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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39219search had moved to that area, although a part of the command staff remained in Gračacto follow parallel search activities in that area. 639182. Janić confirmed that after Operation Storm, and up until the beginning of 1996,a number of search operations were undertaken in order to find any hidden weapons orordinances, locate any remaining enemy soldiers, and restore security. 640 Janić testifiedthat there were scores of reports indicating that SVK soldiers who had fled were stilllaunching attacks. 641 He stated that as the chief of the Anti-Terrorist Department of theSpecial Police he commanded the majority of these search operations. 642 The HV MainStaff was kept updated about the searches through daily reports sent from the Gračacheadquarters to the Chief of the Main Staff. 643 Janić testified that he was always able tocontact the unit commanders via radio, and it was common for the person in charge ofthe unit to call in every hour during the operation, and as the overall commander thewitness expected to be kept updated of anything that happened in the course of thesearch. 644 The witness also testified that at the end of such operations, he would firstlyreceive a one-minute de-brief from the unit commanders, and then receive a writtenreport from the unit commanders involved in the operation based on which he wouldcompile a written report for submission to the Internal Control Department along withthe written reports from the unit commanders. 645183. The Trial Chamber has also reviewed evidence, consisting of a number of reportsissued between 21 August 1995 and 9 October 1995, which show that Markač planned,638 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 208; Dragutin Repinć, T. 26770-26771.639 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 209. See also P552 (Zdravko Janić,witness statement, 14 January 2004), paras 47-48.640 P552 (Zdravko Janić, witness statement, 14 January 2004), para. 43; P553 (Zdravko Janić, Prosecutioninterview, 15 March 2005), part II, pp. 68-74, 86-88; Zdravko Janić, T. 6100-6101, 6375; P556 (SpecialPolice order signed by Markač, 28 September 1995); P557 (Special Police order signed by Markač, 29September 1995).641 Zdravko Janić, T. 6368, 6375; D558 (MoD report, 14 August 1995); D564 (Report from the HVGospić MD to the HV Main Staff, 1 September 1995), p. 1.642 P552 (Zdravko Janić, witness statement, 14 January 2004), para. 46; P553 (Zdravko Janić, Prosecutioninterview, 15 March 2005), part II, p. 79.643 P553 (Zdravko Janić, Prosecution interview, 15 March 2005), part II, pp. 74-76.644 P553 (Zdravko Janić, Prosecution interview, 15 March 2005), part II, pp. 132, 135-136, part III, pp.13-14; Zdravko Janić, T. 6118-6119.645 P552 (Zdravko Janić, witness statement, 14 January 2004), para. 53; P553 (Zdravko Janić, Prosecutioninterview, 15 March 2005), part II, pp. 96-101; part III, pp. 21, 35; Zdravko Janić, T. 6120, 6122, 6147-6149.96Case No.: IT-06-90-T 15 April 2011 `

39218directed and coordinated the activities of the Special Police during the search operationsconducted in the aftermath of Operation Storm. 646184. When interviewed by the Prosecution, Markač stated that if anything happenedduring a Special Police operation, it would have been reported to him. Markač statedthat he knew where his commanders were deployed and that they would report to himevery five or ten minutes. 647 He stated that no murders or burning of houses werereported. 648185. The Trial Chamber now turns to the uniforms and insignia worn by the SpecialPolice. According to documentary evidence confirmed by various witnesses, duringOperation Storm and the follow-up operations carried out in its aftermath, SpecialPolice members wore green uniforms. On the left sleeve there was a yellow patch of asword and on the right sleeve a green Croatian coat of arms patch. 649 All Special Policemembers also wore matching ribbons on their left shoulder. 650 The HV had differentcolour ribbons. 651 Ribbons were changed strictly and frequently. 652186. The Trial Chamber finally turns to the reporting and processing of crimes withinthe framework of the Special Police. Janić testified that the Special Police had a booksetting out a code of discipline, which only dealt with minor offences while policemenwho committed serious offences would have criminal complaints filed against themwith the state prosecutor and the policemen would be dealt with in the same way as646 See for instance D2109 (Reports from Sačić to Markač and from Markač to the Chief of Staff of theHV on the completion of tasks for 21 August 1995, both dated 21 August 1995); D2114 (Report fromMarkač to the Chief of Staff of the HV on activities performed on 1 September 1995); D2115 (Reportfrom Markač to the Chief of Staff of the HV on activities performed on 2 September 1995), p. 1; D2131(Report on planned activities for the Collective Special Police Forces on 22 September 1995, 21September 1995); D2134 (Report from Markač to the Chief of Staff of the HV on activities performed on22 September 1995, 23 September 1995), p. 1; D2145 (Report from Markač to the Chief of Staff of theHV on activities performed on 9 October 1995, 9 October 1995), p. 1.647 P2530 (Suspect interview with Mladen Markač, 3-4 March 2003), p. 1.648 P2530 (Suspect interview with Mladen Markač, 3-4 March 2003), p. 1; P2708 (Discrepancy report ofMarkač’s 2003 suspect interview), p. 1.649 P329 (MUP rules on uniforms and insignia of the Special Police), pp. 1, 12-13, Articles 2-14, 16;P2531 (Accused interview with Mladen Markač, 8 June 2004), pp. 46, 74; P1151 (Josip Turkalj, secondwitness interview of 11 March 2005), pp. 69-70; P552 (Zdravko Janić, witness statement, 14 January2004), para. 28; P553 (Zdravko Janić, Prosecution interview, 15 March 2005), part I, p. 102; ZdravkoJanić, T. 6214-6125; P325 (Photographs of uniformed persons in Gračac on 8 August 1995), photographs2-3; P761 (Josip Čelić, witness interview of 25-26 November 2002), Part I, pp. 31-32, Part II, p. 5; ŽeljkoSačić, T. 27734, 27736.650 See P2524 (Markač letter re mopping-up operation); P2529 (Suspect interview with Markač, 10-12December 2002), p. 69.651 P2529 (Suspect interview with Markač, 10-12 December 2002), p. 69.652 See P2524 (Markač letter re mopping-up operation); P2529 (Suspect interview with Markač, 10-12December 2002), p. 70.97Case No.: IT-06-90-T 15 April 2011 `

