Gotovina et al Judgement Volume I - ICTY

Gotovina et al Judgement Volume I - ICTY Gotovina et al Judgement Volume I - ICTY

12.07.2015 Views

38585Dreyer (see P78), the Trial Chamber finds that during Operation Storm, the HV firedartillery projectiles which impacted near the Knin cemetery approximately 700 metresnorth of the nearest artillery target identified by Rajčić, namely the field designated astarget “Hospital”.1390. The Trial Chamber has received evidence from several witnesses, including MiraGrubor, Dawes, Berikoff, Bellerose, Leslie, and Novaković regarding wounded anddeceased civilians and SVK members at the hospital. These persons were believed tohave been injured or to have died as a result of shelling. Leslie, Forand, Bellerose, andBerikoff further testified to seeing dead bodies, dressed in civilian and military clothing,in Knin on 4 August 1995, without providing a specific location. The evidence does notestablish where, in Knin or elsewhere, these persons were when they suffered injuriesfrom or died as a result of artillery impacts.1391. The Trial Chamber will now consider the evidence of artillery impacts on theeastern outskirts of Knin and in the southern part of Knin near the UN compound. Basedon the testimony of Dawes and Dreyer, the Trial Chamber finds that the HV firedartillery projectiles which impacted on an area to the east of Knin (see area marked onP78 and marked J on P984), which area included the railway fuel storage yard marked Ron P1095. The Trial Chamber notes that this area is at least 350 metres from the nearesttarget identified by Rajčić, namely the TVIK factory. Further, based on the testimony ofDawes and Dreyer, the Trial Chamber finds that in the morning of 4 August 1995 apolice car was destroyed and two police officers were killed by an artillery projectileimpact. The Trial Chamber notes that Dreyer’s marking of this location as F on P78 issignificantly further north than Dawes’s marking of the same location as I on P984. TheTrial Chamber finds that the police car was located to the north-east of the TVIKfactory, but is unable to further determine the specific location.1392. Based on the evidence of Leslie, the Trial Chamber finds that the HV firedartillery projectiles which impacted on the SVK anti-aircraft facility south-east of theUN compound, marked C4 on D131. The Trial Chamber notes that this was not anartillery objective identified by Rajčić or reported as fired at in the HV artillery reportsin evidence. Further, based on the testimony of Dawes, Dreyer, Dijkstra, Dangerfield,Berikoff, Widén, Williams, and Roberts, the Trial Chamber finds that on 4 and 5 August1995, the HV fired artillery projectiles which impacted near the UN compound,including on and near an intersection closeby the UN compound (area marked E on730Case No.: IT-06-90-T 15 April 2011 `

38584P722, p. 10 and H on P681) and in the empty field in front of the compound (marked 6on P430, J on P746 and marked in green on P928). Dijkstra testified that a shell hit thisempty field every 15-20 minutes for an unspecified period of time after 8 a.m. on 4August 1995, while Berikoff testified that a few rounds struck this field. Based on thisevidence, the Trial Chamber finds that at least three artillery projectiles landed in thisfield at different times on the morning of 4 August 1995. The Trial Chamber notes thatthe north-western edge of this field is approximately 200 metres south of the St AnteMonastery.1393. Based on the evidence of Dawes, Berikoff, Bellerose, Witness 136 and UNMOreport D5, the Trial Chamber finds that between two and four SVK soldiers placed antivehiclemines outside the UN compound in the morning of 4 August 1995, which theUN removed shortly thereafter. Based on the evidence of Williams and Dawes, the TrialChamber finds that around 6 a.m. on 5 August 1995, eight SVK tanks, one APC, and atruck passed the UN compound and headed north through Knin. According to two newsarticles of 5 August 1995, Leslie said that Serb tanks were returning fire right outsidethe UN compound. However, in Court, Leslie did not recall whether there were suchSerb tanks outside the UN compound that today, nor whether he was correctly quoted inthe articles. The Trial Chamber has received no other evidence indicating that any SVKtanks were present near the UN compound on 5 August 1995, other than those whichmoved through the town early that morning. Consequently, on the basis of the two newsarticles alone, the Trial Chamber is unable to conclusively establish that any Serb tanksoutside the UN compound returned fire on 5 August 1995.1394. According to D89, a Sector South situation report, on 5 August 1995 at 6:15p.m., the SVK fired twelve rounds of artillery from Strmica towards Knin. The TrialChamber considers that the report indicates only that the rounds were fired in thegeneral direction of Knin. The witnesses present in Knin consistently testified that theshelling of Knin ended prior to or around noon on 5 August 1995. The Trial Chamberhas received no evidence of shells impacting within the town of Knin that evening.Consequently, the Trial Chamber cannot establish based only on D89 whether theseprojectiles were fired at Knin rather than just in the direction of Knin, nor where theseprojectiles impacted.1395. The Trial Chamber has received evidence from several witnesses with regard to aspecific incident in which an artillery projectile killed a group of people near the UN731Case No.: IT-06-90-T 15 April 2011 `

