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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39235security in and around Knin and the power to restore Croatian authority in the area. 491Forand emphasized that the UN was limited in its movement and could not monitor thesituation on the ground. 492 Čermak responded that he had to ensure security and safetyfor everybody in the city as this was his mandate. 493 According to Roberts, at themeeting Čermak clearly gave the impression that he was the person who had authorityto get issues addressed. 494 Roberts concluded that Čermak was the most senior Croatianofficial responsible for all security matters as at several meetings between the UN andthe civilian Mayor of Knin, Petar Pašić, requests for cooperation often yielded noresults, while meetings with Čermak were followed by instructions for cooperation. 495According to Roberts, Čermak was also the focal point for the UN when they wanted todiscuss the problem of internally displaced persons. 496 Roberts testified that Čermakwas the military governor of Knin in August 1995, “apparently” appointed byTuñman. 497 Roberts was not aware of the exact powers officially entrusted uponČermak. 498158. Søren Liborius, an ECMM Operations Officer and team leader based in Kninfrom 28 July 1995 until 27 November 1995, 499 stated that Čermak had the official titleof military governor, which according to the witness meant that Čermak would directand control an area once forces had moved on. 500 Liborius testified that he addressedČermak in meetings as “military governor” to which Čermak did not protest. 501 Čermakhimself described his role to Liborius as the person responsible for law and order andfor assisting in the restoration of normal life until political figures were elected and had491 P675 (Alun Roberts, witness statement, 27 August 1997), paras 18, 20; Alun Roberts, T. 6876, 6882-6883, 6885, 6887, 6902, 6904-6905, 6922.492 P677 (Alun Roberts, witness statement, 28 February 2007), p. 7; Alun Roberts, T. 6883.493 P677 (Alun Roberts, witness statement, 28 February 2007), p. 7; Alun Roberts, T. 6876, 6885.494 Alun Roberts, T. 6924-6925.495 P677 (Alun Roberts, witness statement, 28 February 2007), p. 12.496 Alun Roberts, T. 6905.497 P675 (Alun Roberts, witness statement, 27 August 1997), para. 9; P676 (Alun Roberts, witnessstatement, 31 July 1998), p. 4; P677 (Alun Roberts, witness statement, 28 February 2007), p. 7; P680(Alun Roberts, witness statement, 1 July 2008), para. 4; Alun Roberts, T. 6898, 6903-6904; D36(Slobodna Dalmacija article about Ivan Čermak’s appointment, 6 August 1995).498 Alun Roberts, T. 6901-6903, 6943-6944; D38 (Večernji List article about an interview with IvanČermak, 11 August 1995), p. 2.499 P799 (Søren Liborius, witness statement, 2 November 1995), pp. 1, 3; P800 (Søren Liborius, witnessstatement, 11 November 1997), p. 2; P801 (Søren Liborius, witness statement, 12 October 2005), p. 2;P803 (Søren Liborius, witness statement, 6 September 2008), para. 6; Søren Liborius, T. 8229; D741(Diary of Liborius), p. 3.500 P800 (Søren Liborius, witness statement, 11 November 1997), p. 2.501 P803 (Søren Liborius, witness statement, 6 September 2008), para. 16; Søren Liborius, T. 8357, 8627.80Case No.: IT-06-90-T 15 April 2011 `

39234taken up their positions. 502 According to Liborius, Čermak claimed to have authority tocontrol the area of Sector South. 503 Liborius stated that Čermak was the personresponsible to grant freedom of movement to staff of international organizations. 504159. Stig Marker Hansen, an ECMM monitor in Knin from June to September 1995and head of ECMM Knin from approximately 5 September to 23 September 1995, 505testified that ECMM monitors referred to Čermak by a variety of titles including“military governor”, “civilian governor”, “commander of the operation zone”, “militarycommander”, and “administrator of Knin”, and there was a difference of understandingabout his responsibilities amongst ECMM monitors. 506 The witness met with Čermakon a number of occasions from the middle of August 1995 onwards, and during thesemeetings Čermak gave him the impression that he was the person in charge of thesituation in Sector South, however he was not able to control and guarantee theECMM’s freedom of movement. 507 Čermak never informed the witness that he was notin charge, or gave him the impression that he was not in charge. 508 Čermak wore auniform and was introduced to the witness as “General”. 509 Although he was in uniformČermak had a very different character than he would expect from a “military man”, andaccording to the witness it would be fair to describe him as “a civilian in a uniform”. 510160. Edward Flynn, a Human Rights Officer with the Office of the UNHCHR andthe leader of one of the HRATs in the former Sector South from 7 August to mid-September 1995, 511 stated that he participated in several meetings with Ivan Čermak. 512Flynn testified that Čermak was open to meetings with UN staff, which could502 P800 (Søren Liborius, witness statement, 11 November 1997), p. 2; Søren Liborius, T. 8358, 8623,8681, 8683.503 P800 (Søren Liborius, witness statement, 11 November 1997), p. 2.504 P800 (Søren Liborius, witness statement, 11 November 1997), p. 3.505 P1283 (Stig Marker Hansen, witness statement, 18 December 1995) p. 2; P1284 (Stig Marker Hansen,witness statement, 22 August 1997), p. 2; P1285 (Stig Marker Hansen, witness statement, 24 April 2008),para. 3.506 P1283 (Stig Marker Hansen, witness statement, 18 December 1995) p. 3; P1284 (Stig Marker Hansen,witness statement, 22 August 1997), p. 2; P1285 (Stig Marker Hansen, witness statement, 24 April 2008),para. 15; Stig Marker Hansen, T. 14956-14959; P1300 (ECMM daily monitoring report, 7 August 1995),p. 2.507 P1284 (Stig Marker Hansen, witness statement, 22 August 1997), p. 3, P1285 (Stig Marker Hansen,witness statement, 24 April 2008), para. 15.508 Stig Marker Hansen, T. 15097-15098.509 Stig Marker Hansen, T. 14955, 14959-14960, 15098.510 Stig Marker Hansen, T. 14960.511P20 (Edward Flynn, witness statement, 29 June 1997), pp. 1-2, 6, 13, 23; P21 (Edward Flynn, witnessstatement, 26-27 February 2008), p. 1, paras 3-4, 36; Edward Flynn, T. 1044, 1270, 1291-1292, 1312,1325.512 P20 (Edward Flynn, witness statement, 29 June 1997), pp. 8-9; Edward Flynn, T. 1082.81Case No.: IT-06-90-T 15 April 2011 `

