Gotovina et al Judgement Volume I - ICTY

38955this qualification was made on a proper factual basis. In relation to the personsdescribed as wearing grey cover-all uniforms, this description likewise offersinsufficient evidence to conclude the affiliation of the perpetrators, if any. Consideringthe above-mentioned ethnic composition of Donji Lapac, the Trial Chamber finds thatthe vast majority of the unspecified objects taken and houses burned were owned orinhabited by Krajina Serbs. The Trial Chamber will further consider the burning andremoval of property committed by HV members on 11 August 1995 in relation toCounts 1, 4, and 5 of the Indictment in chapters 5.5.2, 5.6.2, and 5.8.2 (f) and (g) below.628. UNMO report P129 indicates that on 27 August 1995 one house was burning inDonji Lapac. Evidence from Witness 136 and Liborius indicates that a large number ofhouses were burning in Donji Lapac on 18 and 28 August 1995, and that on 1September 1995 there was still occasional burning of houses and haystacks. Theevidence from Liborius also indicates that, on 1 September 1995, there were manypersons referred to as HV or police in the area. However, the Trial Chamber did notreceive, in relation to these incidents, sufficient evidence as to the circumstances underwhich or by whom the buildings were set on fire. Under these circumstances, the TrialChamber will not further consider these incidents in relation to Counts 1 and 5 of theIndictment.Mandić Dol629. The Trial Chamber has received evidence with regard to alleged plunder inMandić Dol in Donji Lapac municipality through an UNMO report. At 11:20 a.m. on 27August 1995, UNMO observed two HV soldiers with a van looting houses in MandićDol. 2735630. The evidence indicates that at 11:20 a.m. on 27 August 1995, two persons with avan, referred to as HV soldiers, looted houses in Mandić Dol, in Donji Lapacmunicipality. Given UNMO’s description of these persons as Croatian soldiers, theTrial Chamber is satisfied they wore military-type uniforms. However, the report doesnot provide further details as to the factual basis for their qualification as Croatian.Consequently, the Trial Chamber cannot assess whether this qualification was made ona proper factual basis. Nor has the Trial Chamber received sufficient evidence about2735 P129 (UNMO Sector South daily situation report, 7 p.m., 27 August 1995), p. 3.360Case No.: IT-06-90-T 15 April 2011 `