Gotovina et al Judgement Volume I - ICTY
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Gotovina et al Judgement Volume I - ICTY

Gotovina et al Judgement Volume I - ICTY Gotovina et al Judgement Volume I - ICTY

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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 `

38768these persons as soldiers, the Trial Chamber is satisfied that they wore military-typeuniforms. However, the evidence does not establish when or the circumstances underwhich the house caught fire.1064. The Trial Chamber has also received evidence that before 8 p.m. on 19September 1995, civilians and uniformed men were looting in Orlić village, which theTrial Chamber understands to mean they took unspecified objects away. The aboveevidence does not establish to which armed forces, if any, the alleged perpetratorsbelonged. Nor has the Trial Chamber received sufficient evidence regarding whicharmed forces, if any, were present in or in the vicinity of Orlić village at that time.Therefore, the Trial Chamber is unable to draw any conclusions regarding the identityor affiliation of the perpetrators. Under these circumstances, the Trial Chamber will notfurther consider the above incidents in Orlić in relation to Counts 1, 4 and 5 of theIndictment.Popovići1065. The Trial Chamber has received relevant evidence with regard to allegeddestruction and plunder in Popovići in Orlić primarily through the testimony of PeterMarti.1066. Peter Marti, an UNMO and later a member of HRAT in Sector South from 19June to 27 November 1995, 3950 testified that on 26 August 1995, Major Michie and thewitness went on patrol in, inter alia, Popovići, Orlić municipality, and saw two housescompletely burnt down, ten partly burnt, two burning and 37 houses looted. 39511067. Maria Teresa Mauro, a UN civil affairs officer and HRAT member in theformer Sector South based in Knin from March to December 1995, 3952 stated that on 3September 1995 she saw Croatian soldiers loading cows and pigs on trucks with Šibenikplates approximately one kilometre away from Biskupija, in Orlić municipality, as3950 P415 (Peter Marti, witness statement, 13 February 1996), pp. 1-2; P416 (Peter Marti, witnessstatement, 29 June 1997), pp. 1, 6; P417 (Peter Marti, witness statement, 14 December 2007), paras 1, 5,9, 173951 P416 (Peter Marti, witness statement, 29 June 1997), p. 13; P417 (Peter Marti, witness statement, 14December 2007), paras 61, 75; Peter Marti, T. 4615-4616; D391 (Summary of humanitarian violationsfrom HQ Sector South daily situation reports, 7 August-8 September 1995), p. 18; P67 (UNMO TeamPodkonje report, 27 August 1995), para. 18.547Case No.: IT-06-90-T 15 April 2011 `

38768these persons as soldiers, the Tri<strong>al</strong> Chamber is satisfied that they wore military-typeuniforms. However, the evidence does not establish when or the circumstances underwhich the house caught fire.1064. The Tri<strong>al</strong> Chamber has <strong>al</strong>so received evidence that before 8 p.m. on 19September 1995, civilians and uniformed men were looting in Orlić village, which theTri<strong>al</strong> Chamber understands to mean they took unspecified objects away. The aboveevidence does not establish to which armed forces, if any, the <strong>al</strong>leged perp<strong>et</strong>ratorsbelonged. Nor has the Tri<strong>al</strong> Chamber received sufficient evidence regarding whicharmed forces, if any, were present in or in the vicinity of Orlić village at that time.Therefore, the Tri<strong>al</strong> Chamber is unable to draw any conclusions regarding the identityor affiliation of the perp<strong>et</strong>rators. Under these circumstances, the Tri<strong>al</strong> Chamber will notfurther consider the above incidents in Orlić in relation to Counts 1, 4 and 5 of theIndictment.Popovići1065. The Tri<strong>al</strong> Chamber has received relevant evidence with regard to <strong>al</strong>legeddestruction and plunder in Popovići in Orlić primarily through the testimony of P<strong>et</strong>erMarti.1066. P<strong>et</strong>er Marti, an UNMO and later a member of HRAT in Sector South from 19June to 27 November 1995, 3950 testified that on 26 August 1995, Major Michie and thewitness went on patrol in, inter <strong>al</strong>ia, Popovići, Orlić municip<strong>al</strong>ity, and saw two housescompl<strong>et</strong>ely burnt down, ten partly burnt, two burning and 37 houses looted. 39511067. Maria Teresa Mauro, a UN civil affairs officer and HRAT member in theformer Sector South based in Knin from March to December 1995, 3952 stated that on 3September 1995 she saw Croatian soldiers loading cows and pigs on trucks with Šibenikplates approximately one kilom<strong>et</strong>re away from Biskupija, in Orlić municip<strong>al</strong>ity, as3950 P415 (P<strong>et</strong>er Marti, witness statement, 13 February 1996), pp. 1-2; P416 (P<strong>et</strong>er Marti, witnessstatement, 29 June 1997), pp. 1, 6; P417 (P<strong>et</strong>er Marti, witness statement, 14 December 2007), paras 1, 5,9, 173951 P416 (P<strong>et</strong>er Marti, witness statement, 29 June 1997), p. 13; P417 (P<strong>et</strong>er Marti, witness statement, 14December 2007), paras 61, 75; P<strong>et</strong>er Marti, T. 4615-4616; D391 (Summary of humanitarian violationsfrom HQ Sector South daily situation reports, 7 August-8 September 1995), p. 18; P67 (UNMO TeamPodkonje report, 27 August 1995), para. 18.547Case No.: IT-06-90-T 15 April 2011 `

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