Gotovina et al Judgement Volume I - ICTY

389784.2.4 Donji Lapac municipalityBrotnja and Donji Suvaja594. The Trial Chamber has received relevant evidence with regard to alleged plunderin Brotnja and Donji Suvaja in Donji Lapac municipality through an UNMO report.595. This evidence indicates that before 8 p.m. on 9 September 1995, an unknownnumber of persons referred to as Croatian soldiers looted houses in Brotnja and DonjiSuvaja, which the Trial Chamber understands to mean they took unspecified itemsaway. Given UNMO’s description of these persons as soldiers, the Trial Chamber issatisfied that they wore military-type uniforms. However, the UNMO report does notprovide further details as to the factual basis for the qualification as Croatian.Consequently, the Trial Chamber cannot assess whether this qualification was made ona proper factual basis. The Trial Chamber has received no other reliable evidence aboutwhich armed forces, if any, the alleged perpetrators belonged to, nor any evidenceregarding which armed forces, if any, were present in or in the vicinity of Brotnja andDonji Suvaja at the time. Therefore, the Trial Chamber is unable to draw anyconclusions regarding the identity or affiliation of the alleged perpetrators. Under thesecircumstances, the Trial Chamber will not further consider this incident in relation toCounts 1 and 4 of the Indictment.Dnopolje596. The Trial Chamber has received relevant evidence with regard to alleged plunderin Dnopolje in Donji Lapac municipality through an UNMO report. According to thisreport, at 11:05 a.m. on 27 August 1995, UNMO observed two HV soldiers with a trucklooting houses in Dnopolje. 2524 The Trial Chamber understands this to mean the twopersons took unspecified items away. Based on the UNMO report’s description of thesepersons as HV soldiers, the Trial Chamber is satisfied that these persons wore militarytypeuniforms. The UNMO report does not provide further details as to the factual basisfor the qualification as HV soldiers. Consequently, the Trial Chamber cannot assesswhether this qualification was made on a proper factual basis. The above evidence doesnot establish to which armed forces, if any, the perpetrators belonged. Nor has the TrialChamber received sufficient evidence about which armed forces, if any, were present in337Case No.: IT-06-90-T 15 April 2011 `