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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38541destroyed. 5617 When the shelling started, the population started moving to the nearbyvillages. 5618 According to the witness, at around 6 p.m. the shelling extended furtheraway from Obrovac and targeted the villages of Žegar and Bogatnik in Nadvodamunicipality. 56191470. Dopuñ testified that during the shelling of the town of Obrovac, the Trio textilefactory, the health clinic, a restaurant in the centre of town, the movie theatre (called the“culture club”), and the bus station were hit. 5620 According to the witness, the movietheatre was 150 metres east of the police station. 5621 He also added that none of thesebuildings were used by the military. 5622 At this time, the command of the SVK 4th LightInfantry Brigade was not based in Obrovac but on the Velebit mountains to the north oftown. 5623 It had been based in the Glinica factory north of Obrovac until January1993. 5624 The witness also testified that the hotel in the centre of town was not used bythe SVK special police, and that the Glinica alumina factory, which according to exhibitD249 was located about one kilometre north of the centre of Obrovac, had not been inuse for several years. 5625 On the days leading up to and including 4 August 1995 thewitness did not see any tanks or APCs in Obrovac. 5626 The witness was not aware of anySVK air defence position south of Obrovac. 5627 Dopuñ testified that with the exceptionof the Trio factory branch in Žegar, which prepared food for the SVK 4th Light InfantryBrigade, and a military depot in the old school building in Žegar, to his knowledge therewere no military facilities in any of the villages mentioned above. 5628 The witnessfurther testified that on 4 August 1995, he travelled out of the town of Obrovac twice to5617 P548 (Jovan Dopuñ, witness statement, 21 February 2007), para. 4; Jovan Dopuñ, T. 6033-6034.5618 P548 (Jovan Dopuñ, witness statement, 21 February 2007), para. 3.5619 P548 (Jovan Dopuñ, witness statement, 21 February 2007), para. 4; Jovan Dopuñ, T. 6000-6001;P551 (Map of Obrovac and surrounding area).5620 P548 (Jovan Dopuñ, witness statement, 21 February 2007), para. 2; Jovan Dopuñ, T. 5983-5989;P549 (Photograph of Obrovac with markings made by Jovan Dopuñ), A indicates the location of the Triofactory; B indicates the centre of Obrovac, where the restaurant was hit by shelling; C indicates thelocation of the health clinic; and D indicates the location of the police station.5621 Jovan Dopuñ, T. 5988.5622 Jovan Dopuñ, T. 5984-5987, 5989, 6044-6047.5623 Jovan Dopuñ, T. 5993-5994, 5999, 6023-6024, 6051, 6069; P551 (Map of Obrovac and surroundingarea).5624 Jovan Dopuñ, T. 5993-5994; D249 (Maps of Obrovac).5625 Jovan Dopuñ, T. 5991-5993, 6046; D249 (Maps of Obrovac).5626 Jovan Dopuñ, T. 6047.5627 Jovan Dopuñ, T. 5995-5996, 6028; D249 (Maps of Obrovac).5628 Jovan Dopuñ, T. 6001-6002, 6030, 6050, 6055, 6069; D525 (Various maps of the Maslenica andObrovac areas).774Case No.: IT-06-90-T 15 April 2011 `

38540visit his family, each time for a period of approximately one hour, but did not see anySVK T-34 tanks or APCs. 56291471. Witness 56, a Serb policeman in Knin between May 1994 and 5 August1995, 5630 testified that there were no military facilities in Obrovac, except for the policestation. 5631 There was also a headquarters of a special police platoon in a hotel acrossthe Zrmanja river, around 150 metres from the municipal building. 5632 There was also afactory in Obrovac called “Glinica”. 5633 Kosta Novaković, who was a member of theSVK General Staff and assistant commander to Mile Mrkšić during OperationStorm, 5634 testified there were no military facilities in Obrovac town and that the nearestcombat units were at least ten kilometres away. 5635 The Trial Chamber has consideredfurther evidence of this witness, reviewed in chapter 4.5.2.1472. In addition to the above evidence, the Trial Chamber has considered P1125 andD970 reviewed in chapter 4.4.3 and P1201 and P1263 reviewed in chapter 4.4.4.1473. Based on Dopuñ’s testimony, the Trial Chamber finds that the shelling ofObrovac began at 7 a.m. on 4 August 1995, and that artillery projectiles hit the Triotextile factory, the health clinic, a restaurant in the centre of town, the movie theatre,and the bus station. Exhibits P1125, D970, P1201 orders issued before the beginning ofOperation Storm by Gotovina, Rajčić, and Firšt, respectively, show that the HVformation TS-5, which according to map D971 was positioned west of Obrovac, wasordered, inter alia, to put the town of Obrovac under artillery fire. The Trial Chamberalso considers Fuzul’s order, P1263, to lay down fire on Obrovac. The Trial Chamberwill consider in 5.8.2 (i) whether these attack orders should be interpreted to mean thatthe town of Obrovac as such was identified as a target. According to Rajčić, Obrovacwas within TS-5’s range. On this basis, the Trial Chamber finds that the artilleryprojectiles which impacted on the buildings in Obrovac listed above were fired by theTS-5 formation of the HV. The evidence does not indicate which of the artillery pieces5629 Jovan Dopuñ, T. 6024, 6049, 6065.5630 P286 (Witness 56, witness statement, 5 December 1996), pp. 1-2; P287 (Witness 56, witnessstatement, 18 September 2000), p. 1; P288 (Witness 56, witness statement, 12 June 2007), p. 1, para. 2;P289 (Witness 56, witness statement, 21 May 2008), p. 1; Witness 56, T. 3686.5631 Witness 56, T. 3537, 3632; D249 (Map of Obrovac), p. 1.5632 Witness 56, T. 3560, 3633; D249 (Map of Obrovac), p. 1.5633 Witness 56, T. 3633. D249 (Map of Obrovac), p. 2.5634 P1092 (Kosta Novaković, witness statement, 5 April 2001), pp. 1-2; P1093 (Kosta Novaković,witness statement, 8 March 2007), paras 4-5; Kosta Novaković, T. 11708, 11711, 11775-11776, 11858.5635 P1093 (Kosta Novaković, witness statement, 8 March 2007), para. 11.775Case No.: IT-06-90-T 15 April 2011 `

