“Billist” in front of asylum in Croatia or extradition to Serbia

In addition to being handed over to the Supreme Court of Croatia, he has sought political asylum in this country. Political asylum, Morina has called for it because of fears that in the event of extradition to Serbia, there would be no fair trial. In this case, only on the level of the judiciary is spoken in Croatia, and not on political ones.

Darko Butigan, a lawyer from Dubrovnik who represents Albania's citizen, Ismajl Morina, speaking of Radio Free Europe, has clarified what the complaint is based on at the Supreme Court of Croatia over the Dubrovnik District Court's decision to extradite Morina to Serbia. According to him, Morina has not committed a criminal offence for which she is charged.

Serbia's “Republic requires the extradition of Ismail Morina for criminal work by Article 317, line 3 of the Criminal Law, for criminalising national, racial and religious hatred, as well as intolerance. Throughout the procedure, we say that the flag which has fallen over that stadium contains no elements of the call for national, racial or any other hatred among peoples”, attorney Butigan said.

He has also clarified that it is the flag with pictures of two fathers of the Albanian nation, Isa Boletin and Ismail Kemal, who at the London conference in 1913, have demanded that Albania be at the borders, which have figured on that flag.

This is all that he's talking about. Meanwhile, after the match in Serbia, there has been no escalation of violence between Albanians and Serbs, and no national hatred has been sparked among peoples. The incident, which took place in the match, generally falls on the responsibility of the police, directly on its host match. It is their responsibility that fans have infiltrated the football field, where they don't belong”, Butigan said.

He has said that in the complaint it has been noted that Morina in Serbia would risk the right to fair judgment. The complaint, according to him, is completely based on concrete facts which at present will not go public, while the procedures are under way.

Lawyer Butigan has stressed that as the possibility of additional defence not extradited to Serbia, Morina has sought asylum in Croatia, with the explanation that because of ethnic and religious affiliation, there would be no fair trial in Serbia. The procedure for approval of international defence in Croatia lasts between 6 and 10 months.

If Croatia's Supreme Court rejects their complaint, Butigan has stressed he will complain further.

“Absolutely, we will go away to the Constitutional Court and even, if necessary, to Strasbourg, because it is a violation of basic human rights and human freedom”, Butigan said.

The Supreme Court of the Republic of Croatia has yet to accept the case. As has been officially confirmed, the court will decide with urgent procedure, but that this too will last. Buitigan estimates this could last up to two months.

Lawyer Branko Sheric, from Zagreb, tells Radio Free Europe that the Supreme Court's possible decision, with which extradition is confirmed, becomes all-powerful when that decision is made. But, according to him, it is possible for the Supreme Court to annul the decision to extradite from the lower court and return the case in Dubrovnik for a new verdict. Should the decision again be for extradition, Morina's next step of attorney would be the Constitutional Court.

After that, the person wanted for extradition, if not in the asylum control procedure, could file an indictment at the Constitutional Court, if there is really reasonable suspicion of violating the person's basic human rights. As we know, the procedure is over. However, there is the possibility that the Constitutional Court of the Republic of Croatia will require the so-called interim measure, the decision, which will suspend the carried out of an almighty decision for extradition, until the Constitutional Court resolves the case”, the lawyer stressed.

Morina, who was arrested in June in Dubrovnik while traveling to Italy, is staying in prison there until a future decision. Lawyer Butigan has stressed that he is in regular contact with him. According to him, Morina is being treated like all other detained persons.