28 years awaiting justice: Experts assess the significance of the indictment against 35 suspects over the Prekaz crimes

After almost three decades, Prekaz is entering a new chapter in the effort to uncover the truth. On Friday, the Kosovo Special Prosecution Office filed an indictment with the Basic Court in Pristina against 35 people accused of war crimes against civilians during the operation by Serbian forces in the Jashari neighborhood on March 5, 6 and 7, 1998.

The indictment calls for a trial in absentia, as the prosecution believes the defendants are still alive, but Kosovo authorities have exhausted all avenues to secure their participation in the proceedings.

Blerim Isufaj, chief prosecutor of the Special Prosecution Office, described it as the first indictment of its kind directly connected to the killings of civilians in the Jashari family and community.

According to the prosecution, the investigation did not focus solely on the fact that the attack took place, but also examined how it was organized and commanded. Prosecutors say they have managed to identify the units involved in the operation, their positions on the ground, the chain of command, the specific roles of the accused, the weapons used and the consequences of the attack.

Among the 35 people named in the indictment, the only full name made public is that of Milorad Ulemek, known by the nickname “Legija.” The prosecutor in the case, Valdet Gashi, said that Ulemek was in charge of Serbia’s Special Operations Unit and allegedly assumed command of the direct assault on Shaban Jashari’s home.

The prosecution stresses that the operation was not a spontaneous action by troops on the ground, but a carefully planned operation coordinated by senior leadership within the Serbian police’s special structures.

The vast majority of the defendants are identified by their initials: J.S., V.D., S.L., G.R., M.U., Z.T., Z.S., S.V., B.C., Z.M., R.S., V.T., B.P., R.M., M.S., S.I., N.S., B.F., Z.B., C.B., Z.R., D.I., S.M., V.J., M.L., R.C., S.P., N.M., V.R., D.Z., O.S., B.D., L.C., I.T. and M.B.

Information published by the Special Prosecution Office indicates that the indictment covers 26 civilian victims killed in the Jashari neighborhood, the youngest of whom was only five years old. It also alleges that residents of the area were taken hostage and subjected to torture.

It is now up to the Basic Court in Pristina to review the case file and determine the criminal responsibility of each defendant.

Lawyer Gazmend Halilaj considers the filing of the indictment an essential step toward establishing individual criminal responsibility for acts committed during the conflict in Kosovo. He stresses that time must not be an obstacle to justice and that war crimes require rigorous, professional and fact-based treatment.

“The indictment for the war crimes in Prekaz is an important step toward justice. Its filing by the Special Prosecution Office for the crimes committed in the Jashari neighborhood in Prekaz, Skenderaj, represents a development of particular legal and historical significance. From a legal perspective, this action contributes to establishing individual criminal responsibility for acts committed during the war in Kosovo. Justice must not be obstructed by the passage of time, while war crimes require serious, professional and evidence-based treatment. The fact that, according to the prosecution, all 35 people identified as suspects in the attack are still alive is of particular importance for the development of the criminal proceedings. This creates the possibility of examining the potential criminal responsibility of each of them individually before a court, while respecting all procedural safeguards and the right to a fair trial,” Halilaj told “Bota sot.”

Regarding war crimes, Halilaj emphasizes that the evidence and testimony collected over the years are of paramount importance. “Following the filing of the indictment, the proceedings continue in accordance with the relevant provisions of criminal procedure. The court must review the indictment and the conditions for continuing the proceedings, while during the trial the prosecution must present sufficient and convincing evidence to establish the individual criminal responsibility of the accused. In war-crimes cases, the evidence and testimony collected over the years are of exceptional importance. The passage of more than two decades makes the preservation, verification and professional assessment of the evidence even more important, including witness testimony, documents, archival materials and any other relevant evidence,” the lawyer added.

For Halilaj, justice for the victims in Prekaz goes beyond a purely legal dimension; it is an obligation. He stresses that the victims deserve justice, but that justice must be based on law and evidence. “Justice for the victims of Prekaz is not merely a legal issue. It is also an institutional and moral obligation toward those who lost their lives and their families. Nevertheless, in a state governed by the rule of law, criminal responsibility must be determined solely by a court and solely on the basis of evidence examined in a proper judicial process. War crimes must not be forgotten. The victims deserve justice, while justice must be based on law and evidence,” he concluded.

Analyst Skënder Zogaj, meanwhile, stresses that unresolved crimes and unpunished perpetrators keep the wounds of war open, creating the risk that they will be repeated. He considers the filing of the indictment over the Jashari massacre an extremely important and appropriate action.

