Serbia charged with war crimes seeks to be tried by Special Court

This request, accused D. The Sh did it after that part of his course is in this court and that his judgment there is in the interest of justice.

D. St. Along with Mr. K. They are charged by the Special Prosecutor of the Republic of Kosovo (PSRK), that, in co-ordination with other members of the police, the military and Serbian paramilitaries, they had committed criminal war crimes.

Regarding the prosecution's proposal, D.S. The chairman of the court, Judge Musa Condzhel, said the Special Department of this court is competent for the trial of this case.

We're currently competent and we can't distance the competence from ourselves, if you're looking for the Tribunal or whoever we are, we're having trouble”, he said.

As regards this proposal, the prosecutor of the case, Valdet Gashi, said he opposes such a proposal as the Republic of Kosovo has its own institutions, which hold judicial procedures.

Kosovo's “Republic, has its own institutions, crime has been committed in Kosovo, victims are found in Kosovo, investigations have been conducted in Kosovo and proven that the accused has committed this criminal act”, Gashi said.

The next session, which is expected to provide the defendant's defense, is to be held on March 3, 2021, by 9:30.

On the other hand, because of the inability to secure witnesses Ivica Stanojkovic and Haliim Krasniqi, prosecutor Gashi proposed that their statements be found to be read.

Judge Konjelj said the Halimi witness is in poor health condition and currently we are unable to ask questions anymore, and that witness Stanojkovic is in Belgrade, and according to his father's announcement the same cannot come to Kosovo because of his work.

But if the parties consider that their evidence is very significant about the process, they will think of some way to listen.

Prosecutor Gashi proposed that their statements be considered read about causes hindering their presence in the trial.

The damaged party also agreed with the defender of the accused D.S. Lawyer Gikovin Jokanovic.

However, lawyer Dejan Vasic rejected it, who said such a proposal should be rejected because the prosecutor made a concession when he did not invite the defender of the accused, Mr.K., so lawyer Vasic, reports the verdict on Justice.

The court took the ruling with which it approved the prosecution's proposal to read witness statements Halim Krasniqi and Ivica Stanojkovic.

Because their statements given to previous procedures according to the court and the possible evidence taken into judicial consideration would not have much impact on whitewashing or changing circumstances and other tests that have been administered. At the other hand, the security of these witnesses, namely Ivica Stanojkovic, is difficult and could prolong the case” said the chairman of the court, Musa Kondzhel.

Otherwise, during this session there was the management of material evidence, by prosecutor Gashi, who at short points of evidence, each and each in particular, with whom the criminal act for which the accused are accused is materialized.

Regarding the proposed material evidence in the accuser act and which the parties were thoroughly elabored had no remarks.

During this session, defender of the defendant D.S. Lawyer Mentor Neziri stated that his defender at the time had filed a criminal complaint against N.N. for allegedly committing criminal acts of serious murder.

This proves that D.S. at that time for any information he had at the time of the crime he had reported, and there was no tendency to commit any offense. This shows more of his humanitarian action” said lawyer Neziri.

He proposed to the court to administer as evidence evidence of the criminal defaming exercised by D. Sh at that time.

This proposal was rejected by the prosecutor, arguing that it does not figure such a criminal outcry has been presented as allegedly.

“Letn to wish that such criminal speculation has been presented and does not know how relevant a confession presented to the N.N. Personal” he added.

Opposition to this proposal was also attributed to the representative of the damaged party, lawyer Gani Rexha.

The proposal to be administered as evidence for ensuring criminal cohesion was rejected by the court, since such criminal speculation has not been found.

The court found that even if evidence is provided in question, it is not very relevant to the criminal act he is accused of.

Otherwise, after confirming the indictment, the court had launched a trial hearing in July 2020, the initial session was held in January 2020, where the two defendants had denied guilt.

According to the indictment compiled on December 30, 2019, accused Mr. K., on March 26, 1999, about 10: 00 p.m., in the village of Education, the Ferizaj municipality, in association with other members of the police, the army and Serbian paramilitary, dressed in police uniform and armed, knowingly and deliberately acting on the plan and orders of its superiors, has directly participated in the attack of the Albanian national population, namely, the N family. who have not actively participated in armed conflict.

Always according to 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 O backyard. N, then under shots of weapons and screams in the Serbian language, swift and shaped have entered the house, 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 addition, it is said that as long as civilian persons of the N. 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, the defendant is said to have participated in the hostage taking of four persons of this family, who, acting in co-operation with other perpetrators, initially separated them from other family members, the O. N, B. N., A. N. and B. N., now feel. 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.

The defendant D. According to the indictment, on April 1, 1999, in the quality of the police inspector, armed with automatic weapons, with the aim of desecration, humiliation and derogatory treatment of lifeless bodies, victims O. N., B. N., A. N. and I. R., 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 supposed victims were washed clean through H persons. K., I. A. and another person called “Rada”, with the <x2 type truck > FAP”, yellow-coloured, has been withdrawn from the Morgu of Pristina, yet without an autopsy being done and sent to the vicinity of Ferizaj City cemetery called the Muslim “varrest”, where the accused D was expected. The U.S., which has immediately just arrived on lifeless bodies, has ordered the person named “Maxut” to begin opening a hole with the aim of throwing these.

Meanwhile, the prosecution later says that following the opening of the hole of approximately 2 to 3m wide and 70 to 80cm deep, defendant D. The U.S. has ordered that bodies of those killed first get off 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”.