Appeal turns war crimes indictee's case into retrial

“with the approval of C shield complaint. J, lawyer Miodrga Brkljac, the Constitutional Court Act in Pristina... of 22.06.2024 is cancelled and the subject is returned to the first degree court in the retrial”, said in the verdict made on November 4th, 2024 by the Court of Appeals.

Initially, the decision stresses that the complaint against the Foundation's decision has prompted the lawyer Brkljac because of violations of legal provisions, when the decision is amended, the accused is released, or the case to be turned into retrial, reports the “Justice Vocation”

The response to the lawyer's complaint has filed with the Special Prosecutor's proposal that the Foundation's decision be confirmed, while the lawyer's complaint to Brkljac be rejected as unfounded.

Therefore, the attorney Brkljac's complaint, the Appeals Prosecutor, has filed a presumption through which he has demanded that complaints be rejected and the Constitutional decision confirmed, as well as the Special Prosecutor's response treated as based.

After receiving complaints and responses to the complaint, Appeals has scheduled and held the college session where they presented the injured Zef Mality and Nexmedin Currej, accused Joliq with Brkljac, meanwhile, no one has introduced anyone from the Appeals Prosecutor.

The appeal has found that the device of the Foundation's decision is unclear and contrary to his reasoning, where no clear and concrete reasons have been given for the crucial facts of the criminal case against Jokic.

On the other hand, it is said that the head shot that the injured Malthia has claimed was caused by the accused Joliq as described in the argument, while the ruling device is said to have occurred by a person with the nickname “Dule”.

Therefore, according to Apel, there is a contradiction between the device of the decision and statements of the damaged Malthias, not proving that the blow was caused by defendant Joliq.

Likewise, Apel has found that the statements of the injured Naim Ferati have not confirmed what the incriminating action of the accused Joliq was for what he was convicted of.

Apel has asked that in the retrial, he analyses each test at once and after final assessment to explain why the court considers it credible and objective or why he does not appreciate such evidence.

Likewise, Apel has found that witness Curray's statement to the prosecutor initially said that two people -- Lazza and another -- had entered the car, meanwhile, in the judicial examination stated that Laza and the person named Joliq were in the car.

According to Appeals, the Foundation's decision has become unstable and involved in essential violations.

Otherwise, the Special Prosecutor of the Republic of Kosovo (PSRK) on November 18th, 2022, has filed charges against defendants Caslav Jolic with the argument that during the time of the Kosovo war, in co-ordination with other people, violating the rules of international law, applied torture measures and causing great suffering or violation of body integrity or civil health that have not directly participated in conflicts for reasons related to the war.

The complete act for this occasion can be read by clicking THESE