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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38543a rifle had been mobilized and sent to the frontline approximately ten to fifteen daysprior to the attack, and only the civilian population remained in Gračac town on 4August 1995. Based on all this evidence, the Trial Chamber finds that there wasminimal, if any, SVK military presence in Gračac on 4 August 1995. In relation tocivilian presence, the evidence of Sovilj and Gaćeša indicates that civilians beganleaving Gračac on the morning of 4 August 1995, and were still leaving during theafternoon of 4 August 1995. On the basis of this evidence, and considering thetestimony of Turkalj and Vurnek indicating that they encountered no civilians whenthey entered Gračac around 2 p.m. on 5 August 1995, the Trial Chamber finds that therewas a civilian population in Gračac when the shelling began on 4 August 1995, many ofwhom had left by 2 p.m. on 5 August 1995.1464. The Trial Chamber will further consider the alleged unlawful attack on civiliansand civilian objects in Gračac in relation to Count 1 of the Indictment in chapter 5.8.2(i) below.4.4.6 Obrovac town1465. The Trial Chamber has received evidence on the alleged unlawful attack againstcivilians and civilian objects in Obrovac primarily through the testimonies of MarkoRajčić, Jovan Dopuñ, and Witness 56 as well as through military documentation.According to the 1991 Population Census, the population of Obrovac consisted of 1,253Serbs out of a total 1,660 persons in 1991. 56021466. Marko Rajčić, the chief of artillery of the Split MD from April 1993 to June1996, 5603 testified that he planned the artillery targets in Obrovac for the artillery rocketgroups, but was not aware of which targets were fired at. 5604 Obrovac was within rangeof the TS-5. 5605 The bridge at Obrovac was a planned target for shelling, as were anumber of cross-roads in the area. 5606 The bridge in Obrovac is listed, together with a5602 C5 (State Bureau of Statistics Population Census of 1991, National Structure of the Population ofCroatia According to Settlement), p. 136.5603 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. 1.5604 Marko Rajčić, T. 16326-16237.5605 D1425 (Marko Rajčić, witness statement, 13 February 2009), p. 24.5606 Marko Rajčić, T. 16326-16237, 16330-16331; P2328 (Map of Obrovac area with Rajčić markings),bridge marked 1, cross-roads marked with circles; D1459 (List of targets in OG Zadar, 12 April 1995), p.26; D1460 (Maps of Benkovac, Obrovac and Gračac, with overlay of Jagoda list targets and Rajčićmarkings), pp. 3-4.772Case No.: IT-06-90-T 15 April 2011 `

38542gas station, as a potential artillery target also in a map named Poskok-93, signed byGotovina and Brigadier Milan Mihić. Aside from the bridge and gas station, the mapalso lists the Glinica alumina factory. 5607 The bridge, the alumina factory and crossroadsare also included in a list named “Jagoda”. 5608 The Trial Chamber has furtherconsidered evidence of this witness, reviewed in chapters 4.4.3 and 4.4.4.1467. With regard to SVK presence in Obrovac, Mile Mrkšić, the commander of theSVK Main Staff from May 1995, 5609 testified that the Obrovac brigade held the Zubfeature, which was on an elevation of some 1,800 metres. 5610 There were no troops inObrovac town on 4 August 1995. 5611 The SVK units who had previously been inObrovac before combat began were at their positions on the Velebit and a brigadecommand had been relocated outside of the town. 56121468. In his order for an offensive operation, dated 2 August 1995, Gotovina includedinformation on the presence and location of enemy brigades, and specified that the 4thObrovac Light Infantry Brigade of the SVK had been mobilized along an axis whichincluded the Velebit and Mali Alan, in Lovinac municipality. 56131469. Jovan Dopuñ, the commander of the SVK 4th Light Infantry Brigade until 1993and a representative of the Obrovac Municipal Assembly in August 1995, 5614 testifiedthat on 3 August 1995 he and his family observed UNCIVPOL leave Obrovac whichmade them suspect that something was about to happen. 5615 On 4 August 1995 at around5 a.m. the shelling of the villages around Obrovac, including Bilišane, Muškovci, andZaton in Obrovac municipality and Kruševo and Zelengrad in Kruševo municipality,commenced while the shelling of the town itself only began around 7 a.m. 5616 Thewitness testified that from around 6:30 a.m., the people in Obrovac were unable to usethe radio or telephone due to the fact that the repeater on the Velebit had been5607 P1273 (Map Poskok-93), p. 8.5608 D1447 (Jagoda list of targets of the TS-3 of OG Zadar, 30 July 1995), pp. 26-27.5609 Mile Mrkšić, T. 18751, 18993.5610 Mile Mrkšić, T. 18997.5611 Mile Mrkšić, T. 19058.5612 Mile Mrkšić, T. 19058.5613 P1125 (Offensive Operation Order by Ante Gotovina, 2 August 1995), p. 3.5614 P548 (Jovan Dopuñ, witness statement, 21 February 2007), para. 1; Jovan Dopuñ, T. 5993, 6005-6006, 6064.5615 P548 (Jovan Dopuñ, witness statement, 21 February 2007), para. 2; Jovan Dopuñ, T. 6031-6032.5616 P548 (Jovan Dopuñ, witness statement, 21 February 2007), paras 2, 4; Jovan Dopuñ, T. 5981, 6000-6001; P551 (Map of Obrovac and surrounding area). See also D520 (Combat report by the command ofthe SVK 4th Light Brigade, 9 August 1995), p. 1.773Case No.: IT-06-90-T 15 April 2011 `