“Uncovering war crimes is a vital duty of all state and civic institutions in Kosovo. Unresolved crimes and their unpunished perpetrators keep the wounds of war open, undermine justice and leave room for such crimes to be relativized, denied or, under other circumstances, repeated. But beyond this risk, an unresolved wound remains forever open for the victims’ families. They do not deserve to experience the pain twice over: losing their loved ones and, at the same time, being denied justice for the crime that took them away. In this sense, the filing of the indictment over the Jashari massacre is an extremely important and well-directed step toward uncovering the truth and establishing justice,” Zogaj told “Bota sot.”

According to him, the fact that the 35 suspects are still alive increases the significance of the proceedings. He emphasizes that fully clarifying the events and identifying the perpetrators would help shed light on one of the darkest chapters of the war in Kosovo.

“The significance of this indictment is extraordinary because it is based on testimony and evidence intended to document the crime and identify its perpetrators. The fact that it concerns 35 suspects who, according to the indictment, are still alive and may face justice makes this process even more important. It is now up to the court, on the basis of the evidence and in accordance with the law, to deliver its verdict. The impact of this process is historical. The victims of the Jashari massacre are concrete and indisputable evidence of the tragedy Kosovo experienced during the war. They are part of our national memory and a testament to the high price paid for freedom. Therefore, fully uncovering the crime and identifying the perpetrators would help shed light on one of the darkest pages of the war in Kosovo. There was no equal military confrontation in Prekaz. Unarmed civilians, women, children and elderly people were killed there. The scale of this massacre demands that justice speak through evidence, facts and individual responsibility. What is being sought is not revenge, but justice; not the punishment of a people, but accountability for those who committed crimes. The judicial process is the fairest and most credible path to uncovering the truth,” the analyst emphasized.

According to Zogaj, the indictment over the Jashari massacre could become powerful evidence of concrete responsibility for the crimes committed against Kosovo Albanians. He adds that uncovering the massacre would mark an important step toward healing one of Kosovo’s deep wounds.

“The indictment filed over the Jashari massacre, through the identification of the suspects and the presentation of evidence, could become powerful proof of concrete responsibility for the crimes committed against Kosovo Albanians. Justice for the victims of Prekaz is not only a legal obligation; it is a human, historical and moral obligation. The victims’ families have the right to know the truth, society has the right to know its history, and institutions have a duty to ensure that war crimes do not remain nameless, without accountability or without justice. Uncovering the Jashari massacre would be an important step toward closing one of Kosovo’s deep wounds and proof that, in the end, truth and justice must prevail over oblivion, denial and impunity,” he concluded.

The register of the fallen of the Jashari family’s battle includes the names Adem Sh. Jashari, Adile B. Jashari, Afete H. Jashari, Afije A. Jashari, Ajvaz K. Jashari, Ali R. Jashari, Avdullah Z. Jashari, Bahtije M. Jashari, Beqir B. Jashari, Besim H. Jashari, Blerim H. Jashari, Blerim Z. Jashari, Blerina H. Jashari, Bujar Z. Jashari, Elfije S. Jashari, Elheme U. Jashari, Faik T. Jashari, Fatime H. Jashari, Fatime S. Jashari, Fatime Xh. Bazaj, Feride R. Jashari, Fitim A. Jashari, Hajrije Z. Jashari, Hajzer Z. Jashari, Halil B. Jashari, Halit I. Jashari, Hamdi S. Jashari, Hamëz Sh. Jashari, Hamide A. Jashari and Hamit H. Jashari.

The list also includes Hanife Z. Jashari, Hidajete R. Jashari, Igball R. Jashari, Igballe R. Jashari, Isak F. Halili, Kajtaz M. Jashari, Kushtrim A. Jashari, Lirie H. Jashari, Mihrije F. Jashari, Murtez Z. Jashari, Nazmi Z. Jashari, Osman Sh. Geci, Qazim O. Jashari, Qerim H. Jashari, Ramiz S. Jashari, Sabrije Z. Jashari, Sadik H. Jashari, Salë Sh. Jashari, Selvete H. Jashari and Shaban M. Jashari. Completing the list are Shahin Q. Jashari, Sherif B. Jashari, Sinan R. Jashari, Smajl A. Jashari, Smajl Xh. Bazaj, Ukshin Q. Jashari, Valdete R. Jashari, Zahide Sh. Jashari and Zarife B. Jashari. Among them were children, women, men and elderly people.