It has been almost a week since the Supreme Court left it up to the basic Court of Pristina to decide further on how to proceed with the 42 defendants who are in absentia for the attack in Banjska.
Last week the Supreme Court announced that it does not give legal opinions on the First Instance Court’s dilemma and that it is at the discretion of judges to decide for themselves.
“We would like to inform you that the Supreme Court on September 30, 2024 has received a written request from the basic Court of Prishtina, for issuing a legal opinion regarding Article 303 par.7 of the CPC in the ‘Banjska ‘ case. After reviewing this request, the Supreme Court, through a written response, informed the applicant that ” it never gives legal opinions on the dilemmas that the court of first instance has in interpreting any provision during the proceeding of open criminal cases, which could later be raised in the Supreme Court of Kosovo”. Therefore, the Supreme Court considers that it is at the discretion of the judges to decide as they evaluate themselves,” the Supreme Court said.
The Supreme Court has yet to say how it will proceed.
The basic Court did not respond, while the prosecutor of the case Naim Abazi told television that they still do not have information on whether it will continue as they requested, to try them in absentia.
Lawyer Artan Qerkini says this case is the first of its kind and as such will establish a judicial practice.
“This is the first case after the entry into force of the Criminal Procedure Code, in which so serious murder is part of another criminal offense, for which trial in absentia is not foreseen, this case d.m.th. it will build the case law, and to build the case law it needs more commitment more time and it is understandable that this case will not be resolved quickly”, said Qerkini.
Further, according to him, the Criminal Procedure Code does not provide for trial in the absence of offenses that are accused of the same, but says that an option to facilitate the trial can also be considered supplementing the amendment of the CCPRK.
“We do not know how effective the Assembly is at a time when we are before the elections. If this happens, I think it can be done that way. However, it remains to be seen that this is still hypothetical. If such a thing happens, there is no dilemma, the law provides for detention in absentia for terrorism offenses and then it will be processed further. “There would be no problem in the court,” said the judge.
After the indictment was filed by the Special Prosecution of Kosovo, the trial started for three accused for the terrorist attack that took place on September 24, 2023, while the procedure was singled out against 42 other persons, including Milan Radoicic, as the leader of the terrorist group.
In the September 24 attack in Banjska, Zvecan, Sergeant Afrim Bunjaku was killed and two other members of the police were injured. translate
