The European Union is facing refusals between Kosovo and Serbia regarding the exchange of information related to the investigation of the terrorist attack that occurred on September 24 last year in Banjskë, Zveçan.
According to EU officials, although they have noted the refusals made through media statements, they have not yet received an official notification. So far, only the Prosecutor’s Office of Bosnia and Herzegovina has provided information to Kosovo following a request from the Special Prosecutor’s Office of Kosovo.
Recently, the Government of Kosovo refused to provide Serbia with information regarding the role of Milan Radoiçiq and his group in planning and organizing last year’s attack.
“Until today, the EUSR (European Union Special Representative) has not received an official response from the Ministry of Justice of Kosovo regarding the case involving Mr. Radoiçiq and others. However, we have taken into account the statements made to the media by Kosovo Government officials regarding Serbia’s request, citing that it is contrary to the Law on International Legal Cooperation in Criminal Matters. Once the EUSR receives an official response from the Kosovo Ministry of Justice, it will review it,” said EU spokesperson Peter Stano on Monday.
On the other hand, Serbia has not provided any response to Kosovo’s requests regarding the case involving the former deputy leader of the Serbian List, a political party representing Serbs in Kosovo.
“As mentioned above, in October 2023, the Kosovo authorities requested that a request for mutual legal assistance be sent to Serbian authorities to obtain evidence and documents related to the case of Mr. Radoiçiq and others. To date, we have not received any response to this request from the Serbian authorities,” added Stano.
He also noted that, in accordance with the 2013 Agreement on Mutual Legal Assistance, amended in 2015, the EU Office in Kosovo facilitates the transmission of mutual legal assistance requests between Kosovo and countries that do not recognize it, including Serbia.
“The aim of this mechanism is to ensure judicial cooperation between Kosovo and countries that do not recognize it, including Serbia, and to facilitate access to justice for all, regardless of their nationality or residence,” said Stano.
“In July, the EUSR received a letter from the Serbian Ministry of Justice, which sent a request for mutual legal assistance from the High Public Prosecutor’s Office of Belgrade regarding the Banjskë/Banjska case. Based on its mandate, the EUSR in Kosovo forwarded this request to the Kosovo authorities. According to its mandate, the EUSR in Kosovo only facilitates the transmission of mutual legal assistance requests. It does not have a role in the judicial procedure itself. EULEX in Kosovo does not have a mandate to facilitate mutual legal assistance between Kosovo and Serbia,” Stano added, as reported by KOHA.
