Gotovina et al Judgement Volume I - ICTY

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

12.07.2015 Views

38535Lapac, because except for the staff and the logistic personnel, all the other units werepositioned out of town or at its edges. 5658 Janić testified that he had requested that themilitary put an end to this, and later informed Mladen Markač of what had occurred. 56591480. Josip Turkalj, commander of the Anti-Terrorist Unit Lučko and commander ofthe Special Police artillery unit during Operation Storm, 5660 testified that after the fall ofGračac, Sačić distributed new orders and maps for the advance toward Donji Lapac. 5661There was no intelligence on any particular enemy positions in Donji Lapac, onlyinformation that there were rather strong forces there. 5662 Around noon on 6 or 7 August1995, Turkalj’s unit upon request shelled the area in front of the advancing units to clearthe terrain. 5663 During the advance on Donji Lapac, close to Mazin in Gračacmunicipality, the witness saw a group of 15-20 elderly civilians sitting next to the road,eating from cans. 5664 Turkalj stated that his artillery units did not target Donji Lapacitself, but only the mountainous terrain in front of it. 56651481. In the afternoon of 7 August 1995, the Special Police forces entered Donji Lapacand the witness who followed behind them was one of the last Special Police membersto enter the village. 5666 The witness stated that he did not know of any fighting in DonjiLapac. 5667 Turkalj did not see any civilians in Donji Lapac, but saw one truck full ofshells, one motel, and two or three houses, all burning. 5668 He also saw a damagedbusiness building in the centre of town. 5669 Turkalj did not see any markings on houses5658 P586 (Report to Sector Chief of the Special Police Željko Sačić, 2 October 1995, p. 2; D556 (Reportfrom Zdravko Janić to Željko Sačić, 9 October 1995), p. 2.5659 Zdravko Janić, T. 6220-6221; D556 (Report from Zdravko Janić to Željko Sačić, 9 October 1995).5660 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, 13551.5661 P1149 (Josip Turkalj, witness statement, 4 February 2004), para. 33; P1151 (Josip Turkalj, secondwitness interview of 11 March 2005), pp. 14-15.5662 P1151 (Josip Turkalj, second witness interview of 11 March 2005), pp. 21-22.5663 P1151 (Josip Turkalj, second witness interview of 11 March 2005), pp. 5-7, 9-10, 18-19, 21-23, 32.5664 P1149 (Josip Turkalj, witness statement, 4 February 2004), para. 36; P1151 (Josip Turkalj, secondwitness interview of 11 March 2005), pp. 65-67, 69.5665 P1151 (Josip Turkalj, second witness interview of 11 March 2005), p. 32; Josip Turkalj, T. 13612,13713.5666 P1149 (Josip Turkalj, witness statement, 4 February 2004), para. 36; P1151 (Josip Turkalj, secondwitness interview of 11 March 2005), pp. 5-7, 9-10, 18-19, 27, 35; Josip Turkalj, T. 13611, 13713; seealso P1239 (Combat path of the Lika and Senj Special Police unit, 5 May 1998), p. 5; P1241 (Combatpath of the Sisak and Moslavina Special Police unit), pp. 5-6; P1242 (War path of Dubrava-NeretvaSpecial Police unit), p. 7.5667 Josip Turkalj, T. 13612.5668 P1149 (Josip Turkalj, witness statement, 4 February 2004), paras 36, 39; P1151 (Josip Turkalj, secondwitness interview of 11 March 2005), pp. 35-36.5669 P1149 (Josip Turkalj, witness statement, 4 February 2004), para. 39; P1151 (Josip Turkalj, secondwitness interview of 11 March 2005), p. 36.780Case No.: IT-06-90-T 15 April 2011 `

