Gotovina et al Judgement Volume I - ICTY

38549all this evidence, the Trial Chamber finds that the artillery projectiles which impactedGračac town on 4 August 1995 were fired by Special Police artillery pieces, includingby HV artillery pieces attached to the Special Police. The Trial Chamber further findsthat these artillery projectiles included 130-millimetre shells fired from the three 130-millimetre artillery pieces of the TS-5/TRS-5, which were located in firing positions inGvozdanka, approximately 23 kilometres from Gračac. 5601 Having also consideredTurkalj’s evidence that multi-barrel rocket fire was not used in relation to Gračac, theTrial Chamber finds that the evidence is insufficient to establish whether rockets werefired at Gračac.1453. The Trial Chamber now turns to the question of which objects the HV designatedas targets in, and in the immediate vicinity of, Gračac. The Trial Chamber hasconsidered the aforementioned orders of Gotovina, Rajčic and Firšt, P1125, D970 andP1201 respectively, to put the town of Gračac under artillery fire, without furtherspecifying what should be targeted. On 29 July 1995, Červenko ordered the SpecialPolice to work in constant coordination with the Split MD command. The TrialChamber has not received any documentary evidence containing specific artillery ordersissued by the Special Police in relation to Gračac. P2436 reported that on 4 August 1995at three separate times that day, the HV fired shells at Gračac, without any furtherspecification of targets. Similarly, P2385 reported that twice on 4 August 1995, theSpecial Police fired artillery targeting Gračac, without further specifying the targetsfired at within Gračac. Finally, Mladen Markač reported in P583 that the Special PoliceJoint Forces had launched artillery preparations on targets in the battle range, includingGračac, also without further specifying targets. The Trial Chamber will consider inchapter 5.8.2 (i) whether these attack orders and reports should be interpreted to meanthat the town of Gračac as such was identified as a target.1454. In relation to specific designated targets within Gračac, the Trial Chamber notesthe evidence of Rajčić that the planned military targets in Gračac were threeintersections and the police station. According to the evidence of Turkalj, the militarytargets in and in the immediate vicinity of Gračac were the police station, a municipalbuilding (where, according to one possible understanding of his evidence, Turkaljbelieved the 9th Gračac Brigade command was located), a railway station, anintersection, and a depot. While noting the significant discrepancies in the evidence of5601 The evidence as a whole also strongly indicates that they included mortars.766Case No.: IT-06-90-T 15 April 2011 `