The Special Prosecution of the Republic of Kosovo has asked the Basic Court in Pristina, Special Department, to order the pretrial detention of nine people suspected of “War crimes against the civilian population.”
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According to the request obtained by “Betimi për Drejtësi,” the suspects include Dragan Gjuriq, Millosh Raskoviq, Miroslav Radojeviq, Radisav Raskoviq, Sasha Gjukiq, Svetislav Gjukiq, Vukoje Lepoviq, Rangel Raskoviq, known by the nickname “Lane,” and Dalibor Gjuriq.
The prosecution links them to the case known as the “Intellectuals Group,” concerning the killing and disappearance of 23 Albanian civilians in the territory of Zubin-Potok. According to the case file, the victims were first detained, then robbed and mistreated, and ultimately executed. After the killings, the suspects allegedly tried to burn the bodies with gasoline and mutilated them with blunt instruments.
The main incident, according to the suspicion indictment, took place on April 19, 1999, during the war in Kosovo. On that day, Dragan Gjuriq, Milomir Radojeviq, Millosh Raskoviq, Miroslav Radojeviq, Radisav Raskoviq, Sasha Gjukiq, Svetislav Gjukiq, Vladan Tomaseviq, Vukoje Lepoviq, Rangel Raskoviq, nicknamed “Lane,” Jovica Utviq and Dalibor Gjuriq, together with other people identified by the prosecution as members of the military Territorial Defense, allegedly mobilized and armed themselves with various types of weapons.
The group, operating in the villages of Zubin-Potok, detained 23 Albanian civilians at a place called Melaja, in the village of Kalludër e Vogël. According to the prosecution, after being detained, they were robbed and abused, then killed.
The identified victims are Adem Ademi, Demir Ahmeti, Idriz Rreci, Adem Beqiri, Hasan Dervari, Sahit Barani, Fatmir Fazliu, Ali Haliti, Bekim, Naser, Sali, Samir, Selim, Shaqir, Tahir, Gjemajl, Gjevdet and Zymer Meziu, Faton, Mahit, Nazmi, Shaip and Shkelzen Ujkani.
Twenty of the 23 civilians are still listed as missing. Three victims have been identified through DNA analysis.
The case file alleges that the suspects, in cooperation with other identified individuals, buried the bodies at the bottom of a meadow in Melaja, in Kalludër e Vogël, near the river. According to the prosecution, the bodies were buried to conceal evidence of the crime.
On April 20, 1999, at around 10:00 a.m., the suspects allegedly returned to the same place. They first took the bodies of 13 victims they had killed and began burning them with gasoline. When they ran out of gasoline, they allegedly struck and dismembered the corpses with axes, a hammer, a pickaxe and other blunt instruments. The bodies were then buried near the river, about 200 meters from where the killings had taken place.
The prosecution also links the suspects to an incident on April 18, 1999, when, according to the case file, Sahit and Sadete Feka, Deli Isufi and Rabije Isufi were shot and killed.
After the killings, the victims were allegedly buried in the village of Jabukë in Zubin-Potok. Meanwhile, witness and injured party Muharrem Feka was separated from the group. According to the description in the case file, he was first physically assaulted and then ordered to put his hands behind his head and head toward the mountains.
As Feka was leaving, the defendants allegedly fired at him, wounding him in the head and chest. He fell and lost consciousness, but when he came to, he heard gunshots and noticed that his family members, fellow travelers and the police were no longer at the scene.
In serious condition, Feka continued through the mountains to the village of Germovë, where a neighbor who worked as a medical technician gave him first aid.
By these actions, the defendants are suspected of committing the criminal offense of “War crimes against the civilian population,” provided for and punishable under Articles 142 and 22 of the Criminal Code of the SFRY, and currently criminalized under Articles 31 and 153 of the Criminal Code of the Republic of Kosovo.
The prosecution alleges that the actions were carried out in violation of Common Article 3 of the four Geneva Conventions of August 12, 1949, as well as Articles 4 and 5 (1) of Protocol 3 of June 8, 1977, annexed to the 1949 Geneva Conventions, and all rules of international law in force during the armed conflict in Kosovo.
Special Prosecutor Florije Salihu-Shamolli has requested the defendants’ pretrial detention, finding that the measure is necessary to ensure their presence in the criminal proceedings. According to the request, the legal conditions set out in Article 184, paragraph 1, subparagraphs 1 and 2, points 1.2.1 and 1.2.2 of the Criminal Procedure Code have been met.
One of the reasons cited by the prosecution is the risk of flight. It says the defendants are Serbian citizens and residents of Serbia, and hold passports issued by the Republic of Serbia that allow them to travel anywhere in the world without being subject to visa requirements.
The prosecution also stressed that the Republic of Serbia does not cooperate in any way with the Republic of Kosovo on matters related to war crimes. For this reason, if the defendants were to flee to Serbia, Kosovo’s justice authorities would be unable to ensure their presence in court proceedings.
Another risk identified is the possibility that, if released, the defendants could influence witnesses and injured parties or coordinate with other co-perpetrators. The prosecution explained that the case is still under investigation and not all witnesses who could provide information about the manner, circumstances, means, time and place of the crimes have been interviewed.
According to the prosecution, there is also a possibility that the suspects may try to destroy or damage material evidence. For this reason, and taking into account the nature of the crimes, the circumstances in which they were committed, and the defendants’ conduct from the