Gotovina et al Judgement Volume I - ICTY

38819landlady’s car. 3725 HRAT reported that on 10 September 1995 HRAT went toinvestigate a burning house 500 metres from the UN compound in Knin, and met anangry Croatian soldier who said the Serb owners were only getting the kind of treatmentthey had given to Croats. 3726 At 8:20 a.m. on 19 September 1995, UNMO observed aburning house in Knin. 3727925. The evidence above indicates that by the beginning of the period underconsideration, 9 August to the end of September 1995, more civilians were arriving inKnin, and that some of them were taking items away from buildings in Knin. Theevidence further indicates that many HV soldiers had left or were in the process ofleaving Knin by 9 August 1995. However, the Trial Chamber finds, on the basis of theevidence of Hill, Flynn, Gotovina’s reports D990, D282 and P2566, ECMM reportsP935 and P944, SIS report D984, HRAT report P27, and P2608, that members of theHV, in particular of the 4th Guards Brigade, remained in Knin throughout August and atleast into early September 1995. Based on the evidence of Witness 136 that on 10August 1995 she observed soldiers looting houses in Knin, the Trial Chamber finds thatpersons referred to as soldiers took unspecificed items away from houses in Knin. TheTrial Chamber further finds, based on the evidence of Elleby, that on 16 August 1995on the main street of Knin one person referred to as a soldier was carrying a stereo outof an apartment, and other persons referred to as soldiers were filling plastic bags withshampoo, oil, and snacks. Based on the witnesses’ descriptions of these persons assoldiers, the Trial Chamber is satisfied that they wore military-type uniforms. The TrialChamber finds, on the basis in particular of the evidence of Džolić and P886, that theVP was in Knin throughout the period under consideration. Considering also the TrialChamber’s finding above that HV members were still in Knin throughout August 1995,the Trial Chamber finds that the persons in military-type uniforms were members of theHV or VP. On the basis of P2608, and considering P886 and D1068, the Trial Chamberfurther finds that on 31 August 1995 two members of the HV took, for their personalgain, a large number of items (listed on page 5 of P2608) from one or more houses inKnin, loaded them onto a truck and drove away. The Trial Chamber notes in this regard3725 P215 (Jan Elleby, witness statement, 14 September 1997), p. 3; P216 (Jan Elleby, witness statement,10 October 2005), p. 4; P217 (Jan Elleby, witness statement, 20 February 2008), para. 17; Jan Elleby, T.3372-3373, 3491-3492; P281 (Insignia of the Puma brigade).3726 P21 (Edward Flynn, witness statement, 26-27 February 2008), para. 34; P35 (HRAT daily report, 8-11 September 1995), p. 2.3727 P154 (UNMO Sector South daily situation report, 8 p.m., 19 September 1995), p. 4.496Case No.: IT-06-90-T 15 April 2011 `