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Gotovina et al Judgement Volume I - ICTY

Gotovina et al Judgement Volume I - ICTY

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38985not provide further d<strong>et</strong>ails as to the factu<strong>al</strong> basis for the person’s qu<strong>al</strong>ification asCroatian. Consequently, the Tri<strong>al</strong> Chamber cannot assess wh<strong>et</strong>her the qu<strong>al</strong>ification ofthe person as a Croatian soldier was made on a proper factu<strong>al</strong> basis. In this respect, theTri<strong>al</strong> Chamber <strong>al</strong>so notes that the person referred to as a soldier was travelling in acivilian car. There is evidence indicating that the HV 134th Home Guard regiment wasordered to deploy part of the unit in the Benkovačko Selo area on 16 August 1995 andthat the regiment in fact was deployed there on 1 September 1995. This evidence doesnot indicate when the unit was deployed in the Benkovačko Selo area, which is at adistance of about three kilom<strong>et</strong>res from Stegnjajići. The Tri<strong>al</strong> Chamber has received noother reliable evidence about which armed forces, if any, the <strong>al</strong>leged perp<strong>et</strong>ratorsbelonged to, including about which armed forces, if any, were present in or in thevicinity of Stegnjajići at the time. Considering <strong>al</strong>l of the above, the Tri<strong>al</strong> Chamber istherefore unable to draw any conclusions regarding the identity or affiliation of theperp<strong>et</strong>rators. Under these circumstances, the Tri<strong>al</strong> Chamber will not further considertheses incidents in relation to Counts 1 and 5 of the Indictment.4.2.3 Civljane municip<strong>al</strong>ityC<strong>et</strong>ina574. The Tri<strong>al</strong> Chamber has received relevant evidence with regard to <strong>al</strong>legeddestruction and plunder in C<strong>et</strong>ina in Civljane municip<strong>al</strong>ity primarily through th<strong>et</strong>estimonies of Roland Dangerfield, Alun Roberts, and various UNMO reports.According to the 1991 Population Census, the population of C<strong>et</strong>ina consisted of 793Serbs out of a tot<strong>al</strong> of 853 persons in 1991. 2491575. Roland Dangerfield, a British army sector liaison officer stationed in Knin inAugust 1995, 2492 testified that in the week following the attack on Knin in August 1995he went to the village of C<strong>et</strong>ina where he saw looting and burning. 2493 Dangerfieldtestified that he saw a truckload of soldiers enter the village firing weapons into the2490 P124 (UNMO Sector South daily situation report, 7 p.m., 20 August 1995), p. 3.2491 C5 (State Bureau of Statistics Population Census of 1991, Nation<strong>al</strong> Structure of the Population ofCroatia According to S<strong>et</strong>tlement), p. 110.2492 P695 (Roland Dangerfield, witness statement, 21 December 1995), paras 1-2; Roland Dangerfield, T.7132.2493 Roland Dangerfield, T. 7161-7162, 7279-7282; P699 (The F<strong>al</strong>l of the Republic of Serb Krajina,authored by Roland Dangerfield, undated), p. 6.330Case No.: IT-06-90-T 15 April 2011 `

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