The lack of judgment on Banisca, the Supreme still has rejected the request of the Foundation

The Supreme Court of Kosovo has expressed itself ready to provide its legal assistance and expertise in terms of irregularities that resulted in the launch of trial in the “Banjska” case.

In a response to Dukagjin, the Supreme Party said that although it has yet officially accepted the Pristina Constitutional Court's request, which singled out the procedure against the 42 indictees on the run, and dilemmas arose if the same could be tried in absentia for criminal acts of terrorisation and constitutional order.

Kosovo's Supreme Court has yet to accept the Pristina Constitutional Court request regarding the case in question. Based on Court Law, No. 06/L 54, Article 27, the Supreme Court can call a general session of all its judges to promote principled positions, judicial thoughts and guidelines that promote unique law enforcement. Although no legal opinion is given about individual cases in the process, after accepting the request, the Supreme Court's criminal branch will consider the possibility of extracting a guide through which the dilemmas raised are clarified, or if the guide appears to be unnecessary, it will respond to the first degree, clarifying the dilemmas presented. ”

Former Supreme Court Chairman Fejzullah Hasani says the only way to realise judgment in the absence in this case is to amend the Criminal Procedure Code.

“There is no legal obstacle and it is very simple procedure to launch an amendment to the Code of Criminal Procedure, and where Article 303 referred to judgment in absence and provisions referred to the penal code, to be reformed and pointed out that, in addition to these criminal acts, judgment is allowed in absentia even for all criminal acts against the constitutional order of Kosovo”, said Fejzulah Hasani, former chairman of the Supreme Court.

Meanwhile, the other opinion has a former People's Avokat and the former head of the Appeals Court, who say there is no obstacle to developing judgment in their absence.

There is no qualms in the jurisdictional aspect of the lack of judgment, as well as understanding that may be a challenge for the judicial system since it has not been challenged with such situations, due to the complexity of the issue also due to the implications this case may have, but as a legal mechanism, it is definitely in compliance with European standards”, former ombudsman said.

“The criminal act of terrorism is a global problem and this should be addressed as an international criminal act of terrorism, so there are many convention treaties that have emerged because it is a global terrorism problem”, Hasan Shala said, former head of the Appeals Court.

In the initial investigation of 45 indictees in the Banjska attack case, Judge Arben Hoti singled out the procedure against the 3 indictees under detention, and for the trial against 42 others still on the run, the Supreme Court said it would seek judicial opinion.

According to the Penal Code and Procedure Code, it is estimated that judgment in absence be rendered for unprescripted criminal acts that are serious murder, the criminal acts of genocide, war crimes, crimes against humanity, or other criminal acts that are not submitted by international law.