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

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

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39241five to ten minutes. 425 There was no one else present, apart from security staff. 426Tuñman orally assigned tasks to Čermak, which they discussed, and which were clear toČermak. 427 Čermak’s tasks were logistical, to re-establish and support civilianauthorities and re-establish normal life (electricity, water, hospitals) in Knin, hygieneand sanitation (dispose of food and dead livestock), cooperate with internationalorganizations, deal with problems relating to the UNCRO camp, and media contacts andpublic relations; they did not include freedom of movement, providing salary oraccommodation for military in Knin, security, organizing the police, or reportingcrimes. 428 While his role was defined by his tasks rather than by a geographical area,Čermak stated that his activity was limited to the Knin Garrison, meaning Knin and thesurrounding area. 429 Čermak explained that his media- and international communityrelatedtasks covered all of Sector South. 430 Čermak stated that he held the rank ofColonel General. 431 However, he also stated that he got his rank of general on the basisof logistical and administrative tasks. 432 Čermak stated that he never commanded units,and had no role in Operation Storm. 433 Čermak also stated that Tuñman chose him notfor his title but for his organizational and logistical skills and because he trusted him. 434However, Čermak added that his title helped his authority to command the men. 43529 October 1997), p. 5; D296 (Transcript of a meeting between Franjo Tuñman and Croatian officials, 7August 1995), pp. 1, 20.425 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 65-66, 145.426 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 38, 65.427 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 5, 7-9, 11, 13, 26-27, 38-39, 144,187; P2526 (Suspect interview with Ivan Čermak, 17 March 1998), pp. 10-11, 16, 51; P2532 (Accusedinterview with Ivan Čermak, 7 June 2004), pp. 1, 13, 42, 142.428 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 5-6, 8-9, 11-14, 24, 32, 38-39, 41,53-54, 56, 63, 74, 108, 115-116, 131, 138, 144, 153, 155-156, 158-159, 165, 169, 177-178, 180; P2526(Suspect interview with Ivan Čermak, 17 March 1998), pp. 9-10, 13, 15-16, 27, 47, 51, 61, 96-97, 102;P2532 (Accused interview with Ivan Čermak, 7 June 2004), pp. 1-2, 7, 12-13, 42, 46, 96-97, 126; P2707(Additional portions of suspect interview with Ivan Čermak, 17 March 1998), p. 3; P2355 (Nacionalinterview with Ivan Čermak, 29 October 1997), pp. 5-7; D38 (Večernji list interview with Ivan Čermak,11 August 1995), p. 1.429 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 11, 53-56, 136, 168-169; P2526(Suspect interview with Ivan Čermak, 17 March 1998), pp. 9-10; P2532 (Accused interview with IvanČermak, 7 June 2004), p. 60.430 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 55-56, 169.431 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), p. 126; P2532 (Accused interview withIvan Čermak, 7 June 2004), p. 56.432 P2532 (Accused interview with Ivan Čermak, 7 June 2004), pp. 27, 36. See also D1678 (GordanRadin, witness statement, 14 April 2009), paras 10, 12.433 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 5, 35; P2526 (Suspect interviewwith Ivan Čermak, 17 March 1998), p. 87; P2532 (Accused interview with Ivan Čermak, 7 June 2004),pp. 26, 37.434 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 6-7, 25, 27, 34, 116-117, 127, 143-144; P2532 (Accused interview with Ivan Čermak, 7 June 2004), p. 57.435 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 144-145.74Case No.: IT-06-90-T 15 April 2011 `

