Gotovina et al Judgement Volume I - ICTY

38914house. The evidence further indicates that on 20 August 1995 in Palanka, ten personsreferred to as HV soldiers were looting with a minibus, which the Chamber understandsto mean that they were taking unspecified items away. Based on the description of theperpetrators as soldiers, the Trial Chamber is satisfied that they wore military-typeuniforms. However, the evidence does not, in either case, provide further details as tothe factual basis for the qualification of the perpetrators as HV soldiers. Consequently,the Trial Chamber cannot assess whether this qualification was made on a proper factualbasis. Therefore, the above evidence does not establish to which armed forces, if any,the alleged perpetrators belonged. Nor has the Trial Chamber received sufficientevidence about which armed forces, if any, were present in or in the vicinity of Palankaat the time. The Trial Chamber is therefore unable to draw any conclusions regardingthe identity or affiliation of the alleged perpetrators. Under these circumstances, theTrial Chamber will not further consider this incident in relation to Counts 1 and 4 of theIndictment.715. The evidence indicates that at least four houses and three haystacks were burnt inPalanka on 12 August 1995. The evidence further indicates that on 18 August 1995there were twenty burnt houses in Palanka, on 19 August 1995 almost everything wasburnt, and that two houses were burning on 20 August 1995. As mentioned above, theevidence indicates the presence of persons referred to as HV soldiers in Palanka on 18and 20 August 1995. However, the evidence does not establish how and by whom thesehaystacks and houses were burnt. Under these circumstances, the Trial Chamber willnot further consider these incidents in relation to counts 1 and 5 of the Indictment.Velika Popina716. The Trial Chamber has received relevant evidence with regard to allegeddestruction in Velika Popina in Gračac municipality primarily through the testimony ofSteenbergen and UNMO reports. The evidence of Steenbergen is reviewed in chapter4.2.7 (Gračac town). In addition, the Trial Chamber has considered evidence ofMunkelien reviewed in chapter 4.2.7 (Zrmanja and Zrmanja Vrelo), Edward Flynnreviewed in chapter 5.2.2, and P265 reviewed in chapter 4.2.7 (Mala Popina). The TrialChamber has further considered a report to, among others, the Split MD dated 23August 1995, according to which Commander Colonel Josip Čerina of the 134th HomeGuard Regiment stated that at dawn on 18 August 1995, Čerina’s regiment deployed401Case No.: IT-06-90-T 15 April 2011 `