Gotovina et al Judgement Volume I - ICTY

39062that the persons who detained the approximately 20 persons in the basement and killedthe five men were members of the HV.434. Stevo Večerina had been a member of the SVK. Based on the informationprovided in the Zagreb Forensic Institute reports, the Trial Chamber finds that StevoVečerina, Stevan Baljak, Mile Gnjatović, ðuro Mačak, and Momčilo Tišma were ofSerb ethnicity. Furthermore, based on the evidence of Marija Večerina, Zdravko Bunčićand Dušan Torbica, as well as P654 and D52, the Trial Chamber finds that the followingpersons also were of Serb ethnicity: Marija Večerina, Zdravko Bunčić, Mira and BrankaVečerina, Rajko Mutić, Jovo and Milka Berić, Dušan and DaraTorbica, LazoKovačević, and Ilija Perić were of Serb ethnicity. The Trial Chamber will furtherconsider this incident in relation to Counts 1, 6, and 7 of the Indictment in chapters 5.3.2and 5.8.2 below.435. The evidence indicates that on the morning of 6 August 1995, at the same housewhere the five men mentioned above were held, in or near Očestovo, a number ofpersons referred to as soldiers searched an unidentified, uniformed man from Benkovac,after which one of the men said “take him there and cut his balls off”. Later thatmorning, persons referred to as soldiers dragged the man from Benkovac about 100metres down the road, after which Zdravko Bunčić heard machine gunfire and thesoldiers returned without the man from Benkovac. The evidence with regard to theunidentified man and the similarity with the circumstances of the five men mentionedabove strongly indicate that the unidentified man has been killed. However, the TrialChamber is unable to verify this because there is no evidence on his body being foundand, as the man remains unidentified, no testimony from his relatives. Under thesecircumstances, the Trial Chamber will not further consider this incident in relation toCounts 1, 6, and 7 of the Indictment.Sava Šolaja (Further Clarification no. 155)436. The Trial Chamber has received relevant evidence with regard to the allegedmurder of Sava Šolaja primarily through the testimony of Maria Teresa Mauro and anHRAT report. In addition, the Trial Chamber has received relevant evidence with regardto alleged destruction and plunder in Očestovo in Knin municipality primarily throughthe testimony of Peter Marti and ECMM reports. According to the 1991 Population253Case No.: IT-06-90-T 15 April 2011 `