Gotovina et al Judgement Volume I - ICTY

38786incident in relation to Counts 1 and 4 of the Indictment in chapters 5.6.2 and 5.8.2 (f)below.1015. The evidence also indicates that on 10 August 1995 Oklaj was 95 per centdestroyed. However, the Trial Chamber has received insufficient evidence as to thecircumstances under which and by whom the village was destroyed. Under thesecircumstances, the Trial Chamber will not further consider this incident in relation toCounts 1 and 5 of the Indictment.Razvoñe1016. The Trial Chamber has received relevant evidence with regard to allegeddestruction and plunder in Razvoñe in Oklaj municipality primarily through thetestimony of Philip Berikoff. In this respect, the Trial Chamber has considered evidencefrom this witness (reviewed in chapter 4.2.1), P1183 and P2349 reviewed in chapter4.1.15 (Stevo Berić and others - Schedule no. 7), and D282 reviewed in chapter 4.2.14(Oklaj town). According to the 1991 Population Census, the population of Razvoñeconsisted of 160 Serbs out of a total of 507 persons in 1991. 38611017. Based on Philip Berikoff’s evidence, the Trial Chamber finds that on 10 August1995 persons referred to as HV/HVO soldiers took unspecified items from buildings inRazvoñe, in Oklaj municipality, and placed them on vehicles. Based on Berikoff’sdescription of these soldiers as HV/HVO, the Trial Chamber finds that these personswore military-type uniforms. The Trial Chamber notes that no further details areprovided as to the factual basis for the qualification as HV and/or HVO soldiers.However, according to Berikoff, a Croatian check-point manned by Croatian soldiersand military police appeared in Razvoñe following Operation Storm. Considering alsothat on 10 August 1995 the 142nd HV Home Guard Regiment was present in the widersector of Oklaj and Promina village, the Trial Chamber finds that at least some of thepersons wearing military-type uniforms were members of the HV. The Trial Chamberhas, however, received insufficient evidence linking these HV soldiers to the burninghouses that Berikoff noticed in Razvoñe on 10 August 1995. The evidence indicates thatin 1991 Razvoñe was approximately one-third Serb and two-thirds Croat, and that on 103861 C5 (State Bureau of Statistics Population Census of 1991, National Structure of the Population ofCroatia According to Settlement), p. 74.529Case No.: IT-06-90-T 15 April 2011 `