7 minutes agoRejecting Kosovo-Serbia co-operation for Banjska “suits criminals”
Periskopi(2 years ago)
(2 years ago)Judicial co-operation between Pristina and Belgrade is very important, but in Banjska's case, Serbia is the one to hand over Kosovo the evidence it has and not the opposite, Ehat Miftaraj thinks from the Kosovo Institute for Justice. He adds that this co-operation should be on the level between the two states, as it comes to [...]
He adds that this co-operation should be on the level between the two states, as it comes to a serious criminal act that took place on Kosovo territory.
On the other hand, Vesna Rakiq-Vodeneliq, a retired law professor from Belgrade, thinks that the insistence on co-operation between the two states “will lose” much of what can serve as evidence in the process.
The High Public Prosecutor in Belgrade, through the EU Law Rule Mission (EULEX), has asked Kosovo for information on Banjska's case, but the Kosovo Ministry of Justice on August 14th confirmed to Radio Free Europe (REL) that this request has been rejected.
US Ambassador to Kosovo, Jeffrey Havenier, in an interview for The REL on 13 August said it hopes the Government of Kosovo will respond positively to Serbia's request for co-operation in the Banjska case, “because you want to make sure that there are prosecutions and that Mr. Radoiciq, as well as others involved, responsibilities for their criminal work”.
What happened in Banjska?
An armed Serb group attacked Kosovo Police in Banjska on 24 September 2023, killing police Africa's Bulnjak, While three Serb attackers were killed in the subsequent shootout.
The responsibility for the attack was taken by Milan Radoic, former vice president of the Serbian List, which in Kosovo relates to several criminal acts, including the murder of Serbian opposition politician Oliver Ivanovic.
The investigation into the attack in Banjska is leading the Kosovo and Serbian judicial bodies, but so far neither side has filed an indictment. Kosovo has singled out this attack as a terrorist, while those involved are linked to violation of constitutional order and activity against Kosovo's judicial system, while in Serbia this attack is described as “co-operation for the conduct of criminal acts, hard work against overall security and production, possession and trade of arms without permission”.
Miftarian: Kosovo cannot provide information on processes that are developing
Ehat Miftaraj for Radio Free Europe explains that laws in Kosovo do not allow giving information to any other state about the ongoing judicial processes.
“We are talking about a criminal offence which, if proven, can also be pronounced life sentence for criminal acts against the constitutional and judicial order of the Republic of Kosovo, acts related to aggression mean by another state”, it explains.
Miftaraj, too, explains that Kosovo has asked Serbia for co-operation in this case, and that in fact it is Serbia that should hand over all information or evidence to Kosovo.
“Criminal acts are committed on the territory of the Republic of Kosovo, committed against the constitutional and judicial order of the Republic of Kosovo, so the only competent authority to investigate, prosecute and try persons responsible for this criminal act is the authorities of the Republic of Kosovo. Therefore, Kosovo cannot share information with Serbia, which can initiate a parallel trial procedure”.
The only way Serbia can initiate a parallel procedure is for Kosovo to accept the transfer of criminal procedure to Serbia. Even then it would be difficult to do so because criminal law prohibits it from criminal acts that could be punished for more than 10 years in prison”.
Serbia unanswered for Kosovo's bid
The Kosovo Justice Ministry in response to Radio Free Europe also stressed that Serbia's request is in conflict with some provisions of the Law for International Legal Co-operation on Criminal Affairs, and that Kosovo's “alone judicial bodies have jurisdiction to investigate and judge cases allegedly carried out within the territory of the Republic of Kosovo”.
According to these provisions, providing assistance can be rejected if the execution of the request risks violating the sovereignty, security, public order or other basic interests of the Republic of Kosovo, as well as whether the request is contrary to the judicial system of the Republic of Kosovo.
It also stresses that Serbia has never responded to the Kosovo Special Prosecutor's request submitted in 2023, “over Handover of Criminals so that they can respond to justice in the Republic of Kosovo”.
This minister has called for conducting an international investigation for, as it has said, “The balloons of training terrorists on Serbia's territory, Serbia's involvement in financing and weapons supply of terrorists”.
From the EU Office earlier, for Radio Free Europe have confirmed that through their mission for rule of law in October last year, a request from Kosovo for bilateral judicial co-operation in Banjska's case has been forwarded to Serbian authorities, but no response has been received.
Free Europe Radio has been addressed to the Ministry of Justice of Serbia and the High Public Prosecutor in Belgrade with the question of why no response has been given to Kosovo's bid for co-operation.
The answer came only from the Public High Prosecutor, but not in response to questions, but it repeats that Serbia's Justice Ministry has been addressed EULEX and has demanded that the full documentation” involving Banjska be handed over.
“Passing responsibility suits criminals”
Professor Vesna Rakiq-Vodinelj in a statement to Radio Free Europe says Serbia is probably refusing co-operation with Kosovo because it considers that way it would accept a relationship that resembles a relationship between the two states.
Serbia does not recognise Kosovo's independence, declared in 2008, and considers it part of its territory. Both sides have started dialogue on normalising relations, and in 2013 the Agreement for Justice was reached, with which official Belgrade pledged to accept jurisdiction of Kosovo's justice system in Serb majority municipalities.
However, judicial co-operation on the ground has never been established.
The “should not be expected from either side or from the other to fulfill their obligations by the agreement. This turns out to be totally ridiculous and to the detriment of both sides, as it comes to tracking criminals”, she says.
Ehat Miftaraj explains that if Serbia does not co-operate and offers aid to Kosovo, then Kosovo must implement its legislation to maintain constitutional and judicial order.
He adds that Serbia should show good political will and extradite Radojici and other persons responsible for the attack on Banjska in Kosovo.
To happen, he adds, it is necessary for the parties to reach an extradition agreement.
So Radochiqi was released one Arrest warrant International from INTERPOL at the request of Kosovo through the United Nations Mission (UNMIK).
The international community has strongly condemned the attack in Banjska, and has sometimes called on authorities in Serbia to be brought to justice all involved in the case. /Radio Free Europe
