Gotovina et al Judgement Volume I - ICTY
Share Embed Flag
Download ePaper

Gotovina et al Judgement Volume I - ICTY

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

cpi.hr
12.07.2015 Views

38565approximately 250 metres south-west of the location of the police station on D248, p. 3.The other house was located approximately 250-300 metres west of the location of thepolice station on D248, p. 3 and a similar distance north-west of the location of thepolice station as provided by the “Jagoda” list. The Trial Chamber further notes theevidence of exhibit D737 that when Captain Grancarić entered Benkovac at 3:30 p.m.on 5 August 1995, one building was on fire. Although the Trial Chamber is satisfiedthat this building was hit by artillery projectiles, it has received no further evidenceindicating the location of the building in Benkovac. Consequently, the Trial Chamber isunable to establish location of this building and/or whether it is among the buildingsidentified above as having been hit with artillery projectiles.1429. Based on the evidence of Vukašinović, the Trial Chamber finds that between 5a.m. and 7 a.m. on 4 August 1995, approximately 100 shells landed on the followinglocations: around the areas of the Bagat and Kepol factories; the cool storage; the petrolstation; the Slobodan Macura barracks; the police station; Benkovačko Selo; the Ristićhamlet; and the pine woods in Ristić (marked B on map D1501). The Ristić hamlet wasaround 800 metres north of the Benkovac stadium and therefore at least this distancefrom the location of the police station on D248, p. 3. Sometime after 5 a.m. on 4 August1995, shells fell around the firemen’s hall. The Trial Chamber recalls that the firemen’shall was listed on the “Jagoda” list, and finds that the petrol station was locatedapproximately 150 metres north-west of the firemen’s hall. The Trial Chamber furtherfinds that the petrol station and the fireman’s hall were at least 600 metres south-west ofthe location of the police station on D248, p. 3, and at least 500 metres south-west of thelocation of the police station as provided by the “Jagoda” list. The Trial Chamber recallsthat the cool storage and Kepol factory were listed on the “Jagoda” list. The TrialChamber further finds that the cool storage and Bagat and Kepol factories were at least800 metres south of the location of the police station on D248, p. 3 and at least 700metres south of the location of the police station as provided by the “Jagoda” list. TheTrial Chamber finds that the pine woods in Ristić were approximately 500 metres westof the “Plodine” food warehouse listed on the “Jagoda” list and of the cross-roadsidentified by Rajčić as a target (listed as Benkovačko Selo on the “Jagoda” list). Alsobased on the evidence of Vukašinović, the Trial Chamber finds that sometime after 4:30p.m. on 4 August 1995, approximately ten shells fell in the area of Ristić and thatbetween 10:30 a.m. and 5 p.m. on that day, a total of 30-40 shells landed in the areas of750Case No.: IT-06-90-T 15 April 2011 `

38564the stadium, Ristić, the Slobodan Macura barracks and other facilities in Benkovac. TheTrial Chamber has received no evidence of what these projectiles impacted in theseareas, other than what has been identified above. The Trial Chamber has consideredNovaković’s testimony that according to various reports received on 4 August 1995, alarge number of projectiles were fired on Benkovac in an indiscriminate, scatter-shotmanner. However, the Trial Chamber has received no further evidence on whatinformation these reports were based on. In light of this, and given the other evidencereceived, the Trial Chamber is unable to assess the veracity of these claims.1430. The Trial Chamber will now turn to the question of military and civilianpresence in Benkovac on 4 and 5 August 1995. The Trial Chamber has considered theevidence of Vukašinović, that Benkovac was approximately seven kilometres from thenearest front line, and the evidence of Novaković that there were no SVK combat unitsin Benkovac town, and that the nearest unit was between 15 and 20 kilometres away.This evidence is supported by evidence from Roberts and Mrkšić, as well as Fuzul’s 3August 1995 order, P1263, Gotovina’s remarks at the Brioni meeting of 31 July 1995and his order of 2 August 1995, P1125. Based on the foregoing evidence, and the SVKreport D828 (which indicates that at 5:25 a.m. on 5 August 1995, the logistics section ofthe Benkovac barracks was unmanned), the Trial Chamber finds that on 4 and 5 August1995 there was minimal SVK presence in Benkovac town. The Trial Chamber refers toits findings under chapter 4.5.3 (Benkovac municipality) regarding the civilian presencein Benkovac on 4 and 5 August 1995. The Trial Chamber will further consider thealleged unlawful attack on civilians and civilian objects in Benkovac in relation toCount 1 of the Indictment in chapter 5.8.2 (i) below.4.4.5 Gračac town1431. The Trial Chamber has received evidence on the alleged unlawful attack againstcivilians and civilian objects in Gračac from several witnesses, including members ofthe Special Police, as well as from documentary evidence. The Trial Chamber hasreviewed evidence on the ethnic composition of Gračac town in chapter 4.2.7 (Gračactown).751Case No.: IT-06-90-T 15 April 2011 `

