Gotovina et al Judgement Volume I - ICTY

38769at 11:35 a.m. ECMM observed in Orlić that around 50 per cent of the village had burntand there were five soldiers conducting small scale looting. 3947 At 12:46 p.m. on 26August 1995, an ECMM team witnessed three Croatian soldiers near a house in Orlićthat, according to the team, had recently been set on fire. One of the soldiers loaded hisweapon and told the team that there had been fire already the day before. 3948 Before 8p.m. on 19 September 1995, UNMO observed civilians and uniformed men lootingOrlić. 39491061. The Trial Chamber has received evidence that by 11:35 a.m. on 12 August 1995,around 50 per cent of Orlić village was burnt. The Trial Chamber finds that around 10or 11 August 1995, three persons in camouflage uniforms, armed with automatic riflesand wearing black headbands, set fire to houses and one hay barn in Orlić village. TheTrial Chamber racalls its findings in chapter 4.2.15 (Knin-Drniš road). Based on theforegoing, the Trial Chamber finds that the three persons were members of the HV.Considering the ethnic composition of Orlić in 1991, the Trial Chamber finds that asignificant number, if not all of the burnt property was owned or inhabited by KrajinaSerbs. The Trial Chamber will further consider the incident in relation to Counts 1 and 5of the Indictment.1062. The Trial Chamber has further received evidence that on 12 August 1995, fivepersons referred to as soldiers, were looting in Orlić village, which the Trial Chamberunderstands to mean they took unspecified objects away. Given the description of thesepersons as soldiers by the ECMM report and Erik Hendriks, the Trial Chamber issatisfied that these persons wore military-type uniforms. The Trial Chamber hasreceived no other reliable evidence about which armed forces, if any, the allegedperpetrators belonged to. Nor has the Trial Chamber received sufficient evidenceregarding which armed forces, if any, were present in or in the vicinity of Orlić villageat that time. Therefore, the Trial Chamber is unable to draw any conclusions regardingthe identity or affiliation of the alleged perpetrators.1063. The Trial Chamber has also received evidence that on at 12:46 p.m. on 26August 1995, an ECMM team observed three persons referred to as Croatian soldiersnear a house in Orlić village which had recently been set alight. Given the description of3947 P1290 (Survey report by Marker Hansen, 20 September 1995), p. 7.3948 P766 (ECMM report, 26 August 1995), p. 1.3949 P154 (UNMO Sector South daily situation report, 8 p.m., 19 September 1995), pp. 1, 4.546Case No.: IT-06-90-T 15 April 2011 `