Gotovina et al Judgement Volume I - ICTY

38908726. On 19 August 1995, UNMO saw in Zrmanja 16 houses burned and at ZrmanjaVrelo 15 houses burned, five houses looted and many dead cows. 3017727. In addition to the above evidence, the Trial Chamber has considered the evidenceof Konstantin Drča reviewed in chapter 4.2.8 (Parčić).728. Konstantin Drča’s testimony indicates that on 7 August 1995, after 7 p.m., thevillage of Zrmanja Vrelo in Gračac municipality was in flames. His testimony furtherindicates that the road to Srb was cut off by the HV at Zrmanja Vrelo and that threetanks carrying the checkerboard insignia and a number of trucks with HV licence platesdrove towards Gračac. There is insufficient evidence as to the circumstances underwhich or by whom the houses were set on fire.729. Gojanović’s testimony indicates that on the same date, he and fellow HV soldiersarrived in Zrmanja, Gračac municipality. Gojanović’s testimony further indicates that heleft Zrmanja at about 2-4 p.m. on 7 August 1995, and that at that time some houses werepartly looted and damaged, and the main store broken into, but that the village had notbeen burnt down. The evidence referenced is not sufficient to establish under whichcircumstances and by whom some houses and the main store in Zrmanja were damagedand looted before 2-4 p.m. on 7 August 1995. Under these circumstances, the TrialChamber will not further consider these incidents in Zrmanja and Zrmanja Vrelo on 7August 1995 in relation to Counts 1, 4, and 5 of the Indictment.730. The evidence indicates that on 15 August 1995, at about 3:30 p.m., nine houseswere burning in Zrmanja Vrelo while men in military uniform were present in the samearea close to the burning houses. When a UNMO patrol attempted to approach the area,other uniformed men prevented it from doing so. Based on this evidence, the TrialChamber is satisfied that the uniformed persons in the area close to the burning housesset them alight. However, the above evidence does not establish to which armed forces,if any, the perpetrators belonged. Nor has the Trial Chamber received sufficientevidence about which armed forces, if any, were present in or in the vicinity of ZrmanjaVrelo at that time. The Trial Chamber is therefore unable to draw any conclusionsregarding the identity or affiliation of the perpetrators. Under these circumstances, theTrial Chamber will not further consider this incident in relation to Counts 1 and 5 of theIndictment.3017 P67 (UNMO Team Podkonje Report, 27 August 1995), para. 11.407Case No.: IT-06-90-T 15 April 2011 `