38584P722, p. 10 and H on P681) and in the empty field in front of the compound (marked 6on P430, J on P746 and marked in green on P928). Dijkstra testified that a shell hit thisempty field every 15-20 minutes for an unspecified period of time after 8 a.m. on 4August 1995, while Berikoff testified that a few rounds struck this field. Based on thisevidence, the Tri<strong>al</strong> Chamber finds that at least three artillery projectiles landed in thisfield at different times on the morning of 4 August 1995. The Tri<strong>al</strong> Chamber notes thatthe north-western edge of this field is approximately 200 m<strong>et</strong>res south of the St AnteMonastery.1393. Based on the evidence of Dawes, Berikoff, Bellerose, Witness 136 and UNMOreport D5, the Tri<strong>al</strong> Chamber finds that b<strong>et</strong>ween two and four SVK soldiers placed antivehiclemines outside the UN compound in the morning of 4 August 1995, which theUN removed shortly thereafter. Based on the evidence of Williams and Dawes, the Tri<strong>al</strong>Chamber finds that around 6 a.m. on 5 August 1995, eight SVK tanks, one APC, and atruck passed the UN compound and headed north through Knin. According to two newsarticles of 5 August 1995, Leslie said that Serb tanks were r<strong>et</strong>urning fire right outsid<strong>et</strong>he UN compound. However, in Court, Leslie did not rec<strong>al</strong>l wh<strong>et</strong>her there were suchSerb tanks outside the UN compound that today, nor wh<strong>et</strong>her he was correctly quoted inthe articles. The Tri<strong>al</strong> Chamber has received no other evidence indicating that any SVKtanks were present near the UN compound on 5 August 1995, other than those whichmoved through the town early that morning. Consequently, on the basis of the two newsarticles <strong>al</strong>one, the Tri<strong>al</strong> Chamber is unable to conclusively establish that any Serb tanksoutside the UN compound r<strong>et</strong>urned fire on 5 August 1995.1394. According to D89, a Sector South situation report, on 5 August 1995 at 6:15p.m., the SVK fired twelve rounds of artillery from Strmica towards Knin. The Tri<strong>al</strong>Chamber considers that the report indicates only that the rounds were fired in thegener<strong>al</strong> direction of Knin. The witnesses present in Knin consistently testified that theshelling of Knin ended prior to or around noon on 5 August 1995. The Tri<strong>al</strong> Chamberhas received no evidence of shells impacting within the town of Knin that evening.Consequently, the Tri<strong>al</strong> Chamber cannot establish based only on D89 wh<strong>et</strong>her theseprojectiles were fired at Knin rather than just in the direction of Knin, nor where theseprojectiles impacted.1395. The Tri<strong>al</strong> Chamber has received evidence from sever<strong>al</strong> witnesses with regard to aspecific incident in which an artillery projectile killed a group of people near the UN731Case No.: IT-06-90-T 15 April 2011 `

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