An important step for justice”: Attorney Jashari comments on Prekaz indictment and trial in absentia

On Friday, the Kosovo Special Prosecution filed an indictment against 35 people suspected of committing war crimes against civilians during the operation in the Jashari neighbourhood of Lower Prekaz on March 5, 6 and 7, 1998.

The indictment states that the defendants, who are suspected of having been part of the leadership structures of Serbia’s Special Police Units, participated in planning, coordinating and directing the operation.

According to the Prosecution, tanks, heavy artillery and other military equipment were used during the attack. The victims included civilians, including women, children and elderly people. The indictment also mentions the hostage-taking, mistreatment and torture of civilians, as well as the destruction of property and civilian facilities.

Chief Prosecutor Blerim Isufaj described the indictment as an important development for justice, stressing that it is the first case related to the killing of civilian members of the Jashari family in Prekaz.

“The case has been handled with particular care, with the aim of proving the allegations brought before the court,” Isufaj stated.

Attorney Arber Jashari reacted to the development in a statement to “Bota sot”, describing the indictment as a major event for justice in Kosovo.

“The filing of the indictment by the Special Prosecution regarding the massacre in the Jashari neighbourhood in Prekaz is a major event for Kosovo’s justice system. This is because those responsible for causing that massacre now have names and surnames, and are publicly known. The fact that they are alive still gives hope that many of them potentially will not die without being branded guilty of war crimes,” Jashari stated.

According to him, although the suspects are outside the jurisdiction of Kosovo’s institutions, proceedings against them can continue through a trial in absentia.

“Naturally, for the time being they are inaccessible to law enforcement authorities; nevertheless, a trial in absentia will be conducted against them, in accordance with Article 303 of the Criminal Procedure Code, and they may also be found guilty of the crimes committed in that trial,” the attorney stressed.

Jashari stated that the years that have passed have not weakened the case, since, according to him, the evidence collected and included in the indictment is sufficient to support the suspicion against the defendants.

“In this specific case, based on what we have seen, despite the years that have passed, the prosecution’s indictment is supported by evidence that is sufficient to establish a well-founded suspicion that the defendants committed the criminal offences with which they are charged,” Jashari concluded.

Case prosecutor Valdet Gashi described the investigation as complex and difficult. Following the completion of this phase, the case was sent to the Basic Court in Pristina, specifically its Special Department, together with a request to conduct a trial in absentia.

The operation carried out in Prekaz on March 5, 6 and 7, 1998 is considered one of the gravest episodes of the war in Kosovo. Dozens of members of the Jashari family and other people were killed during it. For years, no court proceedings were held in Kosovo against those suspected of responsibility, while the indictment filed on Friday seeks to have criminal responsibility examined through judicial proceedings.