Kosovo war crimes indictment confirmed

On January 10, 2024, Milenkovic was declared innocent of war crimes at the initial session, while he pleaded guilty to illegal possession.

The “Justice Trust” has secured two decisions in question with which the indictment of this case is confirmed.

Initially, the defender of the accused Milenkovic, lawyer Dejan Vasic, had sought to drop the indictment with the claim that the investigation which the Special Prosecutor of the Republic of Kosovo (PSRK) has implemented is illegal in view of Article 61, par.3 and Article 129, par.9 of KPP.

This, with the claim that the defence has never been invited in connection with the implementation of investigative actions by the police, at witness hearing, alluding that this way of collecting evidence is not possible in any court or prosecutor in Kosovo, except in subjects where Serbs are accused of war crimes.

Similarly, lawyer Vasic in the request for the indictment's drop has claimed that insufficient suspicion needed for accusation has not been proven, also claimed that evidence provided by the prosecution is illegal.

However, the Constitutional Court in Pristina, according to the ruling compiled on February 28th 2024, has rejected Vasic's request as unfounded.

This ruling says that the court after reviewing the documents of the subject and defence claims has concluded that the requirement for dropping the indictment and rejecting evidence is groundless, since in concrete cases the evidence on which the indictment is based is acceptable and there is sufficient evidence proving the suspicion based on this phase of criminal procedure to premede the indictment and prosecute the case until trial.

“As for the defendant's defender claims that the investigation he has implemented P The SRK is illegal in view of Article 61 par.3 and Article 129 par.9 of the KPP, since the defence has never been invited in connection with the implementation of investigative actions on the part of the police, at witness hearing, the courts dismissed these claims as groundless and uncontested, because P. SRK has conducted investigations according to legal provisions it envisions The KPPK, the investigation was also monitored by the Preservative procedure judge, and as such is legitimate and evidence is legally taken by not violating or violating defence rights”, It says further on the foundation decision.

While, in relation to defence claims that “not enough evidence to support a well-based suspicion that criminal acts were committed according to the indictment”, the court has estimated that based on the evidence attached to the indictment, such as the statements of the injured-witnesses to this phase of the procedure, the conviction is that there is a doubt that the defendant is guilty of criminal acts that are falsely charged.

“As a result, with the aim of complete and fair confirmation of the actual situation, therefore clarifying material truth, the court during the trial will manage with all the proposed evidence and in line with the ruling provisions of the KKPPRK, and from which the evidence at the conclusion of this review will be found whether the defendant's criminal responsibility exists in relation to the criminal work that is placed at the burden of<1>It says the Foundation's decision.

Against this act, lawyer Vasic had filed complaints with the Court of Appeals, due to violations of the criminal procedure's provisions and the mistaken confirmation of the actual situation.

He had proposed that Apel approve his complaint and amend the amended ruling by declaring all the unacceptable evidence referred to in the prosecution's indictment, or the same cancel and return it to restoration.

However, on March 20, 2024, Apel has made the decision with which she has concluded that the earlier complaint is unfounded.

The appeal has found that the complaining act is not involved with substantial violations of criminal procedure provisions or other violations which would condition the annulment of the ruling.

“From the first-instance court's decision-making view, results in the first-degree court providing sufficient and sustainable reasons with the rejection of defence requirements”, It's said away in Apel's decision.

According to Appeal, the indictment erected by P The SRK contains all relevant legal elements as it envisions the provisions of Article 235 paragraph 1, under paragraph 1, 1.2, 1.3, 1.5, 1.6 and 1.7 of the KPP.

The Appeals Court estimates that the first-instance court has acted correctly when it has rejected the defence requirement for dropping the indictment and rejecting evidence, since complaints at this phase of criminal procedure were deemed groundless.

The Act, founded on December 26th, 2023 by the Special Prosecutor of the Republic of Kosovo, charges Dragisa Milenkovijcin that in the quality of Pristina and Lipjan Prison Guardian during the period of war in Kosovo 1998-1999, in Pristina and Lipjan Prison, in co-ordination with other prison officials in question Ljubomir Cimburgovic, former director of the District Prison in Pristina, Predrag Bradic and Milivoje Ivq, former prison guards of Pristina and Lipjan, had systematically tortured Albanian prisoners, torturing them with metal rods, and cable bars, and cables, as well as well as well as in the rest of the waters, had been dealt with the victims of torture and torturers, as well as well as possible, the victims of torturers, as well as well as well as possible, the victims of the victims of torture, and torture, and torturers, and torturers, and torturers, and tortures, and tortures, and tortures, and tortures, and tortures, and tortures,

Anakuza says that Milenkovovic, from May 24th 1999 to June 10, 1999, in Lipjan Prison, in the quality of the official person and in co-ordination with other prison officials in question, Cimburovic, Bradic and Iviq, after transferring Albanian prisoners from Dubrava Prison to Lipjan Prison, had originally formed cords at the entrance of the prison from both sides, where prisoners were forced to pass through the cordet, and then started to hit the guards with different vehicles as a rubber stick, truck.

Always in accordance with the indictment, after which they had systematically mistreated Albanian prisoners, tormenting them dehumanized, tortured, causing bodily injuries, and explaining for themselves, after such beatings they had suffered intense pain throughout the body, mental violence, left them uneasiness for days, insulted and abused and seriously executed for life, such acts that have caused anxiety and fear in them.

With this, it is alleged that in co-ordination it has committed criminal acts <x0) war crimes against the civilian population” by Article 142 concerning RSP 22nd.

Milenkovic is also charged that in his home on June 21, 2023, in Gracanica, during the implementation of the search warrant, police have found a pistol, bullets, clippings, knifes, metal rod.

With this, it is accused of committing criminal work “ownership, control or unauthorized possession of weapons”, from Article 366, par.1 of the Criminal Code of the Republic of Kosovo. /A Vow for Justice