Gotovina et al Judgement Volume I - ICTY

38770in this regard that the Split Military Court convicted Burazer of the crime of aggravatedtheft, and that there is no indication in the evidence that this judgement did not becomefinal under Croatian law. The evidence does not establish whether the steam boiler andset of radiators were owned by a Krajina Serb. The Trial Chamber will further considerthis incident in relation to Counts 1 and 4 of the Indictment in chapters 5.6.2 and 5.8.2(f) below.Orlić town1058. The Trial Chamber has received relevant evidence with regard to allegeddestruction and plunder in Orlić town primarily through the testimony of Stevan Zarićand ECMM and UNMO reports. According to the 1991 Population Census, thepopulation of Orlić consisted of 844 Serbs out of a total of 848 persons in 1991. 39401059. Stevan Zarić, a Serb, born in 1922, from Zarići hamlet in Orlić village, statedthat around 10 or 11 August 1995, he was up the hill above his house on the terrace of ahouse that he shared with his cousin. 3941 The witness saw three soldiers armed withautomatic rifles and in camouflage uniform with black bands around their heads settingfire to houses, including the witness’s house. 3942 The witness did not see what they usedfor that purpose, but the witness’s house burned to the ground. 3943 The witness did notsee any insignia on the soldiers’ uniforms, but stated that he assumed that they wereCroatian soldiers because there were no other soldiers around. One of the soldiers askedthe witness who owned the hay barn, and the witness responded that it was his. Thissoldier then told one of the other soldiers not to burn it, but the witness could see that ithad already been set on fire by one of the soldiers. 39441060. Eric Hendriks, an ECMM monitor in Knin from 21 July 1995 until 30 October1995, 3945 testified that on 12 August 1995 at 11:35 a.m., he saw five soldiers looting inOrlić. 3946 According to a survey report prepared by Marker Hansen, on 12 August 19953940 C5 (State Bureau of Statistics Population Census of 1991, National Structure of the Population ofCroatia According to Settlement), p. 110.3941 P2516 (Stevan Zarić, witness statement, 10 September 2003), paras 6, 9, 11.3942 P2516 (Stevan Zarić, witness statement, 10 September 2003), para. 11.3943 P2516 (Stevan Zarić, witness statement, 10 September 2003), paras 11-12.3944 P2516 (Stevan Zarić, witness statement, 10 September 2003), para. 11.3945 P931 (Eric Hendriks, witness statement, 4 April 2008), para. 3; D820 (Eric Hendriks, witnessstatement, 18 April 1996), pp. 1-2; Eric Hendriks, T. 9734-9735, 9755-9756.3946 P931 (Eric Hendriks, witness statement, 4 April 2008), para. 31; D820 (Eric Hendriks, witnessstatement, 18 April 1996), p. 5.545Case No.: IT-06-90-T 15 April 2011 `