Court Rules War Crimes Defendant Fit to Stand Trial, Rejects Request for Macedonian Evaluation

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The Basic Court in Prishtina ruled on Monday, May 4, 2026, that Nenad Stojanović, one of five defendants accused of war crimes against the civilian population in 1999, is mentally fit to face judicial proceedings. In doing so, the trial body rejected a defense motion to send the defendant for a “super-expertise” evaluation at a psychiatric clinic in Skopje, North Macedonia.

Stojanović is on trial alongside Dragan Cvetković, Dragan Nicić, Miloš Šošić, and Slobodan Jevtić. They are charged with participating in a criminal group that killed eight Albanian civilians in villages across the Gjilan region on May 5, 1999.

Findings of the Expert Group

A panel of experts from the Kosovo Institute of Forensic Psychiatry (IPFK), including Shpend Haxhibeqiri, Bujar Obërtinca, and Arife Veselaj, presented their findings after monitoring Stojanović 24 hours a day via cameras and medical staff from January to March 2026.

  • Normal Functioning: The experts found no clinical physical or psychic impairments.
  • Cognitive Ability: Clinical psychologist Arife Veselaj testified that the defendant has an IQ of 90 or above, which is within the normal range.
  • Daily Life Evidence: Experts noted that Stojanović has functioned normally in society, was married, and served as a sergeant in the Kosovo Protection Corps (TMK) for 10 years without incident, where he was authorized to carry weapons.
  • Memory Issues: The defense’s claims regarding his inability to remember dates (such as the death of his wife) were dismissed as consequences of emotional stress rather than clinical memory deficits.

Defense Opposition

Defense attorneys contested the domestic findings, arguing that an evaluation in 2026 cannot accurately reflect the defendant’s mental state in 1999. Attorney Miodrag Brkljač downplayed Stojanović’s military service, stating he was merely a “soldier with a shovel” (engineer) which required little intellectual capacity.

The defense specifically requested a super-expertise in Skopje, alleging contradictions between previous reports. However, Prosecutor Armend Zenelaj argued that the current reports are harmonized and sufficient.

Court’s Decision and Trial Postponement

Presiding Judge Rrahman Beqiri concluded that the criteria under Article 510 of the Criminal Procedure Code for declaring a defendant unfit were not met. “The court finds that the defendant Nenad Stojanović is capable of facing the procedures in this criminal case,” Beqiri stated.

Because the defense has the right to appeal this ruling to the Court of Appeals, the main trial has been postponed indefinitely.

Background: The 1999 Gjilan Massacre

The indictment filed by the Special Prosecution (PSRK) on December 27, 2024, alleges that on May 5, 1999, the defendants—acting as part of an armed group in Serbian police or military uniforms—raided several villages:

  • Inatoc (Kukaj) & Llovcë: Accused of killing a female victim (Xh.Z.) and stabbing a male victim (Rr.I.) before burning them both while Rr.I. was still alive.
  • Lugu i Elbishtës: Accused of executing four civilians and shooting another who survived his wounds.
  • Pogragjë: Accused of shooting fleeing civilians, resulting in the death of one person and the wounding of a two-year-old child.

All five defendants pleaded not guilty during their initial hearing in January 2025.