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Gotovina et al Judgement Volume I - ICTY

Gotovina et al Judgement Volume I - ICTY

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39232officers. 523 The Tri<strong>al</strong> Chamber has further considered the evidence of Alain Forandregarding his 8 August 1995 me<strong>et</strong>ing with <strong>Gotovina</strong>, reviewed in chapter 6.3.5.163. The Tri<strong>al</strong> Chamber now turns to the leg<strong>al</strong> basis in Croatian law for the positionof garrison commander. According to the Croatian regulations of the armed forces thatwere in force in 1995, a “garrison” was an area of a populated place and its immediatesurroundings where a company or higher units of the armed forces were quartered. 524The “garrison commander”, designated by the Main Staff, was responsible forplacement, order, discipline and service in the garrison. 525 Among his responsibilitieswas to issue rules on order, discipline and supervision of the behaviour of militarypersonnel in the garrison. 526 On 16 February 1993, Chief of the HV Main Staff Gener<strong>al</strong>Janko Bob<strong>et</strong>ko ordered the s<strong>et</strong>ting up of sever<strong>al</strong> garrisons, including the Knin Garrisonwhich was to include Knin, Nadvoda, Kistanje, Ervenik, Orlić, Kijevo and Civljanemunicip<strong>al</strong>ities, and based Knin Garrison in Gospić pending its move to Knin. 527 Thecommander of the Knin Garrison was directly subordinate to the Commander of SplitMD. 528 On 27 August 1993, Minister of Defence Šušak and Chief of the HV Main StaffBob<strong>et</strong>ko ordered that commanders of MDs be superior and responsible for the entirework, order and discipline in garrisons in their areas. 529 The garrison commands did nothave an operation<strong>al</strong> function or the right to command HV units, except preciselyprescribed authorities regarding work, order and discipline in the garrison outside ofmilitary facilities. 530 The garrison commander was required to arrange with VP aprocedure for c<strong>al</strong>ling VP units to re-establish, in case of need, order and discipline in thegarrison, and arrange for the temporary deployment of VP patrols to supervise work,522 P1098 (Maria Teresa Mauro, witness statement, 3 March 2000), p. 3; Maria Teresa Mauro, T. 12041.523 Stig Marker Hansen, T. 14924-14925; P958 (ECMM daily report, 12 September 1995), p. 2; P1288(ECMM daily report, 12 September 1995), p. 1. See <strong>al</strong>so P147 (UNMO Sector South daily situationreport, 8 p.m., 11 September 1995), p. 6.524 Liljana Botteri, T. 10926; D32 (Croatian Regulations of the Armed Forces, 20 May 1992), p. 12(provision 50).525 D32 (Croatian Regulations of the Armed Forces, 20 May 1992), pp. 12-13 (provisions 51-52). See <strong>al</strong>soD1673 (Expert Report of Franjo Feldi, July 2009), paras 2.3.2-2.3.6; D1674 (Franjo Feldi, witnessstatement, 16 July 2003), pp. 9-10.526 D32 (Croatian Regulations of the Armed Forces, 20 May 1992), p. 13 (provisions 54-55).527 D33 (Excerpt of order by Chief of the HV Main Staff Gener<strong>al</strong> Janko Bob<strong>et</strong>ko, 16 February 1993, andreports on number of personnel for Knin Garrison, 31 August and 26 September 1995), pp. 1-2, 4.528 D33 (Excerpt of order by Chief of the HV Main Staff Gener<strong>al</strong> Janko Bob<strong>et</strong>ko, 16 February 1993, andreports on number of personnel for Knin Garrison, 31 August and 26 September 1995), pp. 1-3.529 D34 (Order by Minister of Defence Gojko Šušak and Chief of the HV Main Staff Gener<strong>al</strong> JankoBob<strong>et</strong>ko regarding work, order and discipline in garrisons, 27 August 1993, and attached instructions),pp. 1-2.83Case No.: IT-06-90-T 15 April 2011 `

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