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Gotovina et al Judgement Volume I - ICTY

Gotovina et al Judgement Volume I - ICTY

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38867therefore finds that these persons were members of Croatian military forces. For <strong>al</strong>lthese cases except for the one of 31 August 1995 mentioned above, the evidence doesnot show from where the persons took the items, and therefore does not establishwh<strong>et</strong>her the objects that were taken were owned by Krajina Serbs. For the latter cas<strong>et</strong>hat reports of HV members taking items in Kistanje, the Tri<strong>al</strong> Chamber considers the1991 population census in relation to Kistanje as referred to above, and finds that thevast majority if not <strong>al</strong>l of these items taken from Kistanje were owned by Krajina Serbs.The Tri<strong>al</strong> Chamber will further consider these incidents in relation to Counts 1 and 4 ofthe Indictment in chapters 5.6.2 and 5.8.2 (f) below.Korde834. The Tri<strong>al</strong> Chamber has received relevant evidence with regard to <strong>al</strong>legeddestruction in Korde in Kistanje municip<strong>al</strong>ity through an ECMM report. According tothis report, ECMM observed in Korde at 10:05 a.m. on 11 September 1995 two houseson fire and a military truck without license plates coming from the direction of thehaml<strong>et</strong>. 3288835. The evidence indicates that in the morning of 11 September 1995 two houseswere burning in Korde while a military truck was coming from the direction of thehaml<strong>et</strong>. The Tri<strong>al</strong> Chamber cannot draw any inference from the sole circumstance thatthe truck was seen coming from the direction of Korde while the two houses wereburning. The Tri<strong>al</strong> Chamber has not received any other evidence indicating when, bywhom and under which circumstances the houses were s<strong>et</strong> <strong>al</strong>ight. Therefore, the Tri<strong>al</strong>Chamber will not further consider this incident in relation to Counts 1 and 5 of theIndictment.Parčić836. The Tri<strong>al</strong> Chamber has received relevant evidence with regard to <strong>al</strong>legeddestruction and plunder in Parčić in Kistanje municip<strong>al</strong>ity primarily through th<strong>et</strong>estimony of Konstantin Drča.3288 P950 (ECMM Team Knin daily report, 11 September 1995), p. 1.448Case No.: IT-06-90-T 15 April 2011 `

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