38534in Donji Lapac. 5670 Even though initially the Special Police was not supposed to takeDonji Lapac, the Special Police forces arrived in Donji Lapac before the HV. 5671 DraženĆurković, the acting commander of the Lučko unit at the time, requested Markač orSačić to contact the military in order to let them know that the Special Police hadalready entered Donji Lapac, so that HV artillery fire from Udbina on the entrance toDonji Lapac would stop. 5672 After some minutes, the shelling stopped. 5673 Turkaljtestified that there were only around ten shells fired at the roads at the entrance of thetown, and that the town itself was neither destroyed nor burnt, apart from a fewexceptions. 56741482. On the night of 7 August 1995, there was limited enemy shooting on the SpecialPolice’s artillery positions, with some shells falling. 5675 There was also, at Sačić’srequest, Croatian artillery shooting towards the river crossing. 5676 The witness believedthat the aim was to have Special Police forces destroy the nearby bridge over the Unariver, so as to prevent the possibility for the enemy soldiers to return across thebridge. 5677 On 8 August 1995, the witness attended a meeting to which commanders ofall units, around 20-30, were called, and at which Markač was not present. 5678 Themeeting was cut short by nearby tank shelling. 5679 On that same day, the witness sawMarkač go towards a building at the river Una in Donji Lapac but testified that Markačarrived in Donji Lapac with all other forces already on 7 August 1995. 5680 Around noonon 8 August 1995, the HV took over the Special Police’s positions. 56815670 P1151 (Josip Turkalj, second witness interview of 11 March 2005), pp. 53-54.5671 P1149 (Josip Turkalj, witness statement, 4 February 2004), para. 37; P1151 (Josip Turkalj, secondwitness interview of 11 March 2005), pp. 33-34, 37.5672 P1149 (Josip Turkalj, witness statement, 4 February 2004), paras 35, 37; P1150 (Josip Turkalj,witness interview of 11 March 2005), pp. 86-88; P1151 (Josip Turkalj, second witness interview of 11March 2005), pp. 32-34; Josip Turkalj, T. 13614, 13714.5673 P1151 (Josip Turkalj, second witness interview of 11 March 2005), pp. 34-35; Josip Turkalj, T.13714.5674 P1151 (Josip Turkalj, second witness interview of 11 March 2005), pp. 46, 55; Josip Turkalj, T.13714.5675 P1151 (Josip Turkalj, second witness interview of 11 March 2005), pp. 5-7, 9-10, 18-19, 40, 47-48.Although Turkalj dated this event one day earlier, considering the chronology of other related evidenceand P1151 (Josip Turkalj, second witness interview of 11 March 2005), pp. 6-10, the Trial Chamber isconvinced that the event described by Turkalj took place on the date indicated in the summary.5676 P1151 (Josip Turkalj, second witness interview of 11 March 2005), pp. 39-41.5677 P1151 (Josip Turkalj, second witness interview of 11 March 2005), pp. 38-41.5678 P1151 (Josip Turkalj, second witness interview of 11 March 2005), pp. 43-44. Although Turkalj datedthis event one day earlier, considering the chronology of other related evidence and P1151 (Josip Turkalj,second witness interview of 11 March 2005), pp. 6-10, the Trial Chamber is convinced that the eventdescribed by Turkalj took place on the date indicated in the summary.5679 P1151 (Josip Turkalj, second witness interview of 11 March 2005), pp. 43-44.5680 P1151 (Josip Turkalj, second witness interview of 11 March 2005), pp. 44-45. Although Turkalj datedthis event one day earlier, considering the chronology of other related evidence and P1151 (Josip Turkalj,781Case No.: IT-06-90-T 15 April 2011 `

