here - Humanitarian Law Center/Fond za humanitarno pravo

Manastir, and Milan Jarić, Zdjelarević’s deputy and commander of the unit the accused served in
– reinforce this conclusion. The witnesses were at the time, the commanding officers of the
accused. They knew of the crimes he had committed previously but took no action against him.
They therefore contributed significantly to the commission of a new crime – the murder of the
Čičak family members. It is not clear why the TRZ has not prosecuted these officials to date,
although the facts established during this trial suggest that all legal prerequisites have been met
for such an action. The court is bound to act within the limits of the indictment of the TRZ, which
de facto creates a criminal case and, in particular, defines its scope, by determining which
persons are to stand trial. The way in which the TRZ acted in this case, shows that the TRZ has
continued with the practice of prosecuting only direct perpetrators and not those who, as their
superiors, were at least as responsible for the crimes as the direct perpetrators.
2.8. Kušnin/Kushnin 158
On 3 August 2012, the Higher Court in Niš 159 made public its judgment in this case, finding
Zlatan Mančić, Rade Radojević, Danilo Tešić and Mišel Seregi guilty of a war crime against the
civilian population. The accused were sentenced as follows: Mančić to 14 years in prison,
Radojević to 9 years, Tešić to 7 years and Seregi to five years in prison.
Course of proceedings
The Office of the Military Prosecutor in Niš, in its initial indictment of 19 July 2002 , which was
amended on 16 September 2002, accused Zlatan Mančić, Rade Radojević, Danilo Tešić and
Mišel Seregi of participation in the murder of two ethnic Albanian civilians on an unspecified
date in early April 1999 in the village of Kušnin/Kushnin, in the municipality of Prizren. The
indictment alleged that the defendant Mančić, the chief security officer at the APO 4445 in
Prizren, ordered the defendant Radojević, a platoon commander at the time, to take one soldier
with him and kill the two men who had just been arrested and brought to him. Radojević passed
on the order to the soldier Tešić. Upon receiving the order, Tešić and another solider, Seregi, took
brothers Miftar and Selman Temaj, both from Kušnin/Kushin, in the direction of Prizren. Close to
the road, about four kilometres from the place where their unit was stationed, the two soldiers
killed the Temaj brothers with an automatic weapon and then incinerated their bodies. The
indictee Mančić was also charged with having taken an amount of money from an individual
walking in a column of people fleeing their homes, which had been stopped by the army above a
place known as Vran stena on the road between Orahovac/Rahovec and Mališevo/Malishevë.
158 The Higher Court in Niš, K No 46/10.
159 Members of the trial chamber: Judge Dijana Janković (presiding), judge Marina Đukić, lay judges Vladana
Aleksić, Dragana Šarić and Ivan Mladenović.
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