Gotovina et al Judgement Volume I - ICTY

39279different uniforms in the Krajina. 138 Where a victim, witness or other observer providedevidence of “HV soldiers”, “Croatian soldiers” or similar general qualifications, theTrial Chamber was satisfied that this qualification was based at least on the factualobservation of a person wearing a military-type uniform. 139 In the absence of indicationsof a factual basis for a given general qualification, the Trial Chamber did not rely on thequalification without further corroboration. However, if the evidence establishedspecialized knowledge in recognizing and distinguishing different units, the TrialChamber did not necessarily require evidence of a further factual basis for a givenqualification.67. When victims, witnesses or other observers reported a qualification with a highdegree of specificity (e.g. by identifying the unit of the alleged perpetrators), the TrialChamber inferred that this specificity either must have been based on what the personobserved or that the person giving the qualification possessed specialized knowledge inthis respect. Consequently, the Trial Chamber did rely on such qualifications.68. In relation to assessing the evidence under Count 4, the Trial Chamber wasmindful that objects taken away in 1995 may have been looted from expelled Croats in1991, thus possibly not being owned by Krajina Serbs. However, this alternativeexplanation could not be made sufficiently plausible by the presented evidence, 140leading the Trial Chamber to conclude beyond a reasonable doubt that objects generallywere owned by the person(s) in whose house(s) they were located.138 See e.g. T. 2543, 3370-3371, 4717-4718, 4720, 5440, 8201-8202, 9734-9735.139 The Trial Chamber employed a similar reasoning for the qualification of “policemen”.140 See for a general account of this scenario: D1842 (Joško Morić, witness interview, 17 January 2004),pp. 185-187, 206-208; Joško Morić, T. 25613-25614, 25646, 25670-25671, 25692-25693, 25708-25709,25927.36Case No.: IT-06-90-T 15 April 2011 `