Gotovina et al Judgement Volume I - ICTY

38788Søren Liborius and Eric Hendriks. On 22 August 1995 between 12:15 and 12:20 p.m.,an ECMM patrol consisting of the mentioned witnesses observed a house, a stable, andhaystacks on fire in the deserted village of Guglete in Obrovac municipality. 3854 Theythen met one BMW with VP license plates carrying two uniformed VP wearing 72ndbattalion insignia and three civilians, and an “INA” light fuel truck leaving on the onlyroad leading to the village. 3855 According to an ECMM report, black smoke was risingfrom the village and the smoke was deriving from burning fuel. 38561011. The Trial Chamber finds that on 22 August 1995, between 12:15 and 12:20 p.m.,five persons in a car with VP license plates drove away from the village of Gugletethrough its only entrance, where a house, a stable, and haystacks were burning.Considering that the car was accompanied by an oil truck, while according to an ECMMreport the black smoke rising from the buildings and haystacks derived from burningfuel, and that, aside from the persons in the vehicles, the village was deserted, the TrialChamber finds that the persons in the vehicles set the two buildings and the haystackson fire. The Trial Chamber notes in this respect that there is no indication in theevidence that the uniformed men had arrested or were detaining the civilians.Considering that one of the vehicles had VP license plates and two of its passengerswore VP uniforms with 72nd battalion insignia, the Trial Chamber finds that at leasttwo of the persons who caused the fire were members of the 72nd battalion of the VP.The evidence does not establish whether the burnt property was owned or inhabited byKrajina Serbs. The Trial Chamber will further consider this incident in relation toCounts 1 and 5 of the Indictment, in chapters 5.5.2 and 5.8.2 (g) below.3853 P1098 (Maria Teresa Mauro, witness statement, 3 March 2000), p. 6.3854 P801 (Søren Liborius, witness statement, 12 October 2005), p. 5; P802 (Søren Liborius, witnessstatement, 20 June 2008), para. 18; P848 (Video of villages in Sector South with commentary byLiborius, 17, 19-21 May 1997), p. 7; P931 (Eric Hendriks, witness statement, 4 April 2008), para. 28;D820 (Eric Hendriks, witness statement, 18 April 1996), p. 5; Søren Liborius, T. 8287-8288, 8575, 8578;Eric Hendriks, T. 9677; P810 (ECMM list of villages with level of destruction, 22 August 1995), p. 4;P811 (ECMM Knin daily report, 22 August 1995), pp. 1-2; P815 (ECMM report by Liborius, 26 August1995), p. 9; P835 (Photo of house on fire in Guglete, 22 August 1995), pp. 1-2; P948 (Photograph ofhouse in Guglete).3855 P801 (Søren Liborius, witness statement, 12 October 2005), p. 5; P848 (Video of villages in SectorSouth with commentary by Liborius, 17, 19-21 May 1997), p. 7; P931 (Eric Hendriks, witness statement,4 April 2008), para. 28; D820 (Eric Hendriks, witness statement, 18 April 1996), p. 5; Søren Liborius, T.8287-8288, 8575, 8578; P810 (ECMM list of villages with level of destruction, 22 August 1995), p. 4;P811 (ECMM Knin daily report, 22 August 1995), pp. 1-2; P815 (ECMM report by Liborius, 26 August1995), p. 9; D743 (Notebook of Liborius, part I), p. 46.3856 P811 (ECMM Knin daily report, 22 August 1995), pp. 1-2; P815 (ECMM report by Liborius, 26August 1995), p. 9.527Case No.: IT-06-90-T 15 April 2011 `