Gotovina et al Judgement Volume I - ICTY

38794owned by Krajina Serbs. The Trial Chamber will further consider these incidents inrelation to Counts 1 and 4 of the Indictment.995. The Trial Chamber finds that on one occasion during the days following 11 or 12August 1995, four HV soldiers wearing Croatian emblems on their uniforms took itemsfrom ðoko Novković’s house in Žagrović. The evidence indicates that ðoko Novkovićwas a refugee in the FRY in 1997. Considering this to be a strong indicator that he wasSerb, together with the 1991 population census that shows that Žagrović was a nearly100 per cent Serb village in 1991, the Trial Chamber finds that ðoko Novković was aSerb. Under these circumstances, the Trial Chamber will further consider this incidentin relation to Counts 1 and 4 of the Indictment 5.6.2, and 5.8.2 (f) below.996. The Trial Chamber finds that on 15 August 1995, persons referred to as Croatiansoldiers took all the technical appliances, valuable working tools, livestock, and atractor from the house in Žagrović that Witness 69 had visited earlier in the evening of11 or 12 August 1995 and that was owned by a Serb. Based on the witness’s descriptionof the persons as soldiers, the Trial Chamber is satisfied that they wore military-typeuniforms. Witness 69 does not provide further details as to the factual basis for theirqualification as Croatian. Consequently, the Trial Chamber cannot assess whether thisqualification was made on a proper factual basis. The Trial Chamber recalls its findingsabove with regard to ðoko Novković’s house. Based on the foregoing, the TrialChamber finds that HV soldiers took the items from a house owned by a Serb. The TrialChamber will further consider this incident in relation to Counts 1 and 4 of theIndictment.997. The evidence indicates that in Bradaši, on 23 August 1995, one HV soldier tookparts out of a car and others took furniture out of homes. Based on the description ofthese persons as soldiers, the Trial Chamber is satisfied that they wore military-typeuniforms. The evidence does not provide further details as to the factual basis for thequalification of them belonging to the HV. Consequently, the Trial Chamber cannotassess whether this qualification was made on a proper factual basis. The Trial Chamberhas received no other reliable evidence about which armed forces, if any, the allegedperpetrators belonged to, including sufficient evidence about which armed forces, ifany, were present in or in the vicinity of Žagrović at the time. The Trial Chamber istherefore unable to draw any conclusions regarding the identity or affiliation of the521Case No.: IT-06-90-T 15 April 2011 `