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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385271496. Alexander Tchernetsky, an UNMO in Croatia from 20 June 1995 untilDecember 1995, 5709 patrolled the Strmica area, and went there at least twice toinvestigate alleged Croatian artillery attacks. 5710 He and his team found craters formedby shell explosions and damaged “residential houses”, buildings, and a school damagedby shrapnel. 5711 At least some shelling had taken place prior to 29-30 July 1995. 5712 Hetestified that around 30 July 1995 and prior to Operation Storm, there were norestrictions on UNMO’s movement in the Strmica area. 5713 The witness did indicate thatthe Golubić area south of Strmica was closed off to UNMO patrols. 5714 The witnesstestified that there were no military positions in Strmica, and that the closest SVKposition was in the area of Golubić, in Knin municipality, to which his team did nothave access. 5715 At the end of July 1995, the witness was on his way to investigate aSerb allegation that the Croats had shelled residential Strmica when the Croats begananother heavy artillery attack on the area where his group was present in Strmica at atime when there was no military hardware and no SVK troop presence there. 5716 Aliaison officer from the 7th Corps of the SVK was present with the witness’s group atthe time of the investigation, to show them where the shelling had taken place. 5717 Thewitness and his group were forced to leave their vehicle and seek shelter in a cellarwhile the barrage continued for about 30 minutes. 5718 The witness testified that althoughhe was unaware of any major troop movements, his patrols would occasionally comeacross some military vehicles or small columns of SVK soldiers that were movingtoward Golubić, in Knin municipality, in the direction of Strmica at the end of July1995. 5719 A letter from SVK Lieutenant-General Mile Mrkšić to UNPROFOR5709 P204 (Alexander Tchernetsky, witness statement, 18 May 2002), pp. 1-2; Alexander Tchernetsky, T.3204, 3221.5710 P204 (Alexander Tchernetsky, witness statement, 18 May 2002), p. 2; Alexander Tchernetsky, T.3178.5711 Alexander Tchernetsky, T. 3178-3179, 3186.5712 Alexander Tchernetsky, T. 3293.5713 Alexander Tchernetsky, T. 3179-3180, 3297.5714 Alexander Tchernetsky, T. 3303.5715 P204 (Alexander Tchernetsky, witness statement, 18 May 2002), p. 2; P205 (Alexander Tchernetsky,witness statement, 6 December 2007), para. 2; Alexander Tchernetsky, T. 3303-3304.5716 P204 (Alexander Tchernetsky, witness statement, 18 May 2002), p. 2; P205 (Alexander Tchernetsky,witness statement, 6 December 2007), para. 2; Alexander Tchernetsky, T. 3180-3187; 3293, 3304, 3307-3308, 3310; P208 (Map of Strmica, marked by Alexander Tchernetsky); P209 (Map of Strmica, withmarkings “R” and “R2” by Alexander Tchernetsky).5717 P204 (Alexander Tchernetsky, witness statement, 18 May 2002), p. 2; Alexander Tchernetsky, T.3296-3298; 3308-3309.5718 P204 (Alexander Tchernetsky, witness statement, 18 May 2002), p. 2; Alexander Tchernetsky, T.3180-3182, 3308-3311; P208 (Map of Strmica, marked by Alexander Tchernetsky).5719 Alexander Tchernetsky, T. 3305.788Case No.: IT-06-90-T 15 April 2011 `

