The Basic Court in Pristina has not yet decided how it will proceed with the trial of the 42 accused for the terrorist attack in Banjska i Zvecan, who are on the run.
Meanwhile, three others accused of this attack are already in court. They have been in custody since September last year.
The spokesperson of the Basic Court in Pristina, Mirlinda Gashi, told KosovaPress that the president of the trial panel in this case, Arben Hoti, is in the phase of “analysis and evaluation regarding the trial in absentia for the other 42 accused”.
She says that this judicial body has not yet made any decision in this regard.
“Regarding your request for information, we inform you that after the response of the Supreme Court of Kosovo regarding the case of trial in absentia, the president of the Trial Panel in this criminal case is in the phase of analysis and evaluation regarding the trial in absentia, therefore it is still no decision from the Special Department of the Basic Court in Pristina”, said Gashi in a written response.
In the September session, the Basic Court announced that it will turn to the Supreme Court to ask for an opinion, if the “Banjska” case can be tried in absentia.
The Supreme Court then clarified that it does not give legal opinions on the dilemmas that the court of first instance may have.
The indictment against the persons accused of terrorism and terrorism financing was filed by the Special Prosecutor’s Office of Kosovo on September 11, 2024.
The action of the justice institutions came a year after a group of Serbian terrorists attacked the Kosovo Police in Banjska in Zvecan, in the north of Kosovo.
Sergeant Afrim Bunjaku was killed there.
Many of the terrorists who were involved in this attack are believed to be in Serbia, while the responsibility for the attack was taken by Millan Radoicic, the former vice-president of the Serbian List – a party that has the support of the official Belgrade.
The director of the Kosovo Institute for Justice, Ehat Miftaraj, thinks that the judge should make a decision regarding this case, but according to him, there should not be a hasty decision.
He emphasizes that in this court case, the trial in absentia cannot be applied.
Miftaraj: The judge should make a decision as soon as possible
“It is not something urgent, since those individuals are already on the run. Based on the law, trial in absentia is not allowed for these criminal offenses. Banjska’s case, if it had been a qualified as serious murder the indictment, trial in absentia would have been allowed, this has not happened, it is for three offenses which the Code of Criminal Procedure simply does not allow trial in absentia. Whenever the decision is made, it does not affect the criminal procedure… The judge should make a decision as soon as possible in order to remove the doubts that have started in the public. Legal certainty requires that the judge, when he has the time or opportunity, clarify the situation in the concrete case as soon as possible”, said Miftaraj.
Arianit Koci, the lawyer of the family of the murdered sergeant Afrim Bunjaku, is optimistic that the Basic Court in Pristina has prioritized this case.
Koci: I believe that the Basic Court will soon make a decision on the trial process in the Banjska case
“I believe that the court has prioritized this case, I believe that it will quickly make a decision. However, it has been a challenge to include all the suspects or defendants in the Interpol red request. Now those who are in the hands of Kosovo justice are here in custody, but the others are also in a situation where they can never leave Serbia”, says Koci.
Koci says that the other accused who are on the run will one day “be in the hands of Kosovar justice”.
Koci: The other accused in the Banjska case will one day appear before Kosovar justice
“Too bad that those who have organized this are not in the hands of Kosovo justice… One day, in one form or another, they will fall into the hands of Kosovo justice, because different conditions will be imposed on Serbia to hand them over, you can already see that it is constantly mentioned… Whether the judge decides to proceed with the trial in absentia, the Supreme Court has left it to his full discretion, and I personally, as the representative of the Bunjaku family, am prepared for two scenarios, both, for the trial in absentia and for the trial of these three who are in custody”, said Koci.
Blagoje Spasojevic, Vladimir Tolic and Dushan Maksimovic – three of the accused for the terrorist attack in Banjska, were in the courtroom on September 25 in Pristina.
The prosecution had proposed that for the other 42 accused – whose presence was not ensured – a trial in absentia should take place.
However, the president of the trial body, Arben Hoti, decided to get an interpretation from the Supreme Court on whether the trial in absentia can be applied in this case, provided for in the Code of Criminal Procedure.
Later, the Supreme Court left it up to the Basic Court to decide how to proceed with the 42 accused who are on the run.
In the initial hearing, the accused Blagoje Spasojevic and Vladimir Tolic did nottakea plea. Meanwhile, Dushan Maksimovic pleaded not guilty.
Among the 45 people who have been indicted is Radoicic as the leader of the terrorist group.
According to the indictment, they have committed the criminal offense of “Committing a terrorist offense” and the criminal offense of “Serious offenses against the constitutional order and security of the Republic of Kosovo”.
Some of the terrorists are also accused of financing the group and money laundering. /KosovaPress/
