Gotovina et al Judgement Volume I - ICTY

38948Based on the UNMO’s description of four of these individuals as soldiers, the TrialChamber is satisfied that they wore military-type uniforms. The Trial Chamber notesthat two of these persons in uniform were seen together with two civilians. The aboveevidence does not establish to which armed forces, if any, the alleged perpetratorsbelonged. The Trial Chamber has not received sufficient evidence about which armedforces, if any, were present in or in the vicinity of Miočić at the time. The TrialChamber is therefore unable to draw any conclusions regarding the identity or affiliationof the four persons in uniform. Under these circumstances, the Trial Chamber will notfurther consider this incident in relation to Counts 1 and 4 of the Indictment.4.2.6 Ervenik municipalityErvenik town648. The Trial Chamber has received relevant evidence with regard to the allegeddestruction in Ervenik town primarily through the testimony of Rajko Guša. Accordingto the 1991 Population Census, the population of Ervenik town consisted of 1,526 Serbsout of a total of 1,570 persons in 1991. 2764649. Rajko Guša, a Serb from the village of Zemunik Gornji in Zadarmunicipality, 2765 testified that for several days around 10 August 1995, he and RnjakSlavko walked from the municipality of Benkovac to the municipality of Ervenik. Thepresence of the HV throughout the entire area required them to travel through the forestto avoid being discovered. 2766 Once they arrived, they hid in the forest on the mountainof Zmistak, which is south-west of Ervenik and north of Kistanje. 2767 While there, Gušamet a Serb man by the name of Jovo Subotić, who lived nearby. 2768 Subotić told Gušaand Slavko that if they went to his parents’ home, they would be given food. 2769 At thehouse, Guša and Slavko met Todor and Marta Subotić who gave them food and blanketsbut told them that there were a lot of soldiers in the area, so they could not stay in thehouse. After returning to the forest, Guša and Slavko were joined by Jovo Subotić andhis twelve-year-old son, Damir, who were also afraid of the Croatian soldiers and felt2764 C5 (Population census 1991, 31 March 1991), p. 110.2765 P959 (Rajko Guša, witness statement, 28 May 1997), para. 1.2766 P960 (Rajko Guša, witness statement, 19 February 2008), para. 5.2767 P960 (Rajko Guša, witness statement, 19 February 2008), para. 6.2768 P959 (Rajko Guša, witness statement, 28 May 1997), para. 16; D827 (Zadar-Knin Police interview,11 October 1995), p. 5.367Case No.: IT-06-90-T 15 April 2011 `