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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39231discipline and conduct of military personnel in public places. 531 The garrisoncommander was also required to establish cooperation and coordination with the policein the area of the garrison. 532 The commander of a garrison with several barracks wasrequired to issue an order setting up a detention unit to enforce disciplinary measuresagainst soldiers from any unit from the area of the garrison. 533 All garrison commanderswere required to lay down instructions on order, discipline and supervision of theconduct of military personnel at the garrison, and hold monthly reviews of thesituation. 534164. Čermak identified the order by Chief of the HV Main Staff General JankoBobetko dated 16 February 1993 as the legal basis for establishing garrisonheadquarters. 535 However, Čermak stated that he was not in the military structure and inpractice received no orders from his military superiors, since he had received a specialoral appointment by the President. 536 Čermak stated that all his legal authoritiesstemmed from his meeting with Tuñman. 537 With regard to his assigned tasks, Čermak’ssuperiors were President Tuñman, and his office, including Šarinić and Vesna Škare-Ožbolt, with whom Čermak was often in touch. 538 According to Čermak, it was not thePresident’s task to appoint a garrison commander, a very unimportant military positionwhich a general had never held before. 539 Čermak stated that some of his tasks, such ashis logistical functions, were different from the normal tasks of a garrison commander,530 D34 (Order by Minister of Defence Gojko Šušak and Chief of the HV Main Staff General JankoBobetko regarding work, order and discipline in garrisons, 27 August 1993, and attached instructions), p.2.531 D34 (Order by Minister of Defence Gojko Šušak and Chief of the HV Main Staff General JankoBobetko regarding work, order and discipline in garrisons, 27 August 1993, and attached instructions), p.4 (provision 4).532 D34 (Order by Minister of Defence Gojko Šušak and Chief of the HV Main Staff General JankoBobetko regarding work, order and discipline in garrisons, 27 August 1993, and attached instructions), p.4 (provision 5).533 D34 (Order by Minister of Defence Gojko Šušak and Chief of the HV Main Staff General JankoBobetko regarding work, order and discipline in garrisons, 27 August 1993, and attached instructions), p.6 (provision 16).534 D34 (Order by Minister of Defence Gojko Šušak and Chief of the HV Main Staff General JankoBobetko regarding work, order and discipline in garrisons, 27 August 1993, and attached instructions),pp. 7, 10 (provisions 17 and 28).535 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), p. 128.536 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 26-27, 115, 138; P2526 (Suspectinterview with Ivan Čermak, 17 March 1998), pp. 30-31; P2707 (Additional portions of suspect interviewwith Ivan Čermak, 17 March 1998), pp. 3-4.537 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), p. 145.538 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), p. 26; P2526 (Suspect interview withIvan Čermak, 17 March 1998), pp. 15-16; P2707 (Additional portions of suspect interview with IvanČermak, 17 March 1998), p. 3.539 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 6, 27, 129.84Case No.: IT-06-90-T 15 April 2011 `

