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Gotovina et al Judgement Volume I - ICTY

Gotovina et al Judgement Volume I - ICTY

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38748back to their vehicles shortly after the house had caught fire, the Tri<strong>al</strong> Chamber findsthat they s<strong>et</strong> it on fire. Given the description of the perp<strong>et</strong>rators of these incidents byBerikoff and Roberts as soldiers the Tri<strong>al</strong> Chamber finds that they wore military-typeuniforms. Further, considering the HV presence on this date in the nearby village ofKosovo (see 4.2.15 Kosovo village), the Tri<strong>al</strong> Chamber finds that the perp<strong>et</strong>rators weremembers of the Croatian military forces. Regarding the one house that was burnt, theTri<strong>al</strong> Chamber has received no direct evidence regarding the <strong>et</strong>hnicity of the owner orinhabitant of that property. Considering the limited extent of the destruction, the 1991Population Census data will not be helpful in this instance. Regarding the unspecifieditems taken away, the Tri<strong>al</strong> Chamber considered that, given that the majority of villages<strong>al</strong>ong the Knin-Drniš road were predominately Serb in 1991 and further, consideringthat houses with Croatian markings on them were spared, the Tri<strong>al</strong> Chamber finds that asignificant number, if not <strong>al</strong>l, of the items taken away were owned by Krajina Serbs.The Tri<strong>al</strong> Chamber will further consider these incidents under Counts 1, 4, and 5 of theIndictment in chapters 5.5.2, 5.6.2, and 5.8.2 (f) and (g) below.1106. The evidence further indicates that on 6-11 and 15 August 1995 numeroushouses, fields and vehicles <strong>al</strong>ong the Knin-Drniš road were damaged, destroyed, burntor still ablaze while the occasion<strong>al</strong> village remained intact. The evidence furtherindicates that dead livestock <strong>al</strong>ong this route was abounding. However, this evidence isunspecific and does not indicate when, by whom, or the circumstances under whichthese houses were s<strong>et</strong> <strong>al</strong>ight or the anim<strong>al</strong>s were killed. Under these circumstances, theTri<strong>al</strong> Chamber will not further consider these incidents in relation to Counts 1 and 5 ofthe Indictment.567Case No.: IT-06-90-T 15 April 2011 `

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