38541destroyed. 5617 When the shelling started, the population started moving to the nearbyvillages. 5618 According to the witness, at around 6 p.m. the shelling extended furtheraway from Obrovac and targ<strong>et</strong>ed the villages of Žegar and Bogatnik in Nadvodamunicip<strong>al</strong>ity. 56191470. Dopuñ testified that during the shelling of the town of Obrovac, the Trio textilefactory, the he<strong>al</strong>th clinic, a restaurant in the centre of town, the movie theatre (c<strong>al</strong>led the“culture club”), and the bus station were hit. 5620 According to the witness, the movi<strong>et</strong>heatre was 150 m<strong>et</strong>res east of the police station. 5621 He <strong>al</strong>so added that none of thesebuildings were used by the military. 5622 At this time, the command of the SVK 4th LightInfantry Brigade was not based in Obrovac but on the Velebit mountains to the north oftown. 5623 It had been based in the Glinica factory north of Obrovac until January1993. 5624 The witness <strong>al</strong>so testified that the hotel in the centre of town was not used bythe SVK speci<strong>al</strong> police, and that the Glinica <strong>al</strong>umina factory, which according to exhibitD249 was located about one kilom<strong>et</strong>re north of the centre of Obrovac, had not been inuse for sever<strong>al</strong> years. 5625 On the days leading up to and including 4 August 1995 thewitness did not see any tanks or APCs in Obrovac. 5626 The witness was not aware of anySVK air defence position south of Obrovac. 5627 Dopuñ testified that with the exceptionof the Trio factory branch in Žegar, which prepared food for the SVK 4th Light InfantryBrigade, and a military depot in the old school building in Žegar, to his knowledge therewere no military facilities in any of the villages mentioned above. 5628 The witnessfurther testified that on 4 August 1995, he travelled out of the town of Obrovac twice to5617 P548 (Jovan Dopuñ, witness statement, 21 February 2007), para. 4; Jovan Dopuñ, T. 6033-6034.5618 P548 (Jovan Dopuñ, witness statement, 21 February 2007), para. 3.5619 P548 (Jovan Dopuñ, witness statement, 21 February 2007), para. 4; Jovan Dopuñ, T. 6000-6001;P551 (Map of Obrovac and surrounding area).5620 P548 (Jovan Dopuñ, witness statement, 21 February 2007), para. 2; Jovan Dopuñ, T. 5983-5989;P549 (Photograph of Obrovac with markings made by Jovan Dopuñ), A indicates the location of the Triofactory; B indicates the centre of Obrovac, where the restaurant was hit by shelling; C indicates thelocation of the he<strong>al</strong>th clinic; and D indicates the location of the police station.5621 Jovan Dopuñ, T. 5988.5622 Jovan Dopuñ, T. 5984-5987, 5989, 6044-6047.5623 Jovan Dopuñ, T. 5993-5994, 5999, 6023-6024, 6051, 6069; P551 (Map of Obrovac and surroundingarea).5624 Jovan Dopuñ, T. 5993-5994; D249 (Maps of Obrovac).5625 Jovan Dopuñ, T. 5991-5993, 6046; D249 (Maps of Obrovac).5626 Jovan Dopuñ, T. 6047.5627 Jovan Dopuñ, T. 5995-5996, 6028; D249 (Maps of Obrovac).5628 Jovan Dopuñ, T. 6001-6002, 6030, 6050, 6055, 6069; D525 (Various maps of the Maslenica andObrovac areas).774Case No.: IT-06-90-T 15 April 2011 `

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