38526Command Zagreb indicated that the HV was shelling the Drvar-Grahovo-Knin road on24-27 July 1995 and that this had “put in jeopardy the transport of humanitarian aid tothe western part of the RSK”. 57201497. Peter Marti, an UNMO and later a member of HRAT in Sector South from 19June to 27 November 1995, 5721 testified that on 30 July 1995, at the request of the SVK,the witness and his team, which included Alexander Tchernetsky, picking up their Serbliaison officer on their way, went to conduct a crater analysis near Strmica, Kninmunicipality. 5722 Just before they reached Strmica, about 5-6 shells landed in a fieldnearby. 5723 The shells came from the east, from the direction of Grahovo in Bosnia-Herzegovina. 5724 An excerpt from Marti’s diary indicates that when they first observedshelling, it took place on the western hillside about a kilometre from their position. 5725Marti testified that there was a Serb check-point about 300-500 metres from where theystopped, on the road towards Strmica. 5726 The SVK allowed the UN team up to thecheck-point, but not past it. 5727 Marti was aware that there were SVK military barracksto the right of the road, when approaching Strmica from the south. 57281498. Philip Berikoff, UN Military Information Officer for UN Sector South who wasbased in Knin between 21 July and 5 September 1995, 5729 stated that on 30 July 1995,together with Captain Dangerfield and Sergeant Green, he spent the night at the bordercrossing in Strmica, Knin municipality, where Berikoff observed and heard an extensiveexchange of artillery shelling in the vicinity of Bosansko Grahovo in Bosnia-5720 Alexander Tchernetsky, T. 3300; D223 (Letter from Lieutenant General Mrkšić to UNPROFOR, 27July 1995).5721 P415 (Peter Marti, witness statement, 13 February 1996), pp. 1-2; P416 (Peter Marti, witnessstatement, 29 June 1997), pp. 1, 6; P417 (Peter Marti, witness statement, 14 December 2007), paras 1, 5,9, 17.5722 P417 (Peter Marti, witness statement, 14 December 2007), para. 28; Peter Marti, T. 4595-4597, 4598-4599, 4655, 4662; D224 (Portion of Peter Marti’s Diary, entry of 29 and 30 July 1995); AlexanderTchernetsky T. 3306.5723 P417 (Peter Marti, witness statement, 14 December 2007), para. 28; Peter Marti, T. 4595-4597, 4598-4599; P419 (Aerial Map of Strmica, marked by Peter Marti); D224 (Portion of Peter Marti’s Diary, entryof 29 and 30 July 1995).5724 P417 (Peter Marti, witness statement, 14 December 2007), para. 28.5725 D224 (Excerpt from Peter Marti’s diary) ; Alexander Tchernetsky T. 3306-3307.5726 P417 (Peter Marti, witness statement, 14 December 2007), para. 28; Peter Marti, T. 4657-4658, 4738-4739, 4741-4742; P419 (Aerial Map of Strmica, marked by Peter Marti).5727 Peter Marti, T. 4653, 4655, 4660.5728 Peter Marti, T. 4658-4660, 4737-4738; P427 (Aerial Map of Strmica, marked by Peter Marti).5729 P739 (Philip Berikoff, witness statement, 24 August 1996), pp. 1-2; P740 (Philip Berikoff, witnessstatement, 21 May 1997), p. 1, paras 1-2; P741 (Philip Berikoff, witness statement, 11 December 2007),p. 1; D284 (Philip Berikoff, witness statement, 26-27 May 1997), pp. 1-2, 45; Philip Berikoff, T. 7589,7655-7656, 7734-7735, 7759-7760, 7768, 7776, 7813, 7823; P748 (Berikoff’s daily journal, 17 July – 6September 1995), pp. 2, 16.789Case No.: IT-06-90-T 15 April 2011 `

