Gotovina et al Judgement Volume I - ICTY

38871819. Considering that the population of Kistanje was almost completely Serb in 1991,the Trial Chamber finds that a vast majority, if not all, of the objects that it found aboveto be burnt or taken by HV soldiers were owned or inhabited by Krajina Serbs. TheTrial Chamber will further consider the mentioned incidents of 6 August 1995 inrelation to Counts 1, 4, and 5 of the Indictment in chapters 5.5.2, 5.6.2, and 5.8.2 (f) and(g) below.820. The Trial Chamber will now turn to the events in Kistanje in the period from 7until and including 12 August 1995.821. With regard to the truck loaded with goods on which Perković, a member of theHV 15th Home Guards Regiment, got a ride back to his home in Vodice on 7 August1995, the Trial Chamber notes that although Perković did not specify the identity of thepersons on the truck, he was told that they were addressed by a passing HV general assoldiers. Based on this evidence, the Trial Chamber finds that at least some of thepersons on the truck were members of Croatian military forces. The Trial Chambernotes that Perković testified that he had not seen whether and where the persons hadtaken the items on the truck from. In view of the type of goods taken (mostly electronicgoods, a cement mixer, or a TV set) and the circumstances, the Trial Chamber acceptsthat the persons took the goods. As the evidence does not show from where the personstook the items, it does not establish whether the objects that were taken were owned byKrajina Serbs. The Trial Chamber will further consider this incident in relation toCounts 1 and 4 of the Indictment in chapters 5.6.2 and 5.8.2 (f) below.822. Considering the evidence of Berikoff, Hill, and Dangerfield, the Trial Chamberfinds that on 9 August 1995 in Kistanje a large number of buildings were burning orburnt. The Trial Chamber further finds, based on Berikoff’s evidence, thatapproximately 25-30 persons referred to as HV soldiers wearing camouflage movedfrom house to house or directed traffic around parked vehicles, and that each housewent up in flames a few minutes after they left it. The Trial Chamber also considersDangerfield’s observations that there were no signs of damage from tank or artillery fireto the buildings in Kistanje. Based on this evidence, the Trial Chamber finds that thepersons wearing camouflage set the houses alight, but is unable to verify the factualbasis for this qualification as HV soldiers. However, the Trial Chamber recalls theevidence underlying its finding with regard to 6 August 1995, and that some of thisevidence speak of the capturing of that area by the HV on that day and of further HV444Case No.: IT-06-90-T 15 April 2011 `