Gotovina et al Judgement Volume I - ICTY

38806964. Witness 136, a Serb field interpreter for UNCIVPOL and UNCRO, 3774 testifiedthat on 11 August 1995, she observed that houses in Podkonje in Knin municipality hadbeen burned. 3775 On 19 August 1995, an UNMO team saw three burning houses inPodkonje, Knin municipality, and 94 houses slightly damaged and looted in the northwesternpart of the town of Knin. 3776 On 20 August 1995, at 9:30 a.m., UNMO observedfour HV solders looting near the former UNMO team Podkonje office (WJ9777). 3777965. The evidence indicates that on 11 August 1995, houses in Podkonje had beenburned, and that on 19 August 1995 three houses were burning. There is insufficientevidence as to the circumstances under which or by whom the houses were set on fire.Under these circumstances, the Trial Chamber will not further consider these incidentsin relation to Counts 1 and 5 of the Indictment.966. The Trial Chamber finds that on 20 August 1995, at 9:30 a.m., four HV soldierslooted near the former UNMO team Podkonje office, which the Trial Chamberunderstands to mean they took unspecified objects away. Based on UNMO’s descriptionof these persons as HV soldiers, the Trial Chamber is satisfied that they wore militarytypeuniforms. The evidence does not provide further details as to the factual basis forthe qualification of these persons as being HV members. Consequently, the TrialChamber cannot assess whether this qualification was made on a proper factual basis.The Trial Chamber recalls its findings in chapter 4.2.9 (Knin town). Based on theforegoing, the Trial Chamber finds that the HV or VP took the objects away. Accordingto the 1991 Population Census, the population of Podkonje consisted of 31 Serbs out ofa total of 198 persons in 1991. 3778 The Trial Chamber is therefore unable to concludethat the objects belonged to Krajina Serbs. The Trial Chamber will further consider thisincident in relation to Counts 1 and 4 of the Indictment.3774 P2 (Witness 136, witness statement, 4 July 1996), pp. 1-2; Witness 136, T. 620, 622, 641, 726, 765,768, 780-782.3775 P2 (Witness 136, witness statement, 4 July 1996), pp. 6-7; Witness 136, T. 641-642; P5 (Map ofSector South marked by Witness 136).3776 Tor Munkelien, T. 1520-1521; P67 (UNMO Team Podkonje report, 27 August 1995), para. 11.3777 P67 (UNMO Team Podkonje Report, 27 August 1995), para. 12 (A).3778 C5 (State Bureau of Statistics Population Census of 1991, National Structure of the Population ofCroatia According to Settlement), p. 110.509Case No.: IT-06-90-T 15 April 2011 `