Appeal rejects complaint of impeachment in Ivanovic's murder case

The Court of Appeals has rejected complaints of impeachment against evidence in Oliver Ivanov's murder case.Apel's announcement shows that attorneys' complaints have been rejected as groundless.

“Pristina, with 11.05.2021 ♫ The Court of Appeals of Kosovo, has denied the complaints of defence lawyers, of dropping charges and rejecting evidence in the case of N.S.R. defendants, S.A., D.M., and R.B. The Constitutional Court Act in Pristina, dated 02.03.2021, has been confirmed and this criminal case will continue according to criminal procedure rules”, the report says.

The defendants are charged with criminal acts “grave murder”, “The participation or organisation of the organised criminal group”, Misuse of official position or authority” and “Keeping arms in ownership, control or unauthorized possession of”.

The three-member special department of the Appeals Court found that the first-instance court had acted correctly when it rejected the defendant's requests for dropping the indictment and rejecting evidence as groundless, since none of the pre-priced legal circumstances, detifying something like this”, are said in Apel's announcement.

Otherwise, initially the Special Prosecutor of the Republic of Kosovo, on December 27, 2019, had filed charges against Nedeljko Spasojevicq, Marko Rossic, Silvana Arsovic, Dragisa Markovik, Zarko Jovanovic and Rade Basara for criminal acts “Pjes or organisation of the organised criminal group”, “Kek use of official position or authority”, reference to the carrying out of the criminal act”, ”, possession, possession or possession of the weapons without authorisation of”, “, official disindecent “, co-ordination “, and co-ordination <12>

The initial session was held on February 11th 2020, while the Constitutional Court in Pristina on April 6, 2020, had rejected requests for dropping charges and rejecting evidence.

Following complaints by four lawyers, the Court of Appeals had approved the defenders' complaints, and the case had returned to restoration.

According to Appeals, in restoration from the first-instance court, the contradiction should be eliminated by allowing the prosecutor to declare or correct and complete the indictment so that the indictment is in line with the 241 KPRK Article.

Then, on November 10th 2020, the Special Prosecutor had compiled the indictment, which says, indictees Nedjko Spasojevicq, Marko Rosic, Rade Basara and Silvana Arsovic, from 2014 to 2018, respectively, on January 16th 2018, in co-operation with indictees Zeiko Bojic, Zvo Veselinovic and Milan Radojcic, who are on the run, and with two other defendants who are so far unknown to the bodies of order, acting as a group of organised and structured, in a group with specific role, Zvon Veselinovic and Milan Radojcic, who are taking part of the criminal action, and what the criminal acts that has taken place in the criminal group has now taken place in its own, and what the criminal servants have done in order of criminal acts, and what is now carried out of itself, and what the criminal acts that each party has been carried out of its actions, including in the criminal acts in the criminal acts, and the criminal groups, as a measure of privacyal acts of privacyal acts, as a measure of privacyal acts, as well as well as well as well as well as well as well as well as possible.

The defendant Nedelko Spasojevic, reportedly acting as a member of the criminal group, helped commit the criminal offense, co-operate closely with unknown suspects to carry out the murder of the late Ivanovic now, with intent and knowledge, has helped unknown suspects commit the criminal act of serious murder, creating conditions and stave off obstacles to carrying out this criminal act, so that initially the same enabled suspects to move with the official police vehicle of the brand <0> Golf IV”, a caravan, has then sent the same car to <x2pel Astra”, a blue, without a license plate, from which the car was shot towards the late Ivanovic, which has subsequently passed away at the Mitrovica hospital.

In addition, the defendant Spasojevic said, on a critical day along with the two police officers who were the first at the scene, Zarko Jovanovic and Dragisa Markovic, deliberately and knowingly used his official duty by not carrying out the necessary legalally defined duties, with the aim of benefiting any benefit for himself or the other person, in the way that has allowed unauthorised persons to enter the scene and damage the evidence they have been in, where even the late Ivanovian murder occurred.

According to the indictment, defendant Marko Rossic, acting as a member of the criminal group, has helped commit a serious murder offense, closely co-operating with indictees Spasojevicq, Basara, Bojic, Veselinovic, and Radoicic, in the manner that with his “type car Santa Fe”, followed every movement now of Ivanovic's arrival, prior to his murder, where, after the murder, a letter was found in the clothing of the deceased man in which car data “Santa Fe”, black. This car is said to have conveyed the brother of victim Miroslav Ivanovic after the victim's murder, the same car is owned and used by defendants Rosic and the car mentioned is parked at the restaurant “Grey”, which is the property of defendant Milan Radoicic.

Aktakuz says the defendant Rade Basa, in the quality of the police official, concrete investigators at the Revolutional Investigation Unit in Mitrovica-North, has not fulfilled his official duties with the aim of benefiting anything for himself or the other person and acting as a member of the criminal group, simultaneously as police investigators, co-operated closely with Zeljko Bojq and with the organised criminal group led by Milan Radojcic, whose group has taken orders to hide and eliminate evidence, and who has committed the criminal group to hide the traces of crime, the cases where they were involved in criminal cases where they had been committed by criminal memberss, with no intention to investigate, and no search for cases of crime, and no known suspects, with law.

For defendant Silvana Arsovic, it is said that as a member of the organised criminal group, by co-operating closely with suspects who have been in co-ordination for the murder of Ivanovic, has helped carry out the criminal work of serious murder, by making conditions and avoiding obstacles to committing criminal work in the way that at the time of the act of committing Ivanovic murder, the defendant has been aware that security cameras in the SDP office have been banned in a violent way, decomposing by the currents, which it is possible to relieve suspects from doing security, when the request of the assassination was carried out. The same is said to have activated security cameras in the office of the SDP, which had appeared to be manager at these offices and as the only person in the facility mentioned at the time of the assassination, on January 16, 2018.

With this defendant, according to the prosecution, have committed criminal participation or organisation of the criminal group organised by Article 283, paragraph 3 concerning KPRPK's paragraph 1 related to serious criminal acts of murder, Article 179, paragraph 1.9 of KPRK, and criminal work misuse of official position or authority under Article 442, paragraph 2, subpargraphy 2.1 linked to KPRK paragraph 1.

At issue, the indictment says that accused Dragisa Markovic, on January 16th, 2019, in the quality of the police official, has without authorisation made available the other person's information, which constitutes official secrecy, so that until he was on official duty from the site of the event, where even Ivanovic's assassination had taken place, with the intent of publishing or using that information, outside the territory of the Republic of Kosovo, by reporting to a police official in the state of Serbia not yet confirmed that the news was now killed by Ivanovic, wrote Betcience.

This charges him with committing criminal work “detection of official secrecy”.

The following is said that Dragisa Markovic and Zarko Yvanovovic, on January 16th, in quality of official persons, have used their official duty by not carrying out the necessary legally defined tasks, so that after Ivanovic's murder, they have gone to the scene, and have failed to secure the site well by leaving other persons to intervene in that space, as well as the same one in order to make unexplorable evidence in official procedures, manipulated with them, and thus concealing those originally indicted, as Marki, in charge of the event, which was found in the post-capital scene that took place with the most indictment of Jovan and other indictees, and then pulled out of the event.

By this they are accused of committing criminal acts of misusing official duty in co-ordination.

While Jovanovic is also accused of possession, control or unauthorized possession of weapons, as the same date of February 10, 2018, according to the indictment, during the search of housing and watch facilities and during the search of his residence, a TT brand weapon, 7.62mm calibre, and 9 rounds of 7.62mm calibre, which the defendant owned without permission, was found and confiscated.