The clash between the Government and the European Union over the investigations into the Banjskë attack raised discussions about who should send an investigative report on this attack to the EU. Legal experts state that the prosecution doesn’t send reports to anyone; it conducts investigations, and for sanctioning Serbia, the source should be the Government’s report.
Local lawyers assert that the Special Prosecution is on the right track in gathering evidence to convince the Court that despite numerous efforts, securing the presence of the defendants in the proceedings has been impossible.
Lawyer Ardian Bajraktari told Ekonomia Online that the Special Prosecution Office of the Republic of Kosovo (PSRK) is on the right path to raise an indictment for this case within this year. He believes the best approach for now is a trial in absentia.
“I have the impression that the Special Prosecution is working intensively in investigating this event, and it is within the deadlines set by the provisions of the Criminal Procedure Code, specifically Article 157. I am optimistic that within this year, an indictment will be raised against Radojčić and others,” said Bajraktari.
“We must also consider the fact that the defendants currently continue to use Serbia as their shelter. Therefore, the only alternative in these circumstances remains the issue of trial in absentia. According to Article 303 of the Criminal Procedure Code, the Prosecution needs to make additional efforts to convince the Court that it has made reasonable efforts, and despite these efforts, it has been impossible to secure the presence of the defendant in the proceedings. Naturally, all these factors make this situation more complex, but as I said, I am very optimistic that within this year, an indictment will be raised for this case,” Bajraktari continued.
The statement from the EU spokesperson, expecting a report from Kosovo institutions to further analyze Serbia’s role in the Banjskë case, is considered very significant by lawyer Bajraktari.
He mentioned that mechanisms involved in security in the northern part, such as EULEX and KFOR, should be included.
“In this regard, the production of a report to see Serbia’s role and responsibility, or involvement, would be extremely important. For the report to be credible and trustworthy, mechanisms with roles and responsibilities in security, especially in the northern part, such as EULEX and KFOR, should be included. It would be best if they had an active role, but at least as observers. Such a report would substantiate some of the claims made by us and political figures, as Serbian authorities are behind the attack on September 24th of last year,” Bajraktari explained.
Meanwhile, another lawyer, Tomë Gashi, is not very optimistic that an indictment will be raised for the “Banjska” case this year. He stated that the Special Prosecution should do its job and not set dates.
“I don’t believe dates should be defined, but I think we should let the Prosecution do its job. The better the Prosecution does its job and finds the facts to present in Court, the better it is for Kosovo and our legal system,” said Gashi.
Furthermore, regarding the Banjskë case, where EULEX and KFOR were involved, Gashi stated that they have a report which is in the hands of the USA. As for the EU’s foreign policy envoy, Josep Borrell, Gashi said he is playing a game in favor of Serbia.
“In addition to our Police and the competent bodies of the Republic of Kosovo, KFOR and members of the EULEX Police were present at the scene. KFOR compiled a report, and they have this report. Meanwhile, Borrell is playing Serbia’s game, pretending that Kosovo hasn’t sent a detailed or complete report on the investigations into this terrorist attack that occurred over nine months ago,” said Gashi to EO.
“Borrell knows very well, coming from a democratic country with a similar legal system, that politics cannot influence the judiciary. Borrell might be waiting for our Special Prosecution of the Republic of Kosovo to send him a full report on the ongoing investigations, which is impossible, and Borrell shouldn’t have requested such a thing. Knowing that Borrell’s mandate is expiring, he is superficially declaring that no sanctions or punishments against Serbia have been requested,” Gashi added.
Regarding Borrell’s statements, Gashi calls them weak and unhelpful for stability in the country, stating that Borrell is trying to buy time without proposing concrete punitive measures against Serbia.
“This isn’t the first time Borrell has made such weak statements that don’t help stability. He simply has no will or desire to draft a report. Given his important role, the EU or individual EU states should impose sanctions on Serbia. This is the truth; everything else Borrell demands is just buying time without proposing concrete punitive measures against Serbia for this severe terrorist attack, which Serbia likely planned to annex a part of our country,” Gashi told Ekonomia Online.
Regarding criticisms directed at the Special Prosecution, Gashi said that the Prosecution shouldn’t rush its work to identify the case so the trial can be held in Prishtina and the criminals can be punished.
“The Prosecution shouldn’t rush but should identify all those involved and those who instigated this terrorist act. Then, an indictment should be raised, and we believe all accused will be found guilty in the upcoming trial in Prishtina. We know there is international pressure, at least for Radojčić and those who carried out this terrorist attack, to face justice. We’ve had requests from the United States, repeated over time, but with these requests and words, we are halted until we see harsh sanctions against Serbia. This issue will be prolonged,” said Gashi to Ekonomia Online.
Furthermore, lawyer Tomë Gashi said that the investigation process might drag on without pressure from the USA and the EU.
“As long as they don’t face significant pressure from the USA and the EU, they will formally claim that the investigations are not completed and that we still need to see how the attacks were organized to potentially impose punitive measures on Serbia. This is, let’s say conditionally, just the final overture that Serbia has made. Given that in May, over 100 KFOR members were attacked, and without adequate punishments, Serbia almost received a green light from its highest state hierarchy to organize such terrorist attacks aiming to annex northern Kosovo,” said Gashi to Ekonomia Online.
Remember, it has been nine months since police sergeant Afrim Bunjaku was killed, and nine months since the leading Serbian paramilitary criminal Milan Radojčić has been free.
