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Humanitarian Law Centerstreet, and defendant Saša Cvjetan, coming out of the house and into thestreet, and together with other members of the Scorpions unit and a groupof women and children of the Bogujevci family entered the courtyard of anotherAlbanian family where the group of women and children had beenreturned from the street. And then, in this courtyard, there was a group, alltold, of 19 persons, 12 children and seven women.Several members of the Scorpions unit shot at this group, including defendantSaša Cvjetan, using their automatic rifles. With the bullets fired fromtheir automatic rifles, shooting at the women and children lined up alongthe wall, defendant Saša Cvjetan and some other members of the Scorpionsunit took the life of seven women and seven children, five children survived,albeit suffering serious bodily injuries. Shooting from an automaticrifle, simultaneously with a number of other persons shooting at the sametime, defendant Saša Cvjetan showed his intention to take the life of thosepersons. In view of his military training, familiarity with the firearms he wasissued with, the defendant knew that, if he were to shoot at a group of peoplefrom a short distance, and with some other persons doing the same,this would certainly result in the death of those persons.Defendant Saša Cvjetan, it is obvious, intended for this to happen when heshot at unarmed group of women and children who, before that, had offeredno resistance, nor given any cause to be shot at and wounded. Theshooting from a firearm caused the death of 14 persons and serious injuriesto five persons, realising objective and subjective characteristics of thecrime of murder.The objective circumstances surrounding this crime have determined itsclassification in accordance with Article 142, Paragraph 1, of the CriminalCode of the Federal Republic of Yugoslavia. The crime was committed intime of war and armed conflict, which makes it a war crime as shown bythe indictment against them.His order whereby he was directed to certain houses to look for accommodation,the defendant, together with other members of his unit, had usedas a pretext to order the civilians of Albanian nationality to leave their houses,to search the people and the houses they had left. The fact that it wasthe civilians of Albanian nationality who had been driven out of their hous-316

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