Gotovina et al Judgement Volume I - ICTY

38811basis for the qualification of the alleged perpetrators as belonging to the HV.Consequently, the Trial Chamber cannot assess whether this qualification was made ona proper factual basis. The Trial Chamber has received no other reliable evidence aboutwhich armed forces, if any, the alleged perpetrators belonged to. Nor has the TrialChamber received sufficient evidence about which armed forces, if any, were present inor in the vicinity of Torbice at the time. The Trial Chamber is therefore unable to drawany conclusions regarding the identity or affiliation of the alleged perpetrators.951. Furthermore, the Trial Chamber has not received sufficient evidence regardingthe circumstances under which houses burnt down and items were allegedly looted inthe Plavno Valley on 21 August and in Plavno on 24 August 1995.952. The Trial Chamber considers Eric Hendriks’s account of destruction and allegedlooting in Plavno Valley on 29 August 1995 to refer to the same incident described bySøren Liborius in Bašinac. The evidence indicates that persons referred to as uniformedHV soldiers set fire to houses, shot animals, and looted, which the Trial Chamberunderstands to mean they took unspecified items away. While the Trial Chamber issatisfied that the perpetrators wore military-type uniforms, the evidence does notprovide a factual basis for the qualification of them as belonging to the HV.Consequently, the Trial Chamber cannot assess whether this qualification was made ona proper factual basis. The Trial Chamber has received no other reliable evidence aboutwhich armed forces, if any, the perpetrators belonged to. Nor has the Trial Chamberreceived sufficient evidence about which armed forces, if any, were present in or in thevicinity of the Plavno Valley at the time. The Trial Chamber is therefore unable to drawany conclusions regarding the identity or affiliation of the perpetrators. Under thesecircumstances, the Trial Chamber will not further consider these incidents between 15and 29 August 1995 in the Plavno Valley in relation to Counts 1, 4, and 5 of theIndictment.953. In relation to the incident in Petrovići, the Trial Chamber considered that theinformation relayed to Anttila by the villagers of Petrovići insufficiently establisheswhen the described events occurred. The Trial Chamber finds that on 2 or 3 September1995, persons referred to as uniformed Croatian soldiers came in three vehicles and took20-30 sheep and other unspecified property from villagers in Petrovići hamlet. Whilethe Trial Chamber is satisfied that the perpetrators wore military-type uniforms, theevidence does not provide a factual basis for the qualification of them being Croatian.504Case No.: IT-06-90-T 15 April 2011 `