Gotovina et al Judgement Volume I - ICTY

38952night for no particular reason. 2752 While in Donji Srb, Gojanović testified that he sawsoldiers looting items and taking them away to Šibenik in private vehicles, militaryvehicles, and civilian buses that Gojanović testified had been commandeered by themilitary to transport troops. 2753 Gojanović recalled that on one occasion, CommanderKotlar visited the area of Donji Srb and shouted at the soldiers not to torch or lootproperty. 2754 Gojanović testified that on this occasion, neither looting nor the settingalight of houses could have been observed from the spot where Commander Kotlaraddressed the soldiers. 2755 However, since there was smoke in the area, one couldconclude that certain buildings were burning at the time. 2756636. In addition, the Trial Chamber has also considered D559 reviewed in Chapter3.1.1 and P2349 reviewed in chapter 4.2.8 (Gošić).637. After having cautiously reviewed Gojanović’s evidence and considering that it ispartially corroborated by P2349, the Trial Chamber finds that Vladimir Gojanović, anHV soldier, and his unit were present in Donji Srb from the evening of 8 August 1995for two to four days. During this time, persons referred to as soldiers took items away inprivate and military vehicles and civilian buses. Based on the witness’s description ofthese persons as soldiers, the Trial Chamber is satisfied the persons wore military-typeuniforms. Considering that the persons referred to utilised, among others, militaryvehicles, that HV troops were billeted in the village at that time, and that the number ofvehicles used implies that a significant number of persons were involved, the Chamberfinds that they were members of Croatian military forces or Special Police. Accordingto the 1991 Population Census, the population of Srb (Donji Srb and Gornji Srb) wasalmost entirely Serb, therefore the Trial Chamber finds that a vast majority if not all ofthe property taken away was owned by Krajina Serbs. Therefore, the Trial Chamber willfurther consider these incidents in relation to Counts 1 and 4 of the Indictment inchapters 5.6.2 and 5.8.2 (f) below.638. According to John Hill, on 10 August 1995, persons looted houses in Srb whichthe Trial Chamber understands to mean they took unspecified items away. The evidence2752 P194 (Vladimir Gojanović, witness statement, 20 January 2005), paras 18-19.2753 P194 (Vladimir Gojanović, witness statement, 20 January 2005), para. 20; Vladimir Gojanović, T.2967-2969.2754 P194 (Vladimir Gojanović, witness statement, 20 January 2005), para. 20; Vladimir Gojanović, T.3062.2755 Vladimir Gojanović, T. 2975.2756 Vladimir Gojanović, T. 2967-2968, 2975.363Case No.: IT-06-90-T 15 April 2011 `