39235security in and around Knin and the power to restore Croatian authority in the area. 491Forand emphasized that the UN was limited in its movement and could not monitor thesituation on the ground. 492 Čermak responded that he had to ensure security and saf<strong>et</strong>yfor everybody in the city as this was his mandate. 493 According to Roberts, at theme<strong>et</strong>ing Čermak clearly gave the impression that he was the person who had authorityto g<strong>et</strong> issues addressed. 494 Roberts concluded that Čermak was the most senior Croatianoffici<strong>al</strong> responsible for <strong>al</strong>l security matters as at sever<strong>al</strong> me<strong>et</strong>ings b<strong>et</strong>ween the UN andthe civilian Mayor of Knin, P<strong>et</strong>ar Pašić, requests for cooperation often yielded noresults, while me<strong>et</strong>ings with Čermak were followed by instructions for cooperation. 495According to Roberts, Čermak was <strong>al</strong>so the foc<strong>al</strong> point for the UN when they wanted todiscuss the problem of intern<strong>al</strong>ly displaced persons. 496 Roberts testified that Čermakwas the military governor of Knin in August 1995, “apparently” appointed byTuñman. 497 Roberts was not aware of the exact powers offici<strong>al</strong>ly entrusted uponČermak. 498158. Søren Liborius, an ECMM Operations Officer and team leader based in Kninfrom 28 July 1995 until 27 November 1995, 499 stated that Čermak had the offici<strong>al</strong> titleof military governor, which according to the witness meant that Čermak would directand control an area once forces had moved on. 500 Liborius testified that he addressedČermak in me<strong>et</strong>ings as “military governor” to which Čermak did not protest. 501 Čermakhimself described his role to Liborius as the person responsible for law and order andfor assisting in the restoration of norm<strong>al</strong> life until politic<strong>al</strong> figures were elected and had491 P675 (Alun Roberts, witness statement, 27 August 1997), paras 18, 20; Alun Roberts, T. 6876, 6882-6883, 6885, 6887, 6902, 6904-6905, 6922.492 P677 (Alun Roberts, witness statement, 28 February 2007), p. 7; Alun Roberts, T. 6883.493 P677 (Alun Roberts, witness statement, 28 February 2007), p. 7; Alun Roberts, T. 6876, 6885.494 Alun Roberts, T. 6924-6925.495 P677 (Alun Roberts, witness statement, 28 February 2007), p. 12.496 Alun Roberts, T. 6905.497 P675 (Alun Roberts, witness statement, 27 August 1997), para. 9; P676 (Alun Roberts, witnessstatement, 31 July 1998), p. 4; P677 (Alun Roberts, witness statement, 28 February 2007), p. 7; P680(Alun Roberts, witness statement, 1 July 2008), para. 4; Alun Roberts, T. 6898, 6903-6904; D36(Slobodna D<strong>al</strong>macija article about Ivan Čermak’s appointment, 6 August 1995).498 Alun Roberts, T. 6901-6903, 6943-6944; D38 (Večernji List article about an interview with IvanČermak, 11 August 1995), p. 2.499 P799 (Søren Liborius, witness statement, 2 November 1995), pp. 1, 3; P800 (Søren Liborius, witnessstatement, 11 November 1997), p. 2; P801 (Søren Liborius, witness statement, 12 October 2005), p. 2;P803 (Søren Liborius, witness statement, 6 September 2008), para. 6; Søren Liborius, T. 8229; D741(Diary of Liborius), p. 3.500 P800 (Søren Liborius, witness statement, 11 November 1997), p. 2.501 P803 (Søren Liborius, witness statement, 6 September 2008), para. 16; Søren Liborius, T. 8357, 8627.80Case No.: IT-06-90-T 15 April 2011 `

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