Gotovina et al Judgement Volume I - ICTY

38799Operation Storm (see chapter 4.4.8). The evidence indicates that HV forces reachedStrmica on 7 August 1995. The Trial Chamber therefore considers that the evidence ofManda Rodić refers to a period covering all or most of approximately the first third ofAugust 1995. This interpretation is supported by evidence from other witnesses whowent to Strmica and saw burnt houses there as early as 12 August 1995. The TrialChamber has received insufficient evidence as to when and the circumstances underwhich these houses caught fire, whether by shelling, arson or other means. The evidencealso indicates that on 12 August 1995 there was dead livestock on the road in Strmica,however the Trial Chamber has received no evidence as to the circumstances underwhich these animals died.985. The evidence further indicates that houses in Strmica were burnt on severaloccasions in September 1995. On two of these occasions, 3 and 7 Septemberrespectively, the evidence indicates that persons referred to as HV soldiers or policemenwere observed next to the burning houses. With regard to the incident on 3 September,the evidence does not contradict the claim made to UNCIVPOL by the police and HVsoldiers that they were at the scene of the burning house for investigatory purposes.However, the proximity of these persons to the burning houses is insufficient toestablish that they set fire to the houses. Consequently, there is insufficient evidence asto the circumstances under which the houses that were burnt in September caught fire.986. Manda Rodić’s evidence indicates that after the HV moved its command postsfrom her hamlet, men, women, and children, who were not from her hamlet and whowere wearing both civilian and military clothing, removed items from houses.Considering the prior removal of the HV command post, and the presence of women,children, and persons in civilian attire, which is a strong counter indication of theiraffiliation with any armed forces, the Trial Chamber is unable to draw any conclusionsregarding the identity or affiliation of the persons in military clothing. The TrialChamber will therefore not further consider this evidence. As for Rodić’s testimonyregarding items that disappeared from her house and shed, the evidence does notestablish when, or by whom, these items were taken. As for Tor Munkelien’s evidenceindicating that there were 80 looted houses in Strmica on 23 August 1995, the evidencedoes not establish when, or by whom, items were taken from these houses. Under thesecircumstances, the Trial Chamber will not further consider any of the above incidents inrelation to Counts 1, 4, and 5 of the Indictment.516Case No.: IT-06-90-T 15 April 2011 `