Gotovina et al Judgement Volume I - ICTY

39229position was sui generis, and that his area of responsibility was ill-defined and did notnecessarily correspond to the legally defined area of responsibility of the commander ofthe Knin garrison. Consequently, the formal powers of a garrison commander may beindicative, but are not dispositive, of the powers, responsibilities and functions actuallywielded by Čermak. The Trial Chamber finds that one of those functions was to be themain designated representative to deal with members of the international community inKnin. The Trial Chamber further examines his role with regard to the media in chapters6.2.6 and 6.4.7. The Trial Chamber will further examine the powers, responsibilities andfunctions of Čermak in chapters 6.4.2, 6.4.3, 6.4.6, and 6.4.7, with focus on how andwhere Čermak exercised his powers in practice, and how others responded to thatexercise. The Trial Chamber will also consider, but give comparatively less weight to,the formal limits in Croatian law on the exercise of the powers of a garrisoncommander.3.3 Mladen Markač and the Special Police167. According to the Indictment, Mladen Markač was during the Indictment periodAssistant Minister of the Interior and Commander of the Special Police, including theLučko Anti-Terrorist Unit, and possessed effective control over HV rocket and artilleryunits attached to his forces or subordinated to his command. 548 The Trial Chamber willexamine in turn some general evidence on Markač and the Special Police, therelationship between the HV and the Special Police, the Special Police’s participation inOperation Storm (including the artillery assets and geographical boundaries of theSpecial Police), the involvement of the Special Police in the search operationsconducted in the newly controlled territories after Operation Storm, the uniforms andinsignia worn by the Special Police, and the reporting and processing of crimes withinthe framework of the Special Police.168. The Trial Chamber first turns to general evidence on Markač and the SpecialPolice. On 18 February 1994, Croatian President Franjo Tuñman appointed Markač asAssistant Minister of the Interior, with responsibility for the Special Police. 549 Wheninterviewed by the Prosecution, Markač stated that the Special Police’s main tasks were548 Indictment, paras 10-11. See also paras 8-9.86Case No.: IT-06-90-T 15 April 2011 `