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carrying Božidar Đurović and Ljubomir Zdravković in Alsani Durmishi Street in Prizren (Kosovo). Đurović and Zdravković were ordered from the car, frisked, had their their identity documents taken away and their hands with a rope. Kashnjeti, together with other members of the KLA, allegedly struck the two men with rifle butts to the head and body, and took them at gunpoint toward a yard w<strong>here</strong> they kept them for several hours. After that, Kashnjeti drove the two men, along with Miroslav Jovanović, whom unidentified KLA members had confined earlier in the same yard, to Ortokol a suburb of Prizren, and ordered all three of them to go to Serbia, taking away their car and everything that was in it. The trial of Kashnjeti commenced on 13 September 2012. Over the course of the four trial days held in 2012 eight witnesses were heard. The accused denied having committed the offence and claimed to have never worn a KLA uniform and to have never been a member of the KLA. He said he had been in a bookstore owned by his friend Lir Bytyqi at the time of the event in question. As for a photograph published in a newspaper allegedly showing him as one of the of KLA members escorting the injured parties, he said he had seen it before but the soldier in the photograph was not him and he was a victim of mistaken identity. He visited Serbia several times after seeing the photograph, and had never had any problems until his arrest. The court heard the injured parties Božidar Đurović and Ljubomir Zdravković and witnesses Miroslav Jovanović, Nenad Dimitrijević, Milan Petrović, Lir Bytyqi, Kemal Baca and Zef Kashnjeti. The injured party Đurović did recognize the accused either during the investigation or the trial, but stated that the persons who had arrested them were between 25 and 30 years old, w<strong>here</strong>as the accused was 46 at the time of the event. Đurović was not able to describe what the accused looked like at the time of the event, nor could he explain how he could possibly recognize a person whom he was unable to describe. 46
Photo taken on 14 June 1999 that, A photo of Mark Kashnjeti taken in 2004 according to the first-instance judgment, shows Mark Kashnjeti. The injured party Zdravković, who was with Đurović for the entire duration of the event in question, stated that he did not know the accused. He also said that he had not been beaten by anybody and that he had not noticed Đurović being beaten either. Witness Jovanović, who was with the injured party from the moment they came to the yard, also said he did not know the accused. Witness Milan Petrović, former chief of the Criminal Police Department in Prizren, now an employee of the MUP’s Department of War Crimes, had no knowledge of the event in question. He gave his assessment of the overall situation in Kosovo at the time of the event in question, although he said that he had left Kosovo, on 14 June 1999. He also said that the person in the photograph was Kashnjeti, and that he recognized him because, as a former policeman in Prizren, “my job was to remember people’s faces” and because Kashnjeti had a look that was “not characteristic of an Albanian”. Witness Nenad Dimitrijević, a member of the Serbian MUP, said that while he was taking a statement from the injured party, Božidar Đurović, he saw that Đurović had the photograph of Kashnjeti published in newspapers. Witness Zef Kashnjeti, brother of the accused, said that his brother had never been a KLA member, nor had he worn its uniform or ever borne arms. Witnesses Lir Bytyqi and Kemal Baca, friends of the accused, stated that in the relevant period Kashnjeti had visited the bookstore in which they worked on an almost daily basis, and spent a 47
Page 1 and 2: Report on war crimes trials in Serb
Page 3 and 4: VJ - Yugoslav Army VRS - Army of Re
Page 5 and 6: I Findings 1. Few indictments The O
Page 7 and 8: delivered a judgement in the Zvorni
Page 9 and 10: 4. Inadequate protection of and sup
Page 11 and 12: that the courts are unjustifiably i
Page 13 and 14: Examining the conduct of proceeding
Page 15 and 16: almost entirely ignored 26 , with a
Page 17 and 18: terrorized the inhabitants by destr
Page 19 and 20: Analysis of proceedings Defense wit
Page 21 and 22: taken to a pit in the Hamzići area
Page 23 and 24: conclusively determined, he stated
Page 25 and 26: Tenja TO, the accused took Ivan Val
Page 27 and 28: 1.4. Tuzlanska kolona (Tuzla Convoy
Page 29 and 30: Selimović, who were also on the ro
Page 31 and 32: The second retrial commenced on 22
Page 33 and 34: Analysis of proceedings The TRZ has
Page 35 and 36: elieving that Maloku had a handgun,
Page 37 and 38: murder, it was alleged that the sam
Page 39 and 40: Course of proceedings As alleged in
Page 41 and 42: The court did not accept the argume
Page 43 and 44: collaborating with Croatian forces,
Page 45: violation of Budisavljević’s rig
Page 49 and 50: Analysis of proceedings At the time
Page 51 and 52: to unidentified members of the MUP
Page 53 and 54: 2.5. Lovas 119 On 26 June 2012, the
Page 55 and 56: Tovarnik, including the armed group
Page 57 and 58: the Great group went to the Agricul
Page 59 and 60: period of time (almost a month), wi
Page 61 and 62: y a universally accepted non-applic
Page 63 and 64: decisive facts, and the reasons sta
Page 65 and 66: collaborating witness “Božur 50
Page 67 and 68: elements of this criminal act and t
Page 69 and 70: The court also found that the defen
Page 71 and 72: At the first-instance trial, at the
Page 73 and 74: The trial of this case commenced on
Page 75 and 76: The Court of Appeal in Belgrade, up
Page 77 and 78: and ruthlessness shown to the victi
Page 79 and 80: Mirko Marunić to two years in pris
Page 81 and 82: alone - there is no requirement for

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