39230and hence he was not a garrison commander in the classical sense. 540 Čermak also statedthat he was part of the military organization as far as his logistical tasks wereconcerned. 541 Čermak stated that he had executive powers in logistical and technicalmatters, and that he was the only military authority in Knin for logistical matters. 542165. The Trial Chamber finally turns to the end of Čermak’s term. When interviewedby the Prosecution, Čermak stated that he remained Commander of the Knin GarrisonHeadquarters until sometime in or around the end of October 1995, when the civilianauthorities had started working and it was decided between President Tuñman, Šarinić,and Čermak that he was no longer needed in Knin. 543 Towards the end, Čermak wasmostly dealing with contacts with the international community, delegations, and minorlogistical issues. 544 Marko Gojević acceded to Čermak’s position when he left. 545Čermak stayed in Knin for some time after leaving his position, but had gone to Zagrebby mid-November 1995. 546 According to Al-Alfi, Čermak left the Knin area by the endof September or beginning of October 1995, following the Varivode events. 547166. Based on the evidence above, the Trial Chamber finds that the formalappointment and title of Čermak was Commander of the Knin Garrison. The TrialChamber further finds Čermak held this position from 5 August 1995, prior to hisarrival in Knin on 6 August 1995, and until the end of the Indictment period. Titles suchas “military governor” with which some witnesses addressed or associated Čermak donot have a solid basis. However, the Trial Chamber notes the evidence of Radin, Škare-Ožbolt and the Čermak interviews indicating that Tuñman bestowed upon Čermakresponsibilities beyond those normally attached to a garrison commander. Thisevidence, in particular that of Radin, further indicates that the garrison commander titlewas chosen in order to provide some sort of formal legal basis for the position thatTuñman wanted Čermak to hold. The Trial Chamber therefore finds that Čermak’s540 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 26-27, 115, 128-129, 136-138, 141-142; P2532 (Accused interview with Ivan Čermak, 7 June 2004), pp. 1, 10-11, 57-59.541 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 28, 116.542 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 13, 24, 116.543 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 36-37, 68-69, 185; P2526 (Suspectinterview with Ivan Čermak, 17 March 1998), pp. 12-13, 101.544 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), p. 36.545 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 37, 135, 185; P2526 (Suspectinterview with Ivan Čermak, 17 March 1998), pp. 13, 108.546 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 68-69.547 P1160 (Hussein Al-Alfi, witness statement, 5 March 1998), pp. 51, 70; Hussein Al-Alfi, T. 13866;P1169 (UN Sector South report, by Hussein Al-Alfi, 3 October 1995), p. 3. See also P166 (UNMO SectorSouth daily situation report, 8 p.m., 5 October 1995), pp. 5-6.85Case No.: IT-06-90-T 15 April 2011 `

39231discipline and conduct of military personnel in public places. 531 The garrisoncommander was <strong>al</strong>so required to establish cooperation and coordination with the policein the area of the garrison. 532 The commander of a garrison with sever<strong>al</strong> barracks wasrequired to issue an order s<strong>et</strong>ting up a d<strong>et</strong>ention unit to enforce disciplinary measuresagainst soldiers from any unit from the area of the garrison. 533 All garrison commanderswere required to lay down instructions on order, discipline and supervision of theconduct of military personnel at the garrison, and hold monthly reviews of thesituation. 534164. Čermak identified the order by Chief of the HV Main Staff Gener<strong>al</strong> JankoBob<strong>et</strong>ko dated 16 February 1993 as the leg<strong>al</strong> basis for establishing garrisonheadquarters. 535 However, Čermak stated that he was not in the military structure and inpractice received no orders from his military superiors, since he had received a speci<strong>al</strong>or<strong>al</strong> appointment by the President. 536 Čermak stated that <strong>al</strong>l his leg<strong>al</strong> authoritiesstemmed from his me<strong>et</strong>ing with Tuñman. 537 With regard to his assigned tasks, Čermak’ssuperiors were President Tuñman, and his office, including Šarinić and Vesna Škare-Ožbolt, with whom Čermak was often in touch. 538 According to Čermak, it was not thePresident’s task to appoint a garrison commander, a very unimportant military positionwhich a gener<strong>al</strong> had never held before. 539 Čermak stated that some of his tasks, such ashis logistic<strong>al</strong> functions, were different from the norm<strong>al</strong> tasks of a garrison commander,530 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), p.2.531 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), p.4 (provision 4).532 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), p.4 (provision 5).533 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), p.6 (provision 16).534 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. 7, 10 (provisions 17 and 28).535 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), p. 128.536 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 26-27, 115, 138; P2526 (Suspectinterview with Ivan Čermak, 17 March 1998), pp. 30-31; P2707 (Addition<strong>al</strong> portions of suspect interviewwith Ivan Čermak, 17 March 1998), pp. 3-4.537 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), p. 145.538 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), p. 26; P2526 (Suspect interview withIvan Čermak, 17 March 1998), pp. 15-16; P2707 (Addition<strong>al</strong> portions of suspect interview with IvanČermak, 17 March 1998), p. 3.539 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 6, 27, 129.84Case No.: IT-06-90-T 15 April 2011 `

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