Gotovina et al Judgement Volume I - ICTY
Share Embed Flag
Download ePaper

Gotovina et al Judgement Volume I - ICTY

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

cpi.hr
12.07.2015 Views

385291492. The Trial Chamber has considered several sources of evidence in relation to whofired the artillery projectiles which impacted in Donji Lapac on 7 August 1995. TheTrial Chamber considered that on 10 October 1995, Janić reported to Sačić in D556 thatthe Special Police advance on Donji Lapac was supported by rocket and artillery firewhich targeted previously identified military and police facilities in Donji Lapac. TheTrial Chamber turns first to the evidence of HV artillery fire on Donji Lapac. Janićtestified that the HV provided additional artillery support of 128-millimetre rockets and130-millimetre cannons to the Special Police for the purpose of the attack on DonjiLapac. JORBAT reported that on 7 August 1995 the HV shelled Donji Lapac fromUdbina at 8:35 a.m. According to Ilić, the shells he observed around 9-10 a.m. camefrom the direction of Udbina, as well as from Mazin and Korenica. Further, according tothe evidence of Turkalj, Pavlović, Vitez, Witness 82, Janić, Repinć, MUP analysisreport P621, and a JORBAT report, on 7 August 1995, for a period of approximatelyhalf an hour between 1 and 3 p.m., after the Special Police entered Donji Lapac, the HVfired artillery shells from Udbina at the entrance of Donji Lapac. Based on hismonitoring of radio communications between Janić and Sačić, Pavlović testified thatthese shells were fired by the 118th Home Guard Regiment of the HV. According todocumentary evidence P586, P621, and D556, that evening, the 9th and 118th GuardsBrigades of the HV entered Donji Lapac from the direction of Udbina. Based on theaforementioned evidence, the Trial Chamber finds that on 7 August 1995, between 8:35and 10 a.m. and again between 1 and 3 p.m., the 9th and 118th Home Guards Regimentsof the HV fired shells from Udbina towards Donji Lapac, which impacted the objectsidentified above.1493. The Trial Chamber now turns to evidence of Special Police artillery fire on DonjiLapac. The Trial Chamber considered that according to Repinć, the Special Policeplanned to use artillery and rocket fire on the attack axis to Donji Lapac. According toSačić and Turkalj, on 7 August 1995 the Special Police artillery unit was tasked withproviding support for the Special Police advance towards Donji Lapac. Sačić testifiedthat this artillery unit consisted of mortar batteries and multiple rocket launchers. Čelićtestified that his unit received strong artillery support in the form of mortar fire fromSpecial Police mortar units during their advance on Donji Lapac. Turkalj testified thataround noon on 6 or 7 August 1995, his unit targeted the mountainous terrain in front ofDonji Lapac town to clear the terrain in front of the advancing troops, but did not target786Case No.: IT-06-90-T 15 April 2011 `

38528the town itself. Based on this evidence, the Trial Chamber finds that around noon on 7August 1995, the Special Police fired artillery projectiles, including at least mortars, atthe mountainous terrain in front of Donji Lapac town. In light of Turkalj’s testimonyand considering its findings on the HV shelling Donji Lapac on 7 August 1995 above,the Trial Chamber cannot conclude whether shells fired by the Special Police impactedany objects within Donji Lapac town. The Trial Chamber will further consider thisincident in relation to Count 1 of the Indictment in chapter 5.8.2 (i) below.4.4.8 Strmica town1494. The Trial Chamber has received evidence relating to alleged unlawful attacksagainst civilians and civilian objects in Strmica, Knin municipality, primarily throughthe testimonies of international observers and members of the HV and the SVK.According to the 1991 Population Census, the population of Strmica consisted of 1,298Serbs out of a total of 1,334 persons in 1991. 57021495. Mikhail Ermolaev, Deputy Senior UN Military Observer of Sector South fromJuly 1995 to October 1995, 5703 testified that in late July 1995 UN headquarters in SectorSouth received several official protests from SVK headquarters indicating that Croatianartillery was shelling the area of Strmica in Knin municipality. 5704 A Kenyan battalionlocated in the Strmica area reported no serious problems. 5705 In the morning of 31 July1995, the witness ordered Alexander Tchernetsky and his team to go to Strmica toinvestigate. 5706 At 10:30 a.m., Tchernetsky reported over the radio to Ermolaev that hewas in Strmica and that the whole city was being shelled, which Ermolaev reported toGeneral Forand. 5707 On 2 August 1995, there were still exchanges of fire betweenHV/HVO and SVK in the Strmica area. 57085702 C5 (State Bureau of Statistics Population Census of 1991, National Structure of the Population ofCroatia According to Settlement), p. 110.5703 P94 (Mikhail Ermolaev, witness statement, 14 May 2002), pp. 1-2; P95 (Mikhail Ermolaev, witnessstatement, 2 December 2007), p. 1; Mikhail Ermolaev, T. 2285, 2371.5704 P94 (Mikhail Ermolaev, witness statement, 14 May 2002), p. 4.5705 P94 (Mikhail Ermolaev, witness statement, 14 May 2002), p. 4; Mikhail Ermolaev, T. 2446-2447.5706 P94 (Mikhail Ermolaev, witness statement, 14 May 2002), p. 4; Mikhail Ermolaev, T. 2456-2457.5707 P94 (Mikhail Ermolaev, witness statement, 14 May 2002), p. 4; Mikhail Ermolaev, T. 2445-2447,2458-2459; D163 (UNCRO situation report, 11:59 p.m., 31 July 1995), p. 2.5708 Mikhail Ermolaev, T. 2446-2447, 2461-2462; D164 (UNCRO situation report, 8:30 p.m., 2 August1995), p. 2.787Case No.: IT-06-90-T 15 April 2011 `

