Gotovina et al Judgement Volume I - ICTY

38741relation to Counts 1 (insofar as it relates to inhumane acts), 8, and 9 of the Indictment inchapters 5.7.2 and 5.8.2 (c) below.1121. The evidence received from Brkić also indicates that, at the beginning ofSeptember 1995, three persons referred to as soldiers arrived at his house in one car,pointed a pistol at him, and beat him, thereby breaking two of his ribs. The persons alsotook a radio, one kilogram of coffee, a wrist watch, and some money from Brkić. Beforeleaving, the persons kicked Brkić into a stream in front of his house. Several days laterBrkić was taken to the hospital in Knin and was hospitalized for 15 days. The TrialChamber also received hearsay evidence in the form of a UNCIVPOL report which theTrial Chamber considers to relate to the same incident and which partially differs fromBrkić’s account. Based on the witness’s description of the persons as soldiers and theUNCIVPOL report, the Trial Chamber is satisfied that the persons wore military-typeuniforms. However, the above evidence does not establish to which armed forces, ifany, the alleged perpetrators belonged. The Trial Chamber has not received sufficientevidence about which armed forces, if any, were present in or in the vicinity of Palankaat the time. The Trial Chamber is therefore unable to draw any conclusions regardingthe identity or affiliation of the alleged perpetrators. Under these circumstances, theTrial Chamber will not further consider this incident in relation to Counts 1, 4, 8, and 9of the Indictment.Villagers in Palanka village1122. With regard to alleged ill-treatment of villagers in Palanka, the Trial Chamberhas primarily received documentary evidence. According to a UNCIVPOL incidentreport, dated 20 September 1995, UNCIVPOL patrolled the hamlet of Kušac in Palankavillage, Gračac municipality, and were told by Dragan Milinković that three armed menin military uniform had visited the village in one blue and one yellow car with nolicense plates on 15 September 1995, and threatened him and other villagers with aknife. The men had also stolen cattle from villagers under the threat of knife andpistol. 4106 The villagers of the hamlet informed UNCIVPOL that they were suffering4105 Pero Perković, T. 19465.4106 P793 (UNCIVPOL incident report, S05-95-170, 20 September 1995).574Case No.: IT-06-90-T 15 April 2011 `