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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385631432. Marko Rajčić, the chief of artillery of the Split MD from April 1993 to June1996, 5473 testified that he planned for the TS-5 to fire on targets in Gračac, but had norole in overseeing the plan’s execution. 5474 According to Rajčić, the only plannedmilitary targets in Gračac were three sets of cross-roads and the police station. 5475Gračac was in range of three 130-millimetre HV artillery pieces of the TS-5, from firingpositions at Gvozdanka, in the Rovanjska area, in Jasenica municipality, three 122-millimetre D30 from Vučje Polje, in Jasenica municipality, and one 122-millimetreMB21 MBRL from the area of Southern Velebit. 5476 These artillery pieces had beenattached to the Special Police, under the command of Mladen Markač. 5477 The TrialChamber has also considered evidence of this witness, reviewed in chapters 3.1.1 and4.4.4. The Trial Chamber has further considered Červenko’s order of 29 July 1995 asreviewed in chapter 3.3.1433. Map “Poskok-93”, which is signed by Gotovina and Brigadier Milan Mihić, liststhe gas station and the intersection turning towards Knin as targets in Gračac. 5478 The“Jagoda” list specifies four objects in Gračac; namely the railway station, a railwaycrossing over the road, a factory near the east cross-roads, and another factory near thewest cross-roads. 54791434. Josip Turkalj, commander of the Anti-Terrorist Unit Lučko and commander ofthe Special Police artillery unit during Operation Storm, 5480 testified that for the advanceon Gračac his task was to take positions from which attacking units could be5473 D1425 (Marko Rajčić, witness statement, 13 February 2009), para. 1; Marko Rajčić, T. 16236, 16275;P2323 (Military Police official note of Rajčić interview, 11 July 2008), p. 1.5474 Marko Rajčić, T. 16264, 16363, 17683-17684.5475 Marko Rajčić, T. 16363, 16365; P2329 (Map of Gračac area with Rajčić markings); P2336 (Analysisof Split MD actions from 4 to 9 August 1995, by Marko Rajčić, 17 October 2008), p. 9; P2340(Reconstruction of the Split MD artillery from 4 to 9 August 1995, by Marko Rajčić, 28 November 2008),p. 13; D1460 (Maps of Benkovac, Obrovac and Gračac, with overlay of Jagoda list targets and Rajčićmarkings), pp. 5-6.5476 D1425 (Marko Rajčić, witness statement, 13 February 2009), p. 24; P2322 (Map showing HVartillery positions and sectors of fire), p. 15; P2336 (Analysis of Split MD actions from 4 to 9 August1995, by Marko Rajčić, 17 October 2008), p. 9; P2340 (Reconstruction of the Split MD artillery from 4 to9 August 1995, by Marko Rajčić, 28 November 2008), p. 14.5477 Marko Rajčić, T. 16362; P2336 (Analysis of Split MD actions from 4 to 9 August 1995, by MarkoRajčić, 17 October 2008), p. 9; P2340 (Reconstruction of the Split MD artillery from 4 to 9 August 1995,by Marko Rajčić, 28 November 2008), p. 14.5478 P1273 (Map Poskok-93), p. 8.5479 D1460 (Maps of Benkovac, Obrovac and Gračac, with overlay of Jagoda list objects and Rajčićmarkings), pp. 5-6; D1447 (Jagoda list of objects of the TS-3 of OG Zadar, 30 July 1995), p. 32.5480 P1149 (Josip Turkalj, witness statement, 4 February 2004), paras 11, 31; P1150 (Josip Turkalj,witness interview of 11 March 2005), pp. 14-15, 34; Josip Turkalj, T. 13541, 13551.752Case No.: IT-06-90-T 15 April 2011 `

38562supported. 5481 The witness plotted certain positions for all artillery groups. 5482 Theattack plan was to come in from five or six directions. 5483 Each direction had oneappointed commander, two or three Special Police units (300-600 members), and thesupport of one specific artillery group. 5484 The direction commanders had coded mapsand were in radio contact with their corresponding artillery commanders and acted,together with the unit commanders accompanying them, as forward-spotters for theartillery and reported back about possible firing corrections. 5485 The witness stated thatthere was no specific advance plan but rather a more ad hoc plan with actions to betaken depending on the circumstances. 5486 One of the direction commanders was Noracwho was with the 9th Guards Brigade. 54871435. Turkalj received from the Internal Control Department a topographical map withpotential target information, such as military targets, and on the basis of this mapdetermined the targets to be engaged. 5488 The witness plotted in total over 100 targetsalong the frontline and some beyond. 5489 The targets included warehouses, commandposts, and assembly posts. 5490 The witness stated that he had no particular informationas to any civilian presence close to the targets, but could, to a certain extent, see on amap how close civilian settlements were to the targets. 5491 The witness informed Sačićof the targets to be engaged and stated that Markač trusted Turkalj and hence did nothave cause to check his judgement. 5492 Targets deep behind the front line were fired atwith smaller numbers of projectiles so as to disrupt them, whereas targets on the frontline, such as enemy strongholds firing upon the Croatian forces, were fired at with muchmore projectiles in order to neutralize them. 5493 There were no rules of engagement for5481 P1150 (Josip Turkalj, witness interview of 11 March 2005), p. 78; Josip Turkalj, T. 13556.5482 P1150 (Josip Turkalj, witness interview of 11 March 2005), pp. 95-96, 126.5483 P1150 (Josip Turkalj, witness interview of 11 March 2005), p. 79.5484 P1150 (Josip Turkalj, witness interview of 11 March 2005), pp. 79-80, 96; Josip Turkalj, T. 13700-13701, 13757; see also D1205 (Order by Červenko within letter from Rakić to Ademi, 29 July 1995), p.2.5485 P1149 (Josip Turkalj, witness statement, 4 February 2004), para. 34; P1150 (Josip Turkalj, witnessinterview of 11 March 2005), pp. 80-82, 89-92; P1151 (Josip Turkalj, second witness interview of 11March 2005), pp. 23-24; Josip Turkalj, T. 13597-135985486 P1150 (Josip Turkalj, witness interview of 11 March 2005), p. 81.5487 P1150 (Josip Turkalj, witness interview of 11 March 2005), pp. 93-94. There is no indication inTurkalj’s evidence that the 9th Guards Brigade shelled Gračac on 4-5 August 1995, nor did the TrialChamber find any such indication in other evidence or in the final submissions of the parties.5488 Josip Turkalj, T. 13552, 13554-13555, 13567, 13590-13592, 13702-13703.5489 Josip Turkalj, T. 13555.5490 Josip Turkalj, T. 13703.5491 Josip Turkalj, T. 13553-13554, 13568.5492 Josip Turkalj, T. 13552, 13592-13593.5493 Josip Turkalj, T. 13704-13705, 13767.753Case No.: IT-06-90-T 15 April 2011 `

