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Podujevo 1999 – Beyond Reasonable Doubtwere walking. The first instance Court gave the detailed Goran Stoparić’sstatement on page 32 paragraph 3 and pages 33 and 34 paragraph 1 inwhich he confirmed, just like the witnesses-injured parties, the childrenfrom the Bogujevci family said, that defendant Cvjetan Saša was present atthe scene. The Court evaluated this statement and paid special attentionto the corrections he made in his testimony during the course of the trial,as well as the reasons for accepting the statement this witness gave in themain hearing on 10 December 2003.The identity of the killed people was determined on the basis of the witnesses-injuredparties’ statements (juvenile children from Bogujevci family),witnesses Safet and Selatin Bogujevci and Enver Duriqi, and writtendocuments from the case file. Witnesses Nebojša Maljević and ZoranSimović stated that they heard that a mass murder of civilians happenedon 28 March 1999 and witness Spasoje Vuletić said he went inside the yardand saw a pile of corpses, among which there were some who were stillgiving signs of life. Witness Dr. Dragan Marković confirmed this, after heheard a longer burst of gunfire, he went inside the yard and found severalpersons lying there with fresh gunshot wounds. ‘I separated the persons,who were still alive, and started providing first aid for the persons, whowere still showing signs of life.’It was determined from the record made during the investigation of thescene that 14 bodies were found in the yard, mostly women and children,and one older man and that bullets cases were found, which were determinedin the ballistic expertise to be 7.62 mm bullets for an automatic rifleknown as AK 47.After the bodies were exhumed, the autopsy was carried out on eight bodiesincluded in the appealed verdict (their names are listed on page 37 inthe last line and page 38 in the first line) and it was determined that thecause of death in these cases were multiple wounds inflicted by a firearm.Since the families of other victims did not let the bodies be re-exhumed orautopsied again and the cause of death for other persons was determinedbased on the statements given by eyewitnesses and written documentation,the first instance Court properly assesses that the repeated exhumationand autopsy of the bodies, whose families did not approve of this,would not be necessary for determining factual background.347

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