KMDLNj: Mission impossible to return to Kosovo by Nezir Mehmetaj and Petrit Dula

So far there is no response from the Ministry of Justice from Serbia, and KMDLNj thinks there will be no answer.

KMDLNj said that Neziri Mehmetaj has begun the trial and still does not have any judicial ruling, while Petit Dula has been sentenced to two years in prison on the first scale, meaning there is still no decision on the court's formal form.

The “both are charged and convicted of criminal acts committed in Kosovo, and, in normal circumstances, if there is sufficient evidence they should be tried in Kosovo. It is not the first time that Kosovo citizens, but Serbia's for deeds committed in Kosovo, have been tried in Serbia with provisions of symbolic sentences, or even released from any criminal responsibility as if it was the case of Sasa Cvijett tried in Belgrade for war crimes against Albanian civilians in Podujevo against the Bogujevci, Duriqi and Gashi families, where KMDLNj has monitored two trial hearings and accused of the Berisha massacre in Suharka”, it is said at the KLIMD report.

According to KMDLNj, at the time when the co-operation between the relevant justice ministries, but also other institutions between Kosovo and Serbia, is at zero point, and when Serbia's Ministry of Justice does not even recognise the Kosovo Justice Minister “the minister Haxhiu's strategy, despite, perhaps, of good will, does not produce any legal effect, the effect is at zero”.

Minister Haxhiu's “Lerra only raises hopes, without any legal basis and expectations of the families of Nezir Mehmetaj and Petrit Dula, that they can return to Kosovo at a time when there is no agreement between the two ministries, and when all communication is done through EULEX, which has always shown concern for Serbia's citizens, arrested in Kosovo, while not showing any interest for Kosovo citizens arrested in Serbia”, it is now said.

KMDLNY said that Kosovo's Ministry of Justice, as well as the state of Kosovo, under these circumstances and under these conditions there is no possibility to realise the return of Kosovo citizens who are in Serbia's prisons, but it is possible and obligation to demand that their human rights be monitored through regular visits to the institutions where they are held, whether by the Kosovo Office or by any international mechanism, while at the same time it has the obligation to provide protection and legal assistance that should cover all expenses for the families of the arrested and help organising visits.

KMDLNY said that if conditions are created and access is secured, it is ready to visit Kosovo citizens who are in Serbia's prisons.

The justice ministry must explain the opinion on what legal basis it was supported when this requirement was made on the contrary may be thought to have been made for domestic political consumption, which does not help, neither to prisoners nor their families, except to revive family expectations and expectations, without any basis and option”, KMDLNj added.