first-instance judgment entirely abolished; new trial under way before the War Crimes Department - part of the Higher Court in Belgrade
Duration of proceedings since trial commencement
In progress
Witnesses examined
143
Date and outcome of the first instance verdict
Years in prison:
AA, AO, AĆ: 20
ALJJ: 15
AŽ: 12
AB: 10
AP: 5
AD, AĐ: 2
AK, AL: acquitted of charges
AE, AĐ, ANJ: charges withdrawn
According to the court findings, the intervention platoon, composed of volunteers and commonly referred to as the Jackals, was part of the regular military force; hence, this was the first judgment before the War Crimes Department whereby members of the Yugoslav Army were convicted of the expulsion and mass killing of Kosovo Albanians.
Date and outcome of decision on appeal
Appellate Court's decision:
The Appellate Court in Belgrade - War Crimes Department abolished the first-instance judgment in the Ćuška case and ordered a new trial.
Date and outcome of verdict in new trial
/
Criminal offence
war crime against civilian population under art. 142 re art. 22 (co-perpetration) of the FRY Criminal Act
Background facts
Background facts:
According to the indictment allegations, in the course of April and May 1999, fourteen former members of the Yugoslav Army’s 177th Military-Territorial Detachment (known as the Jackals) engaged in massacres against Kosovo Albanians in villages Ćuška, Zahač, Pavljan and Ljubenić.
The accused were involved in the killing and rape of civilians, as well as in the destruction and plundering of their property. Most survivors left their homes and fled to Albania. The Jackals' commander Nebojša Minić, also known as “Dead“, deceased in Argentina in 2005.
Procedural remarks
Procedural remarks:
Key evidence in this case was provided by two former members of the Jackals. The Office of the War Crimes Prosecutor investigated the case in close cooperation with the EU Rule of Law Mission to Kosovo (EULEX).
