Gotovina et al Judgement Volume I - ICTY

39120mother discussed the incident prior to Mile and Milica’s testimony and thereby mayhave influenced each other to a certain extent. However, having observed thedemeanour of Mile and Milica Ðurić during their testimonies in Court, the TrialChamber finds their testimonies to be credible. In this regard, the Trial Chamber furtherconsiders that their testimonies are generally consistent with each other as well as withthe hearsay statements of Sava Ðurić’s mother relayed by Petro Romassev and in theUNCIVPOL reports. The Trial Chamber finds that two to three persons in camouflageuniforms and referred to as Croatian soldiers entered Sava ðurić’s home and forcedhim, an invalid, and his elderly mother outside. The Trial Chamber further finds thatone of the men ordered the others to shove Sava ðurić into the burning workshopadjacent to the house; one of them complied, locking the workshop’s door behind Savaðurić, as a result of which he died; and Sava ðurić’s wife and mother found his remainsin the workshop the following day.341. When assessing the identities of the perpetrators, the Trial Chamber consideredthe witnesses’ descriptions of the perpetrators as soldiers wearing camouflage uniforms.Similarly, the Trial Chamber considered that there were two to three perpetratorsdirectly involved in the incident, that one of them appeared to issue an order to theothers, and that an additional perpetrator was guarding the house. Further, the TrialChamber considered that Mile ðurić twice observed other groups of persons referred toas soldiers near the village on the same day with the same uniforms, once before andonce after the incident. Finally, the Trial Chamber considered that the perpetratorsstated they were burning houses in retribution for the Serbs’ burning of Kijevo. In thiscontext, the Trial Chamber considered the evidence that the perpetrators also wore blackski-masks inconclusive as a factor in determining whether or not these persons belongedto armed forces. For these reasons, the Trial Chamber finds that the perpetrators weremembers of Croatian military forces or Special Police. Based on the evidence of Savaðurić’s son’s Serb ethnicity, and considering the death certificate of Sava ðurić, theTrial Chamber finds that the victim was of Serb ethnicity. The Trial Chamber willfurther consider this incident in relation to Counts 1, 6, and 7 of the Indictment inChapters 5.3.2 and 5.8.2 (b) below.1420 P239 (UNCIVPOL incident report, S2-95-498, 26 August 1995).195Case No.: IT-06-90-T 15 April 2011 `