38526Command Zagreb indicated that the HV was shelling the Drvar-Grahovo-Knin road on24-27 July 1995 and that this had “put in jeopardy the transport of humanitarian aid tothe western part of the RSK”. 57201497. P<strong>et</strong>er Marti, an UNMO and later a member of HRAT in Sector South from 19June to 27 November 1995, 5721 testified that on 30 July 1995, at the request of the SVK,the witness and his team, which included Alexander Tchern<strong>et</strong>sky, picking up their Serbliaison officer on their way, went to conduct a crater an<strong>al</strong>ysis near Strmica, Kninmunicip<strong>al</strong>ity. 5722 Just before they reached Strmica, about 5-6 shells landed in a fieldnearby. 5723 The shells came from the east, from the direction of Grahovo in Bosnia-Herzegovina. 5724 An excerpt from Marti’s diary indicates that when they first observedshelling, it took place on the western hillside about a kilom<strong>et</strong>re from their position. 5725Marti testified that there was a Serb check-point about 300-500 m<strong>et</strong>res from where theystopped, on the road towards Strmica. 5726 The SVK <strong>al</strong>lowed the UN team up to thecheck-point, but not past it. 5727 Marti was aware that there were SVK military barracksto the right of the road, when approaching Strmica from the south. 57281498. Philip Berikoff, UN Military Information Officer for UN Sector South who wasbased in Knin b<strong>et</strong>ween 21 July and 5 September 1995, 5729 stated that on 30 July 1995,tog<strong>et</strong>her with Captain Dangerfield and Sergeant Green, he spent the night at the bordercrossing in Strmica, Knin municip<strong>al</strong>ity, where Berikoff observed and heard an extensiveexchange of artillery shelling in the vicinity of Bosansko Grahovo in Bosnia-5720 Alexander Tchern<strong>et</strong>sky, T. 3300; D223 (L<strong>et</strong>ter from Lieutenant Gener<strong>al</strong> Mrkšić to UNPROFOR, 27July 1995).5721 P415 (P<strong>et</strong>er Marti, witness statement, 13 February 1996), pp. 1-2; P416 (P<strong>et</strong>er Marti, witnessstatement, 29 June 1997), pp. 1, 6; P417 (P<strong>et</strong>er Marti, witness statement, 14 December 2007), paras 1, 5,9, 17.5722 P417 (P<strong>et</strong>er Marti, witness statement, 14 December 2007), para. 28; P<strong>et</strong>er Marti, T. 4595-4597, 4598-4599, 4655, 4662; D224 (Portion of P<strong>et</strong>er Marti’s Diary, entry of 29 and 30 July 1995); AlexanderTchern<strong>et</strong>sky T. 3306.5723 P417 (P<strong>et</strong>er Marti, witness statement, 14 December 2007), para. 28; P<strong>et</strong>er Marti, T. 4595-4597, 4598-4599; P419 (Aeri<strong>al</strong> Map of Strmica, marked by P<strong>et</strong>er Marti); D224 (Portion of P<strong>et</strong>er Marti’s Diary, entryof 29 and 30 July 1995).5724 P417 (P<strong>et</strong>er Marti, witness statement, 14 December 2007), para. 28.5725 D224 (Excerpt from P<strong>et</strong>er Marti’s diary) ; Alexander Tchern<strong>et</strong>sky T. 3306-3307.5726 P417 (P<strong>et</strong>er Marti, witness statement, 14 December 2007), para. 28; P<strong>et</strong>er Marti, T. 4657-4658, 4738-4739, 4741-4742; P419 (Aeri<strong>al</strong> Map of Strmica, marked by P<strong>et</strong>er Marti).5727 P<strong>et</strong>er Marti, T. 4653, 4655, 4660.5728 P<strong>et</strong>er Marti, T. 4658-4660, 4737-4738; P427 (Aeri<strong>al</strong> Map of Strmica, marked by P<strong>et</strong>er Marti).5729 P739 (Philip Berikoff, witness statement, 24 August 1996), pp. 1-2; P740 (Philip Berikoff, witnessstatement, 21 May 1997), p. 1, paras 1-2; P741 (Philip Berikoff, witness statement, 11 December 2007),p. 1; D284 (Philip Berikoff, witness statement, 26-27 May 1997), pp. 1-2, 45; Philip Berikoff, T. 7589,7655-7656, 7734-7735, 7759-7760, 7768, 7776, 7813, 7823; P748 (Berikoff’s daily journ<strong>al</strong>, 17 July – 6September 1995), pp. 2, 16.789Case No.: IT-06-90-T 15 April 2011 `

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