Gotovina et al Judgement Volume I - ICTY

39051forensic evidence, the Trial Chamber finds that Ilija Šarac was killed between 5 and 11August 1995.458. Considering that Ilija Šarac was last seen by Ružica Šarac on 5 August 1995 inthe custody of persons referred to as HV troops, and that his body was found on 11August 1995 in the Knin cemetery, the Trial Chamber finds that Ilija Šarac was killedby the persons who held him in their custody. The Trial Chamber excludes as areasonable interpretation of the evidence any alternative scenarios, including that IlijaŠarac was released after he was taken behind the house and subsequently was shot andkilled by unknown persons. Based on Ružica Šarac’s description of the men as HVtroops, the Trial Chamber finds that they wore military-type uniforms. Considering thatthe persons who took Ilija Šarac stated they were from Varaždin and that these personsheld Ilija Šarac in a house, where persons wearing uniforms with black scarves orheadbands were present and at least ten persons were being held, the Trial Chamberfinds that these persons were members of Croatian military forces or Special Police. Inthis respect, the Trial Chamber has further considered the evidence underlying itsfindings with regard to Scheduled Killing number 1.459. The Trial Chamber further finds that Ružica Šarac, her children, her mother-inlaw,and about ten others, were kept in a room of a house in or near Kovačić by personsthat the Trial Chamber has found were members of Croatian military forces or SpecialPolice. Based on the report on the circumstances of death, dated 22 February 2005, andRužica Šarac’s testimony, the Trial Chamber finds that Ilija Šarac, Ružica Šarac, andtheir children were of Serb ethnicity, The evidence is insufficient to establish theethnicity of the other persons kept in the room. The Trial Chamber will further considerthis incident in relation to Counts 1, 6, and 7 of the Indictment, in chapters 5.3.2 and5.8.2 below.Mile and Ilija Milivojević (Further Clarification nos 162-163)460. The Trial Chamber has received evidence with regard to the alleged murder ofMile and Ilija Milivojević primarily through the testimonies of Witness 136, AlexanderTchernetsky, Edward Flynn, Alun Roberts, and through forensic documentation.264Case No.: IT-06-90-T 15 April 2011 `