38528the town itself. Based on this evidence, the Tri<strong>al</strong> Chamber finds that around noon on 7August 1995, the Speci<strong>al</strong> Police fired artillery projectiles, including at least mortars, atthe mountainous terrain in front of Donji Lapac town. In light of Turk<strong>al</strong>j’s testimonyand considering its findings on the HV shelling Donji Lapac on 7 August 1995 above,the Tri<strong>al</strong> Chamber cannot conclude wh<strong>et</strong>her shells fired by the Speci<strong>al</strong> Police impactedany objects within Donji Lapac town. The Tri<strong>al</strong> Chamber will further consider thisincident in relation to Count 1 of the Indictment in chapter 5.8.2 (i) below.4.4.8 Strmica town1494. The Tri<strong>al</strong> Chamber has received evidence relating to <strong>al</strong>leged unlawful attacksagainst civilians and civilian objects in Strmica, Knin municip<strong>al</strong>ity, primarily throughthe testimonies of internation<strong>al</strong> observers and members of the HV and the SVK.According to the 1991 Population Census, the population of Strmica consisted of 1,298Serbs out of a tot<strong>al</strong> of 1,334 persons in 1991. 57021495. Mikhail Ermolaev, Deputy Senior UN Military Observer of Sector South fromJuly 1995 to October 1995, 5703 testified that in late July 1995 UN headquarters in SectorSouth received sever<strong>al</strong> offici<strong>al</strong> protests from SVK headquarters indicating that Croatianartillery was shelling the area of Strmica in Knin municip<strong>al</strong>ity. 5704 A Kenyan batt<strong>al</strong>ionlocated in the Strmica area reported no serious problems. 5705 In the morning of 31 July1995, the witness ordered Alexander Tchern<strong>et</strong>sky and his team to go to Strmica toinvestigate. 5706 At 10:30 a.m., Tchern<strong>et</strong>sky reported over the radio to Ermolaev that hewas in Strmica and that the whole city was being shelled, which Ermolaev reported toGener<strong>al</strong> Forand. 5707 On 2 August 1995, there were still exchanges of fire b<strong>et</strong>weenHV/HVO and SVK in the Strmica area. 57085702 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. 110.5703 P94 (Mikhail Ermolaev, witness statement, 14 May 2002), pp. 1-2; P95 (Mikhail Ermolaev, witnessstatement, 2 December 2007), p. 1; Mikhail Ermolaev, T. 2285, 2371.5704 P94 (Mikhail Ermolaev, witness statement, 14 May 2002), p. 4.5705 P94 (Mikhail Ermolaev, witness statement, 14 May 2002), p. 4; Mikhail Ermolaev, T. 2446-2447.5706 P94 (Mikhail Ermolaev, witness statement, 14 May 2002), p. 4; Mikhail Ermolaev, T. 2456-2457.5707 P94 (Mikhail Ermolaev, witness statement, 14 May 2002), p. 4; Mikhail Ermolaev, T. 2445-2447,2458-2459; D163 (UNCRO situation report, 11:59 p.m., 31 July 1995), p. 2.5708 Mikhail Ermolaev, T. 2446-2447, 2461-2462; D164 (UNCRO situation report, 8:30 p.m., 2 August1995), p. 2.787Case No.: IT-06-90-T 15 April 2011 `

logo

products

Resources

Company

Terms of service
Privacy policy
Cookie policy
Cookie settings
Imprint
Change language
Made with love in Switzerland
© 2024 Yumpu.com all rights reserved

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!