385631432. Marko Rajčić, the chief of artillery of the Split MD from April 1993 to June1996, 5473 testified that he planned for the TS-5 to fire on targ<strong>et</strong>s in Gračac, but had norole in overseeing the plan’s execution. 5474 According to Rajčić, the only plannedmilitary targ<strong>et</strong>s in Gračac were three s<strong>et</strong>s of cross-roads and the police station. 5475Gračac was in range of three 130-millim<strong>et</strong>re HV artillery pieces of the TS-5, from firingpositions at Gvozdanka, in the Rovanjska area, in Jasenica municip<strong>al</strong>ity, three 122-millim<strong>et</strong>re D30 from Vučje Polje, in Jasenica municip<strong>al</strong>ity, and one 122-millim<strong>et</strong>reMB21 MBRL from the area of Southern Velebit. 5476 These artillery pieces had beenattached to the Speci<strong>al</strong> Police, under the command of Mladen Markač. 5477 The Tri<strong>al</strong>Chamber has <strong>al</strong>so considered evidence of this witness, reviewed in chapters 3.1.1 and4.4.4. The Tri<strong>al</strong> Chamber has further considered Červenko’s order of 29 July 1995 asreviewed in chapter 3.3.1433. Map “Poskok-93”, which is signed by <strong>Gotovina</strong> and Brigadier Milan Mihić, liststhe gas station and the intersection turning towards Knin as targ<strong>et</strong>s in Gračac. 5478 The“Jagoda” list specifies four objects in Gračac; namely the railway station, a railwaycrossing over the road, a factory near the east cross-roads, and another factory near thewest cross-roads. 54791434. Josip Turk<strong>al</strong>j, commander of the Anti-Terrorist Unit Lučko and commander ofthe Speci<strong>al</strong> Police artillery unit during Operation Storm, 5480 testified that for the advanceon Gračac his task was to take positions from which attacking units could be5473 D1425 (Marko Rajčić, witness statement, 13 February 2009), para. 1; Marko Rajčić, T. 16236, 16275;P2323 (Military Police offici<strong>al</strong> note of Rajčić interview, 11 July 2008), p. 1.5474 Marko Rajčić, T. 16264, 16363, 17683-17684.5475 Marko Rajčić, T. 16363, 16365; P2329 (Map of Gračac area with Rajčić markings); P2336 (An<strong>al</strong>ysisof Split MD actions from 4 to 9 August 1995, by Marko Rajčić, 17 October 2008), p. 9; P2340(Reconstruction of the Split MD artillery from 4 to 9 August 1995, by Marko Rajčić, 28 November 2008),p. 13; D1460 (Maps of Benkovac, Obrovac and Gračac, with overlay of Jagoda list targ<strong>et</strong>s and Rajčićmarkings), pp. 5-6.5476 D1425 (Marko Rajčić, witness statement, 13 February 2009), p. 24; P2322 (Map showing HVartillery positions and sectors of fire), p. 15; P2336 (An<strong>al</strong>ysis of Split MD actions from 4 to 9 August1995, by Marko Rajčić, 17 October 2008), p. 9; P2340 (Reconstruction of the Split MD artillery from 4 to9 August 1995, by Marko Rajčić, 28 November 2008), p. 14.5477 Marko Rajčić, T. 16362; P2336 (An<strong>al</strong>ysis of Split MD actions from 4 to 9 August 1995, by MarkoRajčić, 17 October 2008), p. 9; P2340 (Reconstruction of the Split MD artillery from 4 to 9 August 1995,by Marko Rajčić, 28 November 2008), p. 14.5478 P1273 (Map Poskok-93), p. 8.5479 D1460 (Maps of Benkovac, Obrovac and Gračac, with overlay of Jagoda list objects and Rajčićmarkings), pp. 5-6; D1447 (Jagoda list of objects of the TS-3 of OG Zadar, 30 July 1995), p. 32.5480 P1149 (Josip Turk<strong>al</strong>j, witness statement, 4 February 2004), paras 11, 31; P1150 (Josip Turk<strong>al</strong>j,witness interview of 11 March 2005), pp. 14-15, 34; Josip Turk<strong>al</strong>j, T. 13541, 13551.752Case No.: IT-06-90-T 15 April 2011 `

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