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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39221Medak, Udbina, and Donji Lapac linked with troops of the Gospić MD, and in theterritory of Otrić with units of the Split MD. 620179. The Trial Chamber now turns to the involvement of the Special Police in thesearch operations conducted in the newly controlled territories after Operation Storm.Repinć testified that, even after the HV had reached the Croatian state border therewere still enemy units which launched attacks against units of the HV and SpecialPolice, some times causing fatalities. 621 Because of the reports he received about suchincidents, the Chief of Staff of the HV decided that it was necessary to prevent suchactivities and create conditions for normal life. 622 Therefore, on 21 August 1995 heordered the preparation of a map indicating the areas where contact was made with theenemy as well as the number of enemies observed; the areas where enemy presence wasassumed; and the areas which had not yet been inspected and required further check. 623The order’s recipients included the commanders of the Split and Gospić MDs and theKnin Garrison Command, and a hand written note in the order indicates that it wasbrought to the attention of the Croatian Assistant Minister of Interior in charge ofspecial units. 624180. Repinć testified that Operation Storm-Encirclement was initiated at the orders ofthe Chief of the Special Police Sector to the Special Police commanders in variouspolice administrations. 625 From 13 August until 9 October 1995, a daily average of 625Special Police examined 5,000 square kilometres in the course of search operations,with eight persons killed in two separate incidents (three armed persons killed on 23August 1995, and the Grubori incident on 25 August 1995) and no casualties amongstSpecial Police members. 626 The operational commander supervised the forces engagedin the search from outside the search area, usually by meeting and seeing them off at thebeginning of the operation and, if physically possible and safe, by meeting them again atthe opposite boundary of the area. 627 During the search, the operational commander had620 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 175.621 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 201; D1930 (Extraordinary Report ofthe Gospić MD to the Ministry of Defence of the Republic of Croatia, 13 August 1995); D1931(Intelligence Report of the Gospić MD, 11 August 1995); Dragutin Repinć, T. 26764.622 Dragutin Repinć, T. 26764.623 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 202.624 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 203.625 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 211.626 D1932 (Dragutin Repinć, Expert Report, December 2009), paras 210, 258, 260-261; Dragutin Repinć,T. 26875-26876.627 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 262.94Case No.: IT-06-90-T 15 April 2011 `

39220to be in constant contact, by radio or other means, with the subordinate commandersalthough, due to the size and configuration of the terrain this was not always possible. 628181. According to Repinć, the Collective Special Police Forces Staff had developed astandard procedure for search operations. 629 The procedure began with a request by theHV Main Staff or the MUP to conduct a search. 630 At the end of the search, thecommanders of the units which carried out the operation reported to the operationalcommander of the action on all relevant observations made during the search. 631Subsequently, the operational commander wrote a report to the commander of theSpecial Police, based on his subordinates’ reports and on his personal observations. 632Lastly, Markač issued his report to the Chief of the HV Main Staff, which generally hadthe same content as the report of the operational commander. 633 Regardless of Markač’swhereabouts, such reports would always be sent out with his name printed at thebottom. 634 In this regard, Sačić testified that Markač would normally authorize and signall reports sent out on his behalf. If he was absent when a report was to be sent, thereport could still be sent without a signature but Markač needed to be informed of thisby Sačić or Janić the following day. 635 Daily reports were sometimes only sent on thefollowing day’s morning. 636 The reports were first sent to the Inner Control Department,where the duty officer typed them up and then sent them through the rebus encryptionsystem. 637 According to Repinć, a comparison of the reports compiled by theoperational commanders with the ones sent by Markač to the Chief of the HV MainStaff at the end of each day shows that they were identical in almost all of the cases. 638Search operations were managed from the Special Police command post in Gračac,which was moved to the Plitvice Lakes from 6 to 13 September when the focus of the628 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 263.629 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 207; Dragutin Repinć, T. 26768.630 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 207.631 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 207; Dragutin Repinć, T. 26769.632 D1932 (Dragutin Repinć, Expert Report, December 2009), paras 207, 264; Dragutin Repinć, T. 26874.See also Davorin Pavlović, T. 25278-25280.633 D1932 (Dragutin Repinć, Expert Report, December 2009), paras 207, 264, 266; Dragutin Repinć, T.26768-26770.634 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 208; Dragutin Repinć, T. 26771,26866-26868, 26871. See also P553 (Zdravko Janić, Prosecution interview, 15 March 2005), part II, pp.99-100; Zdravko Janić, T. 6122, 6147-6149, 6373; P574 (Special Police report, 25 August 1995); P579(Report from the Special Police to the HV Main Staff signed by Markač, 26 August 1995); D562 (SpecialPolice report, 21 August 1995); D565 (Special Police report signed by Markač, 9 September 1995).635 Željko Sačić, T. 27901, 27916.636 Željko Sačić, T. 27908-27909.637 Željko Sačić, T. 27916.95Case No.: IT-06-90-T 15 April 2011 `