38543a rifle had been mobilized and sent to the frontline approximately ten to fifteen daysprior to the attack, and only the civilian population remained in Gračac town on 4August 1995. Based on <strong>al</strong>l this evidence, the Tri<strong>al</strong> Chamber finds that there wasminim<strong>al</strong>, if any, SVK military presence in Gračac on 4 August 1995. In relation tocivilian presence, the evidence of Sovilj and Gaćeša indicates that civilians beganleaving Gračac on the morning of 4 August 1995, and were still leaving during theafternoon of 4 August 1995. On the basis of this evidence, and considering th<strong>et</strong>estimony of Turk<strong>al</strong>j and Vurnek indicating that they encountered no civilians whenthey entered Gračac around 2 p.m. on 5 August 1995, the Tri<strong>al</strong> Chamber finds that therewas a civilian population in Gračac when the shelling began on 4 August 1995, many ofwhom had left by 2 p.m. on 5 August 1995.1464. The Tri<strong>al</strong> Chamber will further consider the <strong>al</strong>leged unlawful attack on civiliansand civilian objects in Gračac in relation to Count 1 of the Indictment in chapter 5.8.2(i) below.4.4.6 Obrovac town1465. The Tri<strong>al</strong> Chamber has received evidence on the <strong>al</strong>leged unlawful attack againstcivilians and civilian objects in Obrovac primarily through the testimonies of MarkoRajčić, Jovan Dopuñ, and Witness 56 as well as through military documentation.According to the 1991 Population Census, the population of Obrovac consisted of 1,253Serbs out of a tot<strong>al</strong> 1,660 persons in 1991. 56021466. Marko Rajčić, the chief of artillery of the Split MD from April 1993 to June1996, 5603 testified that he planned the artillery targ<strong>et</strong>s in Obrovac for the artillery rock<strong>et</strong>groups, but was not aware of which targ<strong>et</strong>s were fired at. 5604 Obrovac was within rangeof the TS-5. 5605 The bridge at Obrovac was a planned targ<strong>et</strong> for shelling, as were anumber of cross-roads in the area. 5606 The bridge in Obrovac is listed, tog<strong>et</strong>her with a5602 C5 (State Bureau of Statistics Population Census of 1991, Nation<strong>al</strong> Structure of the Population ofCroatia According to S<strong>et</strong>tlement), p. 136.5603 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. 1.5604 Marko Rajčić, T. 16326-16237.5605 D1425 (Marko Rajčić, witness statement, 13 February 2009), p. 24.5606 Marko Rajčić, T. 16326-16237, 16330-16331; P2328 (Map of Obrovac area with Rajčić markings),bridge marked 1, cross-roads marked with circles; D1459 (List of targ<strong>et</strong>s in OG Zadar, 12 April 1995), p.26; D1460 (Maps of Benkovac, Obrovac and Gračac, with overlay of Jagoda list targ<strong>et</strong>s and Rajčićmarkings), pp. 3-4.772Case No.: IT-06-90-T 15 April 2011 `

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