Gotovina et al Judgement Volume I - ICTY

38522Due to several similarities in the evidence given by Marti and Tchernetsky and giventhe fact that they were part of the same patrol, the Trial Chamber is satisfied that thesewitnesses refer to the same shelling incident on 30 July 1995 just outside of Strmica.Given their testimonies and also taking into account P419, P427, and P209, the TrialChamber is satisfied that around 10:30 a.m. on 30 July 1995, shells were fired from thedirection of Grahovo in Bosnia-Herzegovina into a field just south of Strmica. Based onthe evidence of Granić that the HV was in Grahovo on 30 July 1995 indicates that theHV fired these shells.1507. The above evidence, in particular that of Berikoff, Hill, and Witness 56, indicatesthat there was an SVK presence in the vicinity of Strmica around the end of July 1995.Additionally, on 30 July 1995, various SVK vehicles including tanks were movingbetween a SVK military camp near Strmica and Bosansko Grahovo. During the end ofJuly 1995, international observers occasionally witnessed small columns of SVKsoldiers moving toward Golubić in the direction of Strmica. Some days before 4 August1995, in Strmica Hill observed SVK tanks, APCs and camouflaged soldiers, as well asshells from cannons which were mounted on APCs on the road. In addition, accordingto Witness 56 and Vukašinović an SVK storage site was located in Strmica. Thisevidence indicates that at least on 30 July 1995 there were military targets in Strmica, aswell as SVK presence in the vicinity thereof. The Trial Chamber also notes the evidenceof Witness 56 that, as a result of the shelling of Strmica, the overwhelming majority ofthe civilian population of the village fled to Knin and other villages further west,indicating that there was civilian presence in Strmica when the first shells fell. Inrelation to this incident, the Trial Chamber has received insufficient evidence regardingfirstly, what the HV targeted when firing shells into the field near Strmica on 30 July1995, and secondly, as to what was hit.1508. The Trial Chamber will now turn to the events of 4-5 August 1995. The evidenceof Rajčić indicates that on 4 August 1995, the TS-3 fired 21 shells of 155 millimetresand 203 millimetres at targets in Strmica and in Korita in Bosnia-Herzegovina. TheTrial Chamber has also considered P341, P342 and P345. The evidence indicates thatbetween 7:30 and 8 a.m. on 4 August 1995 the SVK fired 100 artillery rounds from thegeneral area of Strmica into Bosnia-Herzegovina. Further, around 10 a.m. the HV fired30 artillery rounds into the general area of Strmica to which the SVK retaliated by firing20 artillery rounds and heavy machine gun fire from the Strmica area towards Bosnia-793Case No.: IT-06-90-T 15 April 2011 `