Table of contents:
Element:
P.13. Evidence inferred from an utterance, a document or a deed.
A. Legal source/authority and evidence:
Prosecutor v. Dario Kordić and Mario Čerkez, Case No. IT-95-14/2-A, Judgement (AC), 17 December 2004, para. 576:
"576. The Trial Chamber relied on Witness TW12819 who testified that he: "saw cars and buses being taken away or trucks, if somebody had them. [He] saw looting and they just took all those things that they could take away right now and right there. And they were talking to each other saying, Take this now and leave the rest here. We will come back later and take the other stuff. And they took the stuff to Brnjaci."820"
"819. Based on transcripts from the Blaskic trial.
820. Blaskic, T. 9532."
[B. Evidentiary comment:]
P.13.2. Evidence that the perpetrator planned large-scale operations, including plunder.
A. Legal source/authority and evidence:
Prosecutor v. Mladen Naletilić and Vinko Martinović, Case No. IT-98-34-T, Judgement (TC), 31 March 2003, para. 625:
"625. Neither of the accused has alleged the lawfulness of the taking of property from BH Muslim private individuals. The plunder did not involve property related to military operations or the needs of the occupant. Some of the evidence presented at trial explicitly refers to the planning of largescale operations including plunder against BH Muslims.1542 Other evidence points to systematic plunder due to the choice of BH Muslim apartments among possible targets as well as the means employed during the plunder.1543 The Chamber is satisfied that private property was unlawfully appropriated in Mostar following the attack on 9 May 1993 in a systematic way. The Chamber is satisfied that property was chosen because of its monetary value, not its military usefulness.1544"
1542. Witness P, T 2280; witness AC, T 7904; exhibit PP 456.
1543. Witness CC, T 4423; witness YY, T 7275-7276; exhibit PP 456.1.
1544. See especially witness U, T 2927, witness WW, T 7032, witness F, T 1106; exhibit PP 456.
[B. Evidentiary comment:]
P.14. Evidence inferred from a circumstance.
A. Legal source/authority and evidence:
Prosecutor v. Mladen Naletilić and Vinko Martinović, Case No. IT-98-34-T, Judgement (TC), 31 March 2003, paras. 619, 621 622, 627, 630:
"619. Witness U (a BH Muslim) testified that, on 9 May 1993, HVO units not engaged in combat were involved in evicting people and taking property; ten HVO soldiers entered his apartment and, while allegedly looking for weapons, took away some gold jewellery, a computer and other valuables.1520 On that same day, seven armed men evicted Witness WW, her family and all BH Muslims living in the same building from their apartments in the DUM area;1521 on that occasion, Vinko Martinovi} ordered a soldier to drive away a car belonging to one of the neighbours of Witness WW.1522 "
"1520. Witness U, T 2927-2928.
1522. Witness WW, T 7014-7021. When witness WW returned to her apartment around mid-June, she found it emptied of valuables, witness WW, T 7032. These testimonies are corroborated by witnesses participating in the attack on Mostar. Witness Falk Simang, a mercenary fighting in the KB, admitted that after the attack on Mostar KB soldiers drove BH Muslims out of their homes and took away all valuables they could carry, witness Falk Simang, T 3830. Witness Q, a Danish mercenary fighting with the Vinko [krobo ATG, described an instance when soldiers from his unit met at Mladen Naletili} headquarters and went to loot valuables in Muslim houses using civilian cars, witness Q, T 2375."
"621. Between the end of July and 17 September 1993, Witness OO was repeatedly forced by the Vinko [krobo ATG, under the overall authority of Vinko Martinovic, to carry looted household appliances in areas of Mostar far away from the combat zones of the Bulevar.1529 Witness F testified that in the period between July 1993 and March 1994 he was once forced to loot apartments in an area under the responsibility of Vinko Martinovic, loading the booty on trucks that soldiers would drive away. Vinko Martinovics soldiers were there and he recognised Zubac, a subordinate of Martinovic, acting as commander.1530 According to witness II, Vinko Martinovic was never present during the plunder and it was his subordinates, who chose the prisoners.1531
622. Witness Sulejman Had`isalihovi}, after being captured by the HVO on 25 June 1993,1532 was forced by HVO soldiers to loot apartments in Mostar together with other prisoners, mostly at night.1533 This testimony is consistent with the statement of witness AC that Baja and other men were taking property away at night from BH Muslim apartments.1534 Witness F was forced to loot apartments after June 1993, loading the booty on trucks that soldiers would drive away.1535 Witness II was frequently ordered by soldiers from the Vinko [krobo ATG to loot abandoned apartments between the end of July and December 1993.1536 Witness AB testified that he was forced to loot apartments many times from mid-August 1993 onwards;1537 in one of these instances, Vinko Martinovi} was present and, while not explicitly ordering the looting, did nothing to prevent or stop it.1538"
"1529. Witness OO, T 5943.
1530. Witness F, T 1106-1108.
1531. Witness II, T 4962.
1532. Witness Sulejman Had`isalihovic, T 1222.
1532. Witness Sulejman Had`isalihovic, T 1222.
1533. Witness Sulejman Had`isalihovic, T 1247.
1534. Witness AC, T 7912.
1535. Witness F, T 1106.
1536. Witness II, T 4962.
1537. Witness AB, T 7867. The Prosecution Final Brief, p 121, refers instead to witness ZZ.
1538. Witness AB, T 7880-7881."
"627. With regard to the incidents occurring in the DUM area on 13 June 1993, it has been established that a large-scale operation of plunder, in connection with evictions, was carried out by soldiers acting under the supervision of Vinko Martinovic. Vinko Martinovic ordered the modalities of the evictions; such modalities included plunder of BH Muslim property in the neighbourhood. He organised his men during this operation and took no action even after police had inquired about the events.1548 Vinko Martinovic is therefore responsible under Articles 3(e) and 7(1) of the Statute."
"1548. Exhibit PP 456.1."
"630. Plunder was carried out by HVO soldiers directly1557 or forcing prisoners to do it for them.1558 In this respect, Mladen Naletilic was giving specific orders as to the modalities of the operations.1559"
"1557. Witness U, T 2927-2928; witness GG, T 4756.
1558. Witness Sulejman Hadzisalihovic, T 1246; Witness II, T 4962; witness CC, T 4423-4426.
1559. Exhibits PP 456.1, and PP 456.2. These exhibits are reports by two different officials at the Command of the HVO 1st Military Police Battalion in Mostar, alleging that soldiers participating in the operation were "Tutas men" acting on "Tutas orders." See also witness AC, T 7907-7911, stating that his unit, the Benko Penavic ATG under the authority of Mladen Naletilic, was often divided into groups, one of which had the task to ethnically cleanse a portion of Mostar. Specific instructions were given that plunder of Muslim property was part and parcel of these cleansing operations."
