How to Proceed with the Trial in Absentia Against Radoičić

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The indictment filed by Kosovo’s Special Prosecutor’s Office against Milan Radoičić and 41 other individuals remains stalled, with no clear timeline for the trial to begin. Lawyers suggest that the Special Prosecutor’s Office may need to amend the indictment to enable the trial in absentia to proceed.

More than four months have passed since the indictment was issued for the terrorist attack in Banjska, Zveçan, involving Radoičić and 44 others. While the trial has started for three defendants, the process for the remaining 42 individuals, including Radoičić, has yet to move forward, as they remain unreachable by Kosovo’s justice system.

Arianit Koci, the attorney representing the family of the police officer killed in the attack, emphasized that this case should be prioritized:

“This is a matter of special importance. Kosovo’s constitutional order was endangered, so I believe priority should be given to addressing this case and initiating the trial. I am prepared for both scenarios, whether it involves a trial in absentia or other legal mechanisms,” Koci told TV Dukagjini.

Naim Rudari, the lawyer representing one of the police officers injured on September 24, stated that the Special Prosecutor’s Office could resolve this issue if the court requests amendments to the indictment:

“The court could easily begin the trial in absentia, or alternatively, request the prosecution to amend the indictment. A minor, cosmetic change to the indictment would be sufficient to allow the trial to start without further delays,” said Rudari.

The Special Prosecutor’s Office has yet to comment on whether the indictment against Milan Radoičić and others could be modified to facilitate the trial in absentia.

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