Gotovina et al Judgement Volume I - ICTY

38915observed two burning houses at Palanka in Gračac municipality. 2980 On the same day,UNMO also observed ten HV soldiers with a minibus looting in Palanka. 2981712. The Trial Chamber has reviewed other relevant evidence in 4.2.7 (Zrmanja andZrmanja Vrelo).713. The evidence indicates that in or around September 1995 three persons referredto as Croatian soldiers arrived at the house of Bogdan Brkić, in the village of Palanka.These three persons slaughtered 14 of Brkić’s sheep and loaded them into a truck, alongwith 36 of his other sheep. Based on Brkić’s description of the perpetrators as soldiers,the Trial Chamber is satisfied that they wore military-type uniforms. However, theevidence does not provide further details as to the factual basis for the qualification ofthe uniformed men as Croatian soldiers. The Trial Chamber has previously found thatpersons whom Brkić had characterized as Croatian soldiers were members of the HV15th Home Guards Regiment (see chapter 4.3.7 Bogdan Brkić). In that instance Brkićalso did not provide further details as to the factual basis for his characterization, but theTrial Chamber was able to conclude that the perpetrators were members of the HVbased on the testimony of Pero Perković. In the present instance the Trial Chamber didnot receive evidence corroborating Brkić’s characterization of the perpetrators as HVmembers, and therefore cannot assess whether this qualification was made on a properfactual basis. The Trial Chamber considers that one correct identification does not implythat the witness would always correctly identify HV soldiers, as opposed to otherpersons wearing uniforms. The Trial Chamber has received no other reliable evidenceabout which armed forces, if any, the alleged perpetrators belonged to. Nor has the TrialChamber received sufficient evidence about which armed forces, if any, were present inor in the vicinity of Palanka at the time. The Trial Chamber is therefore unable to drawany conclusions regarding the identity or affiliation of the alleged perpetrators. Finally,the Trial Chamber cannot exclude that the incident may have occurred after theIndictment period. Under these circumstances, the Trial Chamber will not furtherconsider this incident in relation to Counts 1 and 4 of the Indictment.714. The evidence indicates that, on 18 August 1995 in the village of Palanka, twopersons in camouflage uniforms referred to as HV soldiers were taking goods from one2980 P67 (UNMO Team Podkonje report, 27 August 1995), para. 12; P124 (UNMO Sector South dailysituation report, 7 p.m., 20 August 1995), p. 4.2981 P67 (UNMO Team Podkonje report, 27 August 1995), para. 12.400Case No.: IT-06-90-T 15 April 2011 `