38534in Donji Lapac. 5670 Even though initi<strong>al</strong>ly the Speci<strong>al</strong> Police was not supposed to takeDonji Lapac, the Speci<strong>al</strong> Police forces arrived in Donji Lapac before the HV. 5671 DraženĆurković, the acting commander of the Lučko unit at the time, requested Markač orSačić to contact the military in order to l<strong>et</strong> them know that the Speci<strong>al</strong> Police had<strong>al</strong>ready entered Donji Lapac, so that HV artillery fire from Udbina on the entrance toDonji Lapac would stop. 5672 After some minutes, the shelling stopped. 5673 Turk<strong>al</strong>jtestified that there were only around ten shells fired at the roads at the entrance of th<strong>et</strong>own, and that the town itself was neither destroyed nor burnt, apart from a fewexceptions. 56741482. On the night of 7 August 1995, there was limited enemy shooting on the Speci<strong>al</strong>Police’s artillery positions, with some shells f<strong>al</strong>ling. 5675 There was <strong>al</strong>so, at Sačić’srequest, Croatian artillery shooting towards the river crossing. 5676 The witness believedthat the aim was to have Speci<strong>al</strong> Police forces destroy the nearby bridge over the Unariver, so as to prevent the possibility for the enemy soldiers to r<strong>et</strong>urn across thebridge. 5677 On 8 August 1995, the witness attended a me<strong>et</strong>ing to which commanders of<strong>al</strong>l units, around 20-30, were c<strong>al</strong>led, and at which Markač was not present. 5678 Theme<strong>et</strong>ing was cut short by nearby tank shelling. 5679 On that same day, the witness sawMarkač go towards a building at the river Una in Donji Lapac but testified that Markačarrived in Donji Lapac with <strong>al</strong>l other forces <strong>al</strong>ready on 7 August 1995. 5680 Around noonon 8 August 1995, the HV took over the Speci<strong>al</strong> Police’s positions. 56815670 P1151 (Josip Turk<strong>al</strong>j, second witness interview of 11 March 2005), pp. 53-54.5671 P1149 (Josip Turk<strong>al</strong>j, witness statement, 4 February 2004), para. 37; P1151 (Josip Turk<strong>al</strong>j, secondwitness interview of 11 March 2005), pp. 33-34, 37.5672 P1149 (Josip Turk<strong>al</strong>j, witness statement, 4 February 2004), paras 35, 37; P1150 (Josip Turk<strong>al</strong>j,witness interview of 11 March 2005), pp. 86-88; P1151 (Josip Turk<strong>al</strong>j, second witness interview of 11March 2005), pp. 32-34; Josip Turk<strong>al</strong>j, T. 13614, 13714.5673 P1151 (Josip Turk<strong>al</strong>j, second witness interview of 11 March 2005), pp. 34-35; Josip Turk<strong>al</strong>j, T.13714.5674 P1151 (Josip Turk<strong>al</strong>j, second witness interview of 11 March 2005), pp. 46, 55; Josip Turk<strong>al</strong>j, T.13714.5675 P1151 (Josip Turk<strong>al</strong>j, second witness interview of 11 March 2005), pp. 5-7, 9-10, 18-19, 40, 47-48.Although Turk<strong>al</strong>j dated this event one day earlier, considering the chronology of other related evidenceand P1151 (Josip Turk<strong>al</strong>j, second witness interview of 11 March 2005), pp. 6-10, the Tri<strong>al</strong> Chamber isconvinced that the event described by Turk<strong>al</strong>j took place on the date indicated in the summary.5676 P1151 (Josip Turk<strong>al</strong>j, second witness interview of 11 March 2005), pp. 39-41.5677 P1151 (Josip Turk<strong>al</strong>j, second witness interview of 11 March 2005), pp. 38-41.5678 P1151 (Josip Turk<strong>al</strong>j, second witness interview of 11 March 2005), pp. 43-44. Although Turk<strong>al</strong>j datedthis event one day earlier, considering the chronology of other related evidence and P1151 (Josip Turk<strong>al</strong>j,second witness interview of 11 March 2005), pp. 6-10, the Tri<strong>al</strong> Chamber is convinced that the eventdescribed by Turk<strong>al</strong>j took place on the date indicated in the summary.5679 P1151 (Josip Turk<strong>al</strong>j, second witness interview of 11 March 2005), pp. 43-44.5680 P1151 (Josip Turk<strong>al</strong>j, second witness interview of 11 March 2005), pp. 44-45. Although Turk<strong>al</strong>j datedthis event one day earlier, considering the chronology of other related evidence and P1151 (Josip Turk<strong>al</strong>j,781Case No.: IT-06-90-T 15 April 2011 `

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