39220to be in constant contact, by radio or other means, with the subordinate commanders<strong>al</strong>though, due to the size and configuration of the terrain this was not <strong>al</strong>ways possible. 628181. According to Repinć, the Collective Speci<strong>al</strong> Police Forces Staff had developed astandard procedure for search operations. 629 The procedure began with a request by theHV Main Staff or the MUP to conduct a search. 630 At the end of the search, thecommanders of the units which carried out the operation reported to the operation<strong>al</strong>commander of the action on <strong>al</strong>l relevant observations made during the search. 631Subsequently, the operation<strong>al</strong> commander wrote a report to the commander of theSpeci<strong>al</strong> Police, based on his subordinates’ reports and on his person<strong>al</strong> observations. 632Lastly, Markač issued his report to the Chief of the HV Main Staff, which gener<strong>al</strong>ly hadthe same content as the report of the operation<strong>al</strong> commander. 633 Regardless of Markač’swhereabouts, such reports would <strong>al</strong>ways be sent out with his name printed at thebottom. 634 In this regard, Sačić testified that Markač would norm<strong>al</strong>ly authorize and sign<strong>al</strong>l reports sent out on his beh<strong>al</strong>f. If he was absent when a report was to be sent, thereport could still be sent without a signature but Markač needed to be informed of thisby Sačić or Janić the following day. 635 Daily reports were som<strong>et</strong>imes only sent on thefollowing day’s morning. 636 The reports were first sent to the Inner Control Department,where the duty officer typed them up and then sent them through the rebus encryptionsystem. 637 According to Repinć, a comparison of the reports compiled by theoperation<strong>al</strong> commanders with the ones sent by Markač to the Chief of the HV MainStaff at the end of each day shows that they were identic<strong>al</strong> in <strong>al</strong>most <strong>al</strong>l of the cases. 638Search operations were managed from the Speci<strong>al</strong> Police command post in Gračac,which was moved to the Plitvice Lakes from 6 to 13 September when the focus of the628 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 263.629 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 207; Dragutin Repinć, T. 26768.630 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 207.631 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 207; Dragutin Repinć, T. 26769.632 D1932 (Dragutin Repinć, Expert Report, December 2009), paras 207, 264; Dragutin Repinć, T. 26874.See <strong>al</strong>so Davorin Pavlović, T. 25278-25280.633 D1932 (Dragutin Repinć, Expert Report, December 2009), paras 207, 264, 266; Dragutin Repinć, T.26768-26770.634 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 208; Dragutin Repinć, T. 26771,26866-26868, 26871. See <strong>al</strong>so P553 (Zdravko Janić, Prosecution interview, 15 March 2005), part II, pp.99-100; Zdravko Janić, T. 6122, 6147-6149, 6373; P574 (Speci<strong>al</strong> Police report, 25 August 1995); P579(Report from the Speci<strong>al</strong> Police to the HV Main Staff signed by Markač, 26 August 1995); D562 (Speci<strong>al</strong>Police report, 21 August 1995); D565 (Speci<strong>al</strong> Police report signed by Markač, 9 September 1995).635 Željko Sačić, T. 27901, 27916.636 Željko Sačić, T. 27908-27909.637 Željko Sačić, T. 27916.95Case No.: IT-06-90-T 15 April 2011 `

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