38565approximately 250 m<strong>et</strong>res south-west of the location of the police station on D248, p. 3.The other house was located approximately 250-300 m<strong>et</strong>res west of the location of thepolice station on D248, p. 3 and a similar distance north-west of the location of thepolice station as provided by the “Jagoda” list. The Tri<strong>al</strong> Chamber further notes theevidence of exhibit D737 that when Captain Grancarić entered Benkovac at 3:30 p.m.on 5 August 1995, one building was on fire. Although the Tri<strong>al</strong> Chamber is satisfiedthat this building was hit by artillery projectiles, it has received no further evidenceindicating the location of the building in Benkovac. Consequently, the Tri<strong>al</strong> Chamber isunable to establish location of this building and/or wh<strong>et</strong>her it is among the buildingsidentified above as having been hit with artillery projectiles.1429. Based on the evidence of Vukašinović, the Tri<strong>al</strong> Chamber finds that b<strong>et</strong>ween 5a.m. and 7 a.m. on 4 August 1995, approximately 100 shells landed on the followinglocations: around the areas of the Bagat and Kepol factories; the cool storage; the p<strong>et</strong>rolstation; the Slobodan Macura barracks; the police station; Benkovačko Selo; the Ristićhaml<strong>et</strong>; and the pine woods in Ristić (marked B on map D1501). The Ristić haml<strong>et</strong> wasaround 800 m<strong>et</strong>res north of the Benkovac stadium and therefore at least this distancefrom the location of the police station on D248, p. 3. Som<strong>et</strong>ime after 5 a.m. on 4 August1995, shells fell around the firemen’s h<strong>al</strong>l. The Tri<strong>al</strong> Chamber rec<strong>al</strong>ls that the firemen’sh<strong>al</strong>l was listed on the “Jagoda” list, and finds that the p<strong>et</strong>rol station was locatedapproximately 150 m<strong>et</strong>res north-west of the firemen’s h<strong>al</strong>l. The Tri<strong>al</strong> Chamber furtherfinds that the p<strong>et</strong>rol station and the fireman’s h<strong>al</strong>l were at least 600 m<strong>et</strong>res south-west ofthe location of the police station on D248, p. 3, and at least 500 m<strong>et</strong>res south-west of thelocation of the police station as provided by the “Jagoda” list. The Tri<strong>al</strong> Chamber rec<strong>al</strong>lsthat the cool storage and Kepol factory were listed on the “Jagoda” list. The Tri<strong>al</strong>Chamber further finds that the cool storage and Bagat and Kepol factories were at least800 m<strong>et</strong>res south of the location of the police station on D248, p. 3 and at least 700m<strong>et</strong>res south of the location of the police station as provided by the “Jagoda” list. TheTri<strong>al</strong> Chamber finds that the pine woods in Ristić were approximately 500 m<strong>et</strong>res westof the “Plodine” food warehouse listed on the “Jagoda” list and of the cross-roadsidentified by Rajčić as a targ<strong>et</strong> (listed as Benkovačko Selo on the “Jagoda” list). Alsobased on the evidence of Vukašinović, the Tri<strong>al</strong> Chamber finds that som<strong>et</strong>ime after 4:30p.m. on 4 August 1995, approximately ten shells fell in the area of Ristić and thatb<strong>et</strong>ween 10:30 a.m. and 5 p.m. on that day, a tot<strong>al</strong> of 30-40 shells landed in the areas of750Case No.: IT-06-90-T 15 April 2011 `

logo

products

Resources

Company

Terms of service
Privacy policy
Cookie policy
Cookie settings
Imprint
Change language
Made with love in Switzerland
© 2024 Yumpu.com all rights reserved

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!