Gotovina et al Judgement Volume I - ICTY

38892Ognjenović recognized this person to be the same person who had earlier enquiredabout whether he possessed military equipment. During that same evening, Ognjenovićsaw approximately 50 persons, whom he referred to as soldiers, armed with a howitzerin Kakanj. Based on the description of these persons as soldiers, the Trial Chamberfinds that they wore military-type uniforms. The Trial Chamber further notes that HVtroops had been ordered to commence military operations in the vicinity of Kakanj on 4August 1995, and that by that evening, Serbian soldiers had left the village. Based onthis evidence, and given the high number of uniformed men and the presence of ahowitzer, the Trial Chamber finds that the 50 uniformed persons were members of theHV. Further, given the presence of the 50 HV soldiers in Kakanj on the evening of 4August 1995, and the behaviour of the ten uniformed persons who searched RadoslavOgnjenović’s house, the Trial Chamber finds that these ten persons were members ofthe HV. Accordingly, based on Radoslav Ognjenović’s recognition, the Trial Chamberfinds that the person who removed Ognjenović’s television was also a member of theHV. The Trial Chamber will further consider this incident in relation to Counts 1 and 4of the Indictment in chapters 5.6.2 and 5.8.2 (f) below.769. The Trial Chamber finds that in the evening of 4 August 1995, a person referredto as a Croatian soldier asked Radoslav Ognjenović whether he owned the haystacksbehind his house and that of Nikola Ognjenović, and that later that evening, Ognjenovićsaw the haystacks on fire. Although the Trial Chamber has not receive direct evidenceon who burnt the haystacks, it has considered that, according to Radoslav Ognjenović,at the time the only people present in Kakanj, aside from him, were ten elderly villagersand about 50 uniformed persons, whom the Trial Chamber has found were members ofthe HV. On this basis, and considering the interest shown in the haystack by one of theHV soldiers present in Kakanj on 4 August 1995, the Trial Chamber finds that one ofthese HV soldiers set the haystacks on fire. Based on the ethnical composition ofKakanj in 1991, the Trial Chamber finds that the burnt haystacks belonged to KrajinaSerbs. Therefore, the Trial Chamber will further consider this incident in relation toCounts 1 and 5 of the Indictment in chapters 5.5.2 and 5.8.2 (g) below.770. Based on the evidence of Mirko and Radoslav Ognjenović, the Trial Chamberfinds that during the evening of 5 August 1995, five to six persons described asuniformed soldiers set fire to Marko Ognjenović’s house and subsequently to at leasttwo houses and a haystack. Based on the ethnic composition of Kakanj in 1991, the423Case No.: IT-06-90-T 15 April 2011 `