The Supreme Court of Kosovo has rejected requests for the protection of legality filed by the defense of Momir Pantiq and Zharko Zariq, who are accused of war crimes against the civilian population, thereby upholding decisions to extend their pre-trial detention.
The requests had challenged earlier rulings by the Basic Court in Prishtina and the Court of Appeals of Kosovo, both of which had ordered the continuation of detention.
According to the Supreme Court, after reviewing the case files and the claims presented, it concluded that the requests were unfounded. The court found that there is a grounded suspicion that the defendants committed the criminal offenses they are charged with, thus meeting the legal conditions for continued detention.
The court also emphasized the risk of flight, noting the seriousness of the alleged crimes, the potential penalties, and the fact that both defendants are Serbian citizens with travel documents enabling them to leave the country.
“In these circumstances, detention is necessary to ensure their presence and the proper conduct of criminal proceedings,” the statement reads. The court further concluded that lower courts had provided sufficient reasoning and had not committed any essential violations of criminal procedure, while alternative measures were deemed insufficient.
Pantiq and Zariq face multiple charges, including murder, torture, inhumane treatment, intimidation, destruction of property, mass expulsion, and ethnic cleansing of the Albanian population in the municipality of Istog.
According to the indictment by the Special Prosecution, Zariq, together with members of Serbian forces, allegedly abused Albanian civilians. The accused have denied all charges.
The indictment further alleges their involvement in the forced displacement of Albanian civilians from their homes in Istog, as well as looting, the burning of around 5,000 houses, destruction of property, and the killing of 260 people, including 19 children.
