The indictment against two war crimes indictees in Upper Nerodimes in Ferizaj confirmed

In this case, Apel has rejected the defense attorney's complaint, Dejan Vasic, and has put the ruling issued by the Special Department of the Constitutional Court in Pristina to take on 16 March 2020, with which the indictment filed by the Special Prosecutor of the Republic of Kosovo (PSKR) was confirmed.

The ruling has provided “Justice Vow”, it is said, that the Court of Appeals has rejected the prosecution's complaints as groundless of the defender Kristic, with which the prosecution act was required.

According to the Appeals Court's assessment, the above complaints are not based because the Court of the First Scale has taken care of according to claims by objections, to assess and rightly provide sufficient reasons that the indictment filed by P The SRK on December 30th, 2019, according to the actual situation by the indictment, proves there is sufficient evidence to support the well-based suspect that the defendant committed the criminal act he was charged with, said in Apel's decision.

Based on Apel's decision, it turns out that the first-degree court has rightly estimated that from the situation described in fact, there is evidence supporting the alleged suspect that the defendant has carried out the task entrusted to him.

According to the assessment of the Appeals Court, the first-degree court in the contested ruling has extended reason regarding the controversial and just evidence has proved that sufficient and legally acceptable evidence exists, that from the situation described in the facts, there is good-found doubt that the defendant has carried out the criminal work for which he is accused. Well-based doubt, in this phase of procedure, is proven by witnesses-injuring, then material evidence etc.”, says the verdict.

Under that decision, Appeals has estimated that evidence presented in the indictment is not incompatible with the penal procedure code provisions and that they have been legally secured, reports the “Justice Vowify”.

Also, evidence is not in conflict with Article 249 par.5 of the KPPRK and that all evidence presented in the indictment is legally provided and that any evidence found on the subject documents shows a good doubt that the actions of the defendant described in the indictment are the elements of the criminal act for which he is accused. In this regard, the defender's claim that there is not enough evidence to support the well-founded suspicion that the defendant committed criminal acts, according to the Apel's Court assessment, are unfounded”, said in the court's ruling.

Finally, Apel has estimated that the first degree court has acted justly with the refusal of the defender's requests for dropping the indictment and rejecting the evidence, since the necessary legal conditions have not been met.

The Supreme Court estimates that the first instance court has acted correctly when it rejected the defender's request for the drop of the indictment and the rejection of evidence, after the court failed to meet the legal conditions for dropping the preamble indictment with the 253 KPK Article, as well as the conditions of Article 249 par.1 of the PRK, for declaring evidence or any unacceptable evidence”, is said in the act of Apel judgment.

Otherwise, the Special Department of the Foundation Court in Pristina, with the decision issued on March 16th 2020, had rejected the request for the drop in the indictment and the rejection of evidence presented by indictee Zlatan Kristic's defender, lawyer Dejan Vasic.

Against this ruling issued by the first-instance court, attorney Dejan Vasic had filed complaints due to essential violations of the criminal procedure's provisions and misconception of the actual situation.

In the complaint exercised at the Court of Appeals by attorney Vasic, approval of this complaint was required as a basis, change of complaint and rejection of the indictment filed by the SPRK.

Otherwise, on January 20, 2020, the two war crimes indictees -- Zlatan Kristiq and Destan Shabanaj -- at the initial session held on January 20, 2020, had been declared innocent of the works being charged.

According to the indictment compiled on December 30th, 2019, accused Kristiq, on March 26, 1999, at around 22:00, in the village of Nerodim and Epperem, the Ferizaj municipality, in co-ordination with other members of the police, the army and Serbian paramilitary, dressed in police uniform and armed, knowingly acting on the plan and orders of its superiors, has participated directly in the attack of the Albanian national population, namely the Nuhaj family that did not participate in the armed conflict.

All in accordance with the charge, the same action in co-operation with other members of the police, military, and paramilitary forces, originally by military and police motor vehicles, has entered the courtyard of Osman Nooha's house, and then under the fire of weapons and screams in the Serbian language, kidnapped and shaped, where 19 members of this family were sheltered, among them children, women, and men.

Then, it is said that the defendant, in interaction with other perpetrators who belonged to police, military, and paramilitary forces, has taken part in the serious violation of the personality and dignity of the members of this family, because he is strongly under threat of weapons, feeling fear of their lives, forced out of their homes, and treating them violently in the face of the house, holding them in fear and pressure for a long time.

In turn, it is said that as civilian servants of the Nuha family were lined up in the courtyard, in their presence, the defendant in interaction with other perpetrators has participated in the illegal and deliberate destruction of this family's wealth, the burning of houses, animals, food of animals, and all the property found in the courtyard, which was not justified with military need.

Then, according to the prosecution, the defendant has also attended the expulsion of 15 members of this family, who were previously lined up in the courtyard, where, in interaction with the other perpetrators, under the threat of weapons, they have been ordered to move out of their homeland by force in the unknown direction.

On the other hand, it is said that the defendant has taken part in hostageing four persons of this family, who, acting in co-operation with other perpetrators, have initially separated them from other family members -- the Osmans, Bajram, Agron and Brahim Nuha -- now felt. After receiving them, it is said that it has essentially contributed to their cruel treatment, torturing, torturing, mutilating, and ultimately killing with firearms whose bodies, with the intention of concealing crime, have been thrown across the magic Pristina road Ferizaj, specifically in the village of Babush.

For this, it is alleged that in co-ordination it has committed war crimes against the civilian population” by Article 142 concerning Article 22 of RSP, seen in the Penal Code of the Republic of Kosovo, war crimes in serious violation of Article 3 of the Geneva Convention by Article 146, paragraph 1 and 2 , subpargraphy 2,1.2 and 2,3 of KPRK, related to the 31st KPR.

However, defendant Dejan Shabanaj, according to the indictment, on April 1, 1999, in the quality of police inspector, armed with automatic weapons, with the intent of desecration, humiliation and derogatory treatment of lifeless bodies -- victims Osman Nora, Brahim Nora, Agron Nooha and Ismet Ramadani -- has ordered their troops to be buried without dignity and contrary to the rules of war defined by international humanitarian law.

According to the prosecution, on the same day, according to the order of the defendants and other police members, the lifeless bodies of the allegedly washed victims, through persons Halim Krasniqi, Ismet Asim and another person named “Rada”, with the type <x2 truck > FAP”, yellow-colored, has been pulled out of Pristina's Morgu, yet without an autopsy being done and sent near the cemetery of Ferizaj's town called the Muslim “varres of”, where he was waiting for the accused Shabanaj, who immediately just arrived dead bodies, has ordered the person named “Max7>, to begin opening an exhibition with the intention of throwing these.

Meanwhile, the prosecution later says that after the opening of the hole of approximately 2 to 3m wide and 70 to 80cm deep, defendant Dastan Shabanaj has ordered that troops of those killed first descend from the truck and then, without respect, religious traditions and rituals have all been irregularly thrown into the same massive pit.

According to the indictment, in its conclusion, the defendant in opposition to the docks, the religious customs and regulations of the slain has ordered that through the excavator, the lifeless bodies thrown into the mass pit be covered with soil, not keeping a note of the identity of the buried and leaving no identification of the cemetery.

On this, it is accused of committing criminal acts “of war crimes against the civilian population” by Article 142 RSFJ's LP, currently punishable by the Republic of Kosovo Penal Code by Article 146, paragraph 2.2 “War crimes in serious violation of Article 3 joint conventions of Geneva”.