39219search had moved to that area, <strong>al</strong>though a part of the command staff remained in Gračacto follow par<strong>al</strong>lel search activities in that area. 639182. Janić confirmed that after Operation Storm, and up until the beginning of 1996,a number of search operations were undertaken in order to find any hidden weapons orordinances, locate any remaining enemy soldiers, and restore security. 640 Janić testifiedthat there were scores of reports indicating that SVK soldiers who had fled were stilllaunching attacks. 641 He stated that as the chief of the Anti-Terrorist Department of theSpeci<strong>al</strong> Police he commanded the majority of these search operations. 642 The HV MainStaff was kept updated about the searches through daily reports sent from the Gračacheadquarters to the Chief of the Main Staff. 643 Janić testified that he was <strong>al</strong>ways able tocontact the unit commanders via radio, and it was common for the person in charge ofthe unit to c<strong>al</strong>l in every hour during the operation, and as the over<strong>al</strong>l commander thewitness expected to be kept updated of anything that happened in the course of thesearch. 644 The witness <strong>al</strong>so testified that at the end of such operations, he would firstlyreceive a one-minute de-brief from the unit commanders, and then receive a writtenreport from the unit commanders involved in the operation based on which he wouldcompile a written report for submission to the Intern<strong>al</strong> Control Department <strong>al</strong>ong withthe written reports from the unit commanders. 645183. The Tri<strong>al</strong> Chamber has <strong>al</strong>so reviewed evidence, consisting of a number of reportsissued b<strong>et</strong>ween 21 August 1995 and 9 October 1995, which show that Markač planned,638 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 208; Dragutin Repinć, T. 26770-26771.639 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 209. See <strong>al</strong>so P552 (Zdravko Janić,witness statement, 14 January 2004), paras 47-48.640 P552 (Zdravko Janić, witness statement, 14 January 2004), para. 43; P553 (Zdravko Janić, Prosecutioninterview, 15 March 2005), part II, pp. 68-74, 86-88; Zdravko Janić, T. 6100-6101, 6375; P556 (Speci<strong>al</strong>Police order signed by Markač, 28 September 1995); P557 (Speci<strong>al</strong> Police order signed by Markač, 29September 1995).641 Zdravko Janić, T. 6368, 6375; D558 (MoD report, 14 August 1995); D564 (Report from the HVGospić MD to the HV Main Staff, 1 September 1995), p. 1.642 P552 (Zdravko Janić, witness statement, 14 January 2004), para. 46; P553 (Zdravko Janić, Prosecutioninterview, 15 March 2005), part II, p. 79.643 P553 (Zdravko Janić, Prosecution interview, 15 March 2005), part II, pp. 74-76.644 P553 (Zdravko Janić, Prosecution interview, 15 March 2005), part II, pp. 132, 135-136, part III, pp.13-14; Zdravko Janić, T. 6118-6119.645 P552 (Zdravko Janić, witness statement, 14 January 2004), para. 53; P553 (Zdravko Janić, Prosecutioninterview, 15 March 2005), part II, pp. 96-101; part III, pp. 21, 35; Zdravko Janić, T. 6120, 6122, 6147-6149.96Case No.: IT-06-90-T 15 April 2011 `

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