12.07.2015 Views

Gotovina et al Judgement Volume I - ICTY

Gotovina et al Judgement Volume I - ICTY

Gotovina et al Judgement Volume I - ICTY

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

38941Chamber will not further consider this incident in relation to Counts 1 and 4 of theIndictment.666. The evidence indicates that on 19 and 26 September 1995, in Mokro Polje,persons in uniform were taking unspecified items away tog<strong>et</strong>her with persons in civilianclothes, and that on both occasions they used civilian vehicles. According to an UNMOreport, on 19 September 1995 the uniformed persons removing items tog<strong>et</strong>her with thecivilians wore HV uniforms. Furthermore, another UNMO report indicates that on 27September 1995, Serbs living in the area of Mokro Polje reported that HV soldiers wereharassing them and removing items from the area. Based on the description of thesepersons as HV soldiers, the Tri<strong>al</strong> Chamber is satisfied that the persons wore militarytypeuniforms. However, in neither instance do the UNMO reports provide furtherd<strong>et</strong>ails as to the factu<strong>al</strong> basis for the qu<strong>al</strong>ification of the <strong>al</strong>leged perp<strong>et</strong>rators as HVsoldiers. Consequently, the Tri<strong>al</strong> Chamber cannot assess wh<strong>et</strong>her this qu<strong>al</strong>ification wasmade on a proper factu<strong>al</strong> basis. The above evidence therefore does not establish towhich armed forces, if any, the <strong>al</strong>leged perp<strong>et</strong>rators belonged. Nor has the Tri<strong>al</strong>Chamber received sufficient evidence about which armed forces, if any, were present inor in the vicinity of Mokro Polje at the time. The Tri<strong>al</strong> Chamber is therefore unable todraw any conclusions regarding the identity or affiliation of the <strong>al</strong>leged perp<strong>et</strong>rators.Under these circumstances, the Tri<strong>al</strong> Chamber will not further consider these incidentsin relation to Counts 1 and 4 of the Indictment.4.2.7 Gračac municip<strong>al</strong>ityGlogovo667. The Tri<strong>al</strong> Chamber has received relevant evidence with regard to <strong>al</strong>leged plunderin Glogovo, Gračac municip<strong>al</strong>ity, through a UNCIVPOL report. According to thisreport, dated 2 October 1995, Milan Cvj<strong>et</strong>ković in Glogovo, Gračac municip<strong>al</strong>ity,informed UNCIVPOL that about 15 days earlier two soldiers dressed in Croatianmilitary uniforms had come to his house and had stolen his tractor and four horses.These soldiers were approximately 20-25 years old and traveled in a white Volkswagenvehicle with no registration plates. He had reported the theft to the police who arrivedshortly after the incident and they had assured him that he would g<strong>et</strong> his tractor back as374Case No.: IT-06-90-T 15 April 2011 `

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!