Court of Appeals Decision for Three Serbs Arrested in Ivanovic's Murder

Court of Appeals Decision for Three Serbs Arrested in Ivanovic's Murder

The Kosovo Appeals Court has turned the issue back to re-establishing the measure of detention in the case of three suspects in Ivanovic's murder. This has been made known through a communique for the media. “According to the assessment of the Court of Appeals, the court of first degree has given no valid reason related [...]

This has been made known through a communique for the media.

After the assessment of the Court of Appeals, the court of the first degree has given no clear reasons for crucial facts, in terms of Supported Doubt The defendants have committed the criminal acts they are being investigated for, just as they require provisions of Article 187 of the Republic of Kosovo's Code of Criminal Procedure, said in the communique.

Two of the four Serbs arrested in northern Mitrovica were Kosovo police officers Dragisa Markovik and Nedeljko Spasojevic.

Full communication:

The Kosovo Appeals Court has restored the issue of determining the extent of the detention in the case of three suspects who will remain in custody even further until the first degree court makes a new decision.

The Constitutional Court in Pristina, with a ruling of the date 24.11.2018, has assigned the detention measure to N.S., M.R. and the D.M., in length of a month. The first two are due to suspicion based on the criminal act “grave murder” by Article 179 concerning Article 33 and 34 of the Criminal Code of the Republic of Kosovo, while defendants D.M. Because of the suspicion based on having committed criminal work “Statement of official secrecy”, from Article 433 of the same code.

According to the assessment of the Court of Appeals, the court of the first degree has given no clear reason regarding crucial facts, in terms of Supported Doubt The defendants have committed the criminal acts they are being investigated for, as are the provisions of Article 187 of the Republic of Kosovo's Criminal Procedure Code. 

So the act of first degree has to be annulled, and in re-establishing the core court, I have to ask the prosecution that the request for the detention assignment to be attached to all the evidence she is called to, and that is, in particular, to deal with the fact that the court is based, after I assess and submit their conclusions to each one, make a decision to remove or appoint the detention measure, providing clear and concrete reasons for each legal basis.

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