Proposal on changing house arrest measures against three accused of Ivanovic's murder rejected

The Constitutional Court in Pristina has rejected the proposal for changing house arrest measures against three indictees, Nedeljko Spasojevicq, Rade Basara and Marko Rossic, charged with the murder of Oliver Ivanovic.

Indictees Nedeljko Spasojevicq, Marko Rosic, Rade Basara and Silvana Arsovic are charged that, in co-operation with fugitive indictees Zeiko Bojic, Zvonko Veselinovic and Milan Radoicic have carried out the murder of Oliver Ivanovic.

The proposal for changing house arrest measures by any other alternative measures has been given in Thursday's session, the defender of the defendant Rosic, lawyer Mahmut Halimi, reports “Justice Vought”.

This proposal by lawyer Halimi has also been supported by defendant Spasojevic's defender, lawyer Faruk Korenica and defender of accused Basara, lawyer Tome Gashi.

But the proposal was rejected by special prosecutor Burim Cerkini, and then rejected by the chairman of the court, Valon Kurtaj.

Judge Kurtaj said that later if the court estimates they have ceased the circumstances the house arrest measures were imposed, the court will change the same on official duty.

The initial session was held on February 11th 2020, while the Constitutional Court in Pristina on April 6, 2020, had rejected requests for dropping the indictment and objections to the 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 re-establishment from the first-instance court, the contradiction should be eliminated, allowing the prosecutor to declare or correct and complete the indictment so that the indictment is in line with KPRK's Article 241.

Then, on November 10th 2020, the Special Prosecutor had compiled the indictment, which states that defendants Nedeljko Spasojevic, Marko Rossic, Rade Basara and Silvana Arsovic, from 2014 to 2018, respectively, in the town of Mitrovica, in co-operation with indictees Zeiko Bojic, Zvon 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 an organised and structured group, with a role of indictees, Zonko Veselin Veselinovic and Milan Radojcic, who are taking part of the criminal action, and whose actions are now taking place in the criminal action in the process of criminal servants, and whose actions are now committed to the criminal acts in a criminal acts, as part of criminal acts, and who are now known as criminal acts by means that each party group, and actions by means that each one has been carried out of privacyal means of criminal means, and actions by means of privacyal means, and actions in its owning, and actions by means of privacy of privacy of individual criminals.

The defendant Nedeljko Spasojevic, reportedly acting as a member of the criminal group, helped commit a serious murder criminal act, co-operate closely with unknown suspects to commit the now murder of the late Ivanovic, with intent and knowledge helping unknown suspects commit the criminal act of serious murder, creating the conditions and stave off obstacles to carrying out this criminal work, so that initially the same enabled suspects to move with the official branding police vehicle <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.

The indictment says that accused Dragisa Markovic, on January 16th, 2019, in the quality of the police official, has without authorization 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 occurred, with the intent of publishing or exploiting that information, outside the territory of the Republic of Kosovo, reporting to a police official in the state of Serbia without any confirmation of the news that Ivanov has already been killed.

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. /