Gotovina et al Judgement Volume I - ICTY

38807these items away from homes. Based on the ECMM report’s description of thesepersons as soldiers, the Trial Chamber is satisfied they wore military-type uniforms.However, the stated evidence does not establish to which armed forces, if any, theperpetrators belonged. Nor has the Trial Chamber received sufficient evidence aboutwhich armed forces, if any, were present in or in the vicinity of the Plavno Valley at thetime. While the evidence indicates that VP were patrolling Plavno on this date, the TrialChamber cannot determine with sufficient certainty whether the persons referred to assoldiers belonged to the VP patrols present in the area. The Trial Chamber is thereforeunable to draw any conclusions regarding the identity or affiliation of the perpetrators.Under these circumstances, the Trial Chamber will not further consider this incident inrelation to Counts 1 and 4 of the Indictment.962. With regard to the incident in the Plavno Valley on 30 September 1995, theevidence indicates that civilians and persons referred to as HV and VP soldiers incivilian cars looted horses, furniture, and household items, which the Trial Chamberunderstands to mean they took these items away. Based on the ECMM report’sdescription of some of the perpetrators as soldiers, the Trial Chamber is satisfied thatthey wore military-type uniforms. While the evidence does not provide a factual basisfor the qualification of them as belonging to the HV or VP, the ECMM report describessome of the perpetrators with a high degree of specificity by identifying their unit.Under these circumstances, the Trial Chamber does not require further evidence of afactual basis for the given qualifications. Consequently, the Trial Chamber finds thatsome of the perpetrators belonged to the 72nd VP battalion and the 4th Guards Brigade.Considering the ethnic composition of Plavno in 1991 and Jovan Grubor’s evidence onthe amount of Serb families in Plavno, the Trial Chamber finds that the vast majority, ifnot all, of the items taken was owned by Krajina Serbs. The Trial Chamber will furtherconsider this incident in relation to Counts 1 and 4 of the Indictment in chapters 5.6.2and 5.8.2 (f) below.Podkonje963. The Trial Chamber has received relevant evidence with regard to allegeddestruction and plunder in Podkonje in Knin municipality primarily through thetestimony of Witness 136 and an UNMO report.508Case No.: IT-06-90-T 15 April 2011 `