39240Tuñman issued a written order dated 5 August 1995, appointing with immediate effectreserve Colonel General Ivan Čermak as Commander of the Knin Garrison, anddemoted Major Marko Gojević (who had been acting commander of the Knin Garrison)to Čermak’s deputy. 436150. Gordan Radin, Chef de Cabinet of the President of the Republic of Croatia from30 January 1995 to 30 January 2000, 437 testified that on 4 August 1995 PresidentTuñman informed him that he intended to appoint Ivan Čermak as civilian commanderof Knin right after the liberation. 438 Radin recalled with some hesitation that when heasked Tuñman what the position of “civilian commander” meant, Tuñman replied it wasa military person assigned to establish normal civilian life, which would involvecooperating with civilian authorities. 439 The position of civilian commander of Knin didnot exist, which created difficulties for Radin and others in finding a formal method ofappointment. 440 They asked the President’s Military Office to find an appropriateposition, and that Office drafted and sent to the President a decree on appointingČermak as the commander of the Knin garrison. 441 After failing to find Čermak on 4August 1995, Radin and others located him on 5 August 1995, and he immediatelycame to Tuškanac. 442 Radin spoke with Čermak, who then had a meeting with thePresident which lasted a few minutes, and upon leaving the President’s office Čermaktold Radin that he had been appointed commander of the Knin garrison by PresidentTuñman, and that he was going to the HV Main Staff. 443 Radin understood thatČermak’s appointment was a military appointment that gave him the responsibilitiesand powers of a garrison commander, yet included civilian functions of establishingconditions for normal life. 444436 D31 (Order by Tuñman appointing Čermak as Commander of the Knin Garrison, 5 August 1995);D994 (Order from Ante Gotovina temporarily assigning acting commander of Knin Garrison, 1 March1994), p. 1.437 D1678 (Gordan Radin, witness statement, 14 April 2009), p. 1, paras 1-2, 4, 18; Gordan Radin, T.22155, 22168.438 D1678 (Gordan Radin, witness statement, 14 April 2009), para. 8.439 D1678 (Gordan Radin, witness statement, 14 April 2009), para. 8; Gordan Radin, T. 22155-22157,22160, 22166.440 D1678 (Gordan Radin, witness statement, 14 April 2009), para. 10; Gordan Radin, T. 22155, 22157.See also Franjo Feldi, T. 21828-21829.441 D1678 (Gordan Radin, witness statement, 14 April 2009), para. 10; Gordan Radin, T. 22155-22156;P2639 (Decision on the basis of organization of the Ministry of Defence, 13 November 1991), para. III.442 D1678 (Gordan Radin, witness statement, 14 April 2009), paras 9-10.443 D1678 (Gordan Radin, witness statement, 14 April 2009), para. 11; Gordan Radin, T. 22159, 22163-22164, 22166.444 D1678 (Gordan Radin, witness statement, 14 April 2009), para. 12; Gordan Radin, T. 22157, 22160-22166.75Case No.: IT-06-90-T 15 April 2011 `

39240Tuñman issued a written order dated 5 August 1995, appointing with immediate effectreserve Colonel Gener<strong>al</strong> Ivan Čermak as Commander of the Knin Garrison, anddemoted Major Marko Gojević (who had been acting commander of the Knin Garrison)to Čermak’s deputy. 436150. Gordan Radin, Chef de Cabin<strong>et</strong> of the President of the Republic of Croatia from30 January 1995 to 30 January 2000, 437 testified that on 4 August 1995 PresidentTuñman informed him that he intended to appoint Ivan Čermak as civilian commanderof Knin right after the liberation. 438 Radin rec<strong>al</strong>led with some hesitation that when heasked Tuñman what the position of “civilian commander” meant, Tuñman replied it wasa military person assigned to establish norm<strong>al</strong> civilian life, which would involvecooperating with civilian authorities. 439 The position of civilian commander of Knin didnot exist, which created difficulties for Radin and others in finding a form<strong>al</strong> m<strong>et</strong>hod ofappointment. 440 They asked the President’s Military Office to find an appropriateposition, and that Office drafted and sent to the President a decree on appointingČermak as the commander of the Knin garrison. 441 After failing to find Čermak on 4August 1995, Radin and others located him on 5 August 1995, and he immediatelycame to Tuškanac. 442 Radin spoke with Čermak, who then had a me<strong>et</strong>ing with thePresident which lasted a few minutes, and upon leaving the President’s office Čermaktold Radin that he had been appointed commander of the Knin garrison by PresidentTuñman, and that he was going to the HV Main Staff. 443 Radin understood thatČermak’s appointment was a military appointment that gave him the responsibilitiesand powers of a garrison commander, y<strong>et</strong> included civilian functions of establishingconditions for norm<strong>al</strong> life. 444436 D31 (Order by Tuñman appointing Čermak as Commander of the Knin Garrison, 5 August 1995);D994 (Order from Ante <strong>Gotovina</strong> temporarily assigning acting commander of Knin Garrison, 1 March1994), p. 1.437 D1678 (Gordan Radin, witness statement, 14 April 2009), p. 1, paras 1-2, 4, 18; Gordan Radin, T.22155, 22168.438 D1678 (Gordan Radin, witness statement, 14 April 2009), para. 8.439 D1678 (Gordan Radin, witness statement, 14 April 2009), para. 8; Gordan Radin, T. 22155-22157,22160, 22166.440 D1678 (Gordan Radin, witness statement, 14 April 2009), para. 10; Gordan Radin, T. 22155, 22157.See <strong>al</strong>so Franjo Feldi, T. 21828-21829.441 D1678 (Gordan Radin, witness statement, 14 April 2009), para. 10; Gordan Radin, T. 22155-22156;P2639 (Decision on the basis of organization of the Ministry of Defence, 13 November 1991), para. III.442 D1678 (Gordan Radin, witness statement, 14 April 2009), paras 9-10.443 D1678 (Gordan Radin, witness statement, 14 April 2009), para. 11; Gordan Radin, T. 22159, 22163-22164, 22166.444 D1678 (Gordan Radin, witness statement, 14 April 2009), para. 12; Gordan Radin, T. 22157, 22160-22166.75Case No.: IT-06-90-T 15 April 2011 `

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