Gotovina et al Judgement Volume I - ICTY

38990August 1995 at 10:30 p.m., the Forward Command Post of OG Zadar was relocated toBenkovac. 2476562. In addition to the above, the Trial Chamber has considered evidence byKonstantin Drča (reviewed in chapters 4.3.2 (Konstantin Drča) and 4.2.7 (Parčić) andWitness 56 (reviewed in chapter 4.5.2).563. In respect of vehicles transporting items out of Benkovac and being stopped atcheck-points in the period immediately following Operation Storm, the Trial Chamberconsidered specifically the evidence of Morneau, the UNMO report of 8 August 1995,and Captain Grancarić’s reports of 8 and 10 August 1995. Based on this evidence, andthe evidence of Drča, the Trial Chamber finds that civilians and persons referred to asmilitary personnel or soldiers took a large number of household items includingtelevisions, radios, and refrigerators, and electrical and mechanical items includinggenerators, out of Benkovac, including from Drča’s house, on several days in the periodof 6 to 10 August 1995. Given Morneau’s description of some of these persons asmilitary personnel and UNMO’s description of the persons seen on 8 August 1995 assoldiers, the Trial Chamber finds that those persons wore military-type uniforms.564. The Trial Chamber further considered Theunens’s testimony regarding thepresence and tasks of the 7th Home Guard Regiment on 6 August 1995, and therelocation of the Forward Command Post of OG Zadar to Benkovac on 7 August 1995.Based on Theunens’s and Laušić’s evidence and UNMO’s report of 8 August 1995, theTrial Chamber finds that the persons in military-type uniforms who took the itemsspecified above out of Benkovac on several days in the period of 6 to 10 August 1995were members of the HV. The Trial Chamber has considered Morneau’s testimony thatprior to Operation Storm Benkovac was populated “in good part” by Croats. The TrialChamber has considered that in 1991 Benkovac consisted of 2780 Serbs out of a total of3776 persons and that significant numbers of non-Serbs left the former Sector Southbetween 1991 and 1995 (see chapter 5.1.2). Further considering the large number ofitems taken from Benkovac over a period of several days, and that items were takenfrom Drča’s house specifically, the Trial Chamber finds that at least some of the objectstaken from Benkovac were owned by Krajina Serbs. The Trial Chamber will furtherconsider these incidents in relation to Counts 1 and 4 of the Indictment in chapters 5.6.2and 5.8.2 (f) below.2476 P1113 (Reynaud Theunens, Expert Report, December 2007), p. 393.325Case No.: IT-06-90-T 15 April 2011 `