here - Humanitarian Law Center/Fond za humanitarno pravo

terrorized the inhabitants by destroying and torching their houses, ancillary facilities and
vehicles. In consequence, 44 civilians were killed, more than 40 family houses and more than 40
ancillary facilities were destroyed, as were three trucks, five cars and three tractors. The
indictment further alleged that the accused seized property from Kosovo Albanian civilians,
taking their money (a total of more than 125,000 DM), jewelry and valuables of undetermined
value, and appropriated a number of passenger cars and two trucks. In addition, it is further
alleged that the accused forced the surviving civilians from their homes, with the aim of
deporting them to the Republic of Albania, expelling more than 400 women, children and elderly
people from the village of Ćuška/Qushk.
In 2012, having examined evidence presented by the TRZ, the court interviewed defense
witnesses. In their testimonies, for the most part, the witnesses claimed to have seen those
persons accused in Ćuška/Qushk case in other locations, away from the village, in an attempt to
raise doubts among the chamber’s members about the accused persons` presence in Ćuška/Qushk
on 14 May 1999.
Expert witnesses Ana Najman (a clinical psychology specialist) and Dr Branko Mandić (a
psychiatrist), both reiterated their findings and their opinions, which had been provided
previously in written form, regarding protected witness Zoran Rašković. 34 According to their
statements, the witness did not have a mental illness, mental retardation, a temporary or any
other, more serious, mental disorder. Furthermore, they established that he was not prone to
create false memories and scored a very low rating in the so-called “lie scales” test. 35
On 26 September 2012, the TRZ indicted Dejan Bulatović for the criminal offense of a war crime
against civilians. 36 According to the indictment, on 1 April and 14 May 1999, in the area of the
municipality Peć/Pejë, the accused, as a member of the 1st platoon of the 177th VTO, under the
command of the late Nebojša Minić, a.k.a. ‘Mrtvi’ (Dead man), together with other members of
that platoon, committed killings and expelled members of the Kosovo Albanian civilian
population from the villages of Ljubenić/Lubeniq, Ćuška/Qushk and Zahać/Zahaq, intimidated
and terrorized the inhabitants of the villages, unlawfully destroyed civilian property by torching
houses and ancillary facilities, with the aim of making the residents leave their houses and
villages and move to the Republic of Albania.
34 During his testimony at the main hearing in December 2012, witness Zoran Rašković refused further protection
measures. Until that point, he had been referred to in court proceedings as protected witness PS.
35 A test to determine propensity to lie.
36 Article 142 (1) of the CC of the FRY, as a co-perpetrator, and Article 22 of the CC of the FRY.
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