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Gotovina et al Judgement Volume I - ICTY

Gotovina et al Judgement Volume I - ICTY

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38818that the Municip<strong>al</strong> Court in Knin convicted them of aggravated theft, and that there is noindication in the evidence that this judgement did not become fin<strong>al</strong> under Croatian law.Fin<strong>al</strong>ly, based on the evidence of Elleby, the Tri<strong>al</strong> Chamber finds that on 6 September1995 four HV soldiers wearing insignia took the car of Elleby’s landlady in Knin. Theevidence does not establish wh<strong>et</strong>her the objects that were taken were owned by KrajinaSerbs.926. The Tri<strong>al</strong> Chamber further finds, based on evidence from Boucher, that on 11August 1995 persons referred to as Croatian police were taking radios and TVs fromresidences in Knin. Based on the witness’s description of these persons as Croatianpolice, the Tri<strong>al</strong> Chamber finds that they wore police-type uniforms. Considering theTri<strong>al</strong> Chamber’s finding above that Croatian civilian police had arrived in Knin prior to11 August 1995, the Tri<strong>al</strong> Chamber finds that the persons observed by Boucher weremembers of the Croatian civilian police. The evidence does not establish wh<strong>et</strong>her theobjects that were taken were owned by Krajina Serbs.927. The Tri<strong>al</strong> Chamber now turns to evidence of destruction in Knin b<strong>et</strong>ween 9August and the end of September 1995. The evidence indicates that buildings wereburning in Knin on sever<strong>al</strong> days during the period under consideration, including 12, 13,17, 23, and 24 August, as well as 1, 5, 6, 10 and 19 September 1995. However, theevidence does not establish how the fires started. Tchern<strong>et</strong>sky testified that one dayb<strong>et</strong>ween 10 and 16 August 1995 he and Munkelien observed burning houses surroundedby soldiers, police officers, and sever<strong>al</strong> firemen and fire engines, none of whom weredoing anything to extinguish the fire. This evidence is not corroborated by Munkelien,and in any event does not establish that these persons s<strong>et</strong> fire to the houses. VP DutyLog P886 contains a somewhat similar story, dated 5 September 1995, according towhich the Knin police station had reported that HV members were not <strong>al</strong>lowing firemento extinguish a fire. However, according to the Duty Log, the HV members were notfound. According to HRAT report P35, on 10 September 1995 HRAT went toinvestigate a burning house in Knin, and m<strong>et</strong> an angry Croatian soldier who said theSerb owners were only g<strong>et</strong>ting the kind of treatment they had given to Croats. In <strong>al</strong>l ofthese cases, there is insufficient evidence as to the circumstances under which thebuildings caught fire.497Case No.: IT-06-90-T 15 April 2011 `

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