Gotovina et al Judgement Volume I - ICTY

38918Croatian military forces or Special Police took Radojka Šujica’s television on 7 August1995. The Trial Chamber will therefore further consider this incident in relation toCounts 1 and 4 of the Indictment in chapters 5.6.2 and 5.8.2 (f) below.703. The Trial Chamber has further received evidence that on 18 September 1995,three persons referred to as HV military policemen came to the home of Milan Marčetićin Mala Popina to question him, after which one of the men took some ham fromMarčetić’s basement. Based on the victim’s description of these persons as HV militarypolicemen the Trial Chamber is satisfied that they wore military-type uniforms.However, the UNCIVPOL report does not provide further details as to the factual basisfor the victim’s qualification of the perpetrators as belonging to the VP. Consequently,the Trial Chamber cannot assess whether this qualification was made on a proper factualbasis. The above evidence does not establish to which armed forces, if any, theperpetrators belonged. Nor has the Trial Chamber received sufficient evidence aboutwhich armed forces, if any, were present in or in the vicinity of Mala Popina at the time.The Trial Chamber is therefore unable to draw any conclusions regarding the identity oraffiliation of the perpetrators. Under these circumstances, the Trial Chamber will notfurther consider these incidents in relation to Counts 1 and 4 of the Indictment.Mazin704. The Trial Chamber has received relevant evidence with regard to alleged plunderin Mazin, Gračac municipality, primarily through a UNCIVPOL report. According tothe 1991 Population Census, the population of Mazin consisted of 356 Serbs out of atotal of 362 persons in 1991. 2968705. According to a UNCIVPOL incident report, dated 8 September 1995, threewomen (born 1915, 1925, and 1929) who lived together in Mazin, Gračac municipality,stated that soldiers were visiting their house several times a week and had stolen theirtelephone, radio, and all their agricultural machinery. Two military policemen alsovisited them several times, threatened to kill them, and stole their tractor. 29692967 P265 (UNCIVPOL memo, signed by Laila Malm, 20 September 1995).2968 C5 (State Bureau of Statistics Population Census of 1991, National Structure of the Population ofCroatia According to Settlement), p. 94.2969 P790 (UNCIVPOL incident report, S05-95/101, 8 September 1995).397Case No.: IT-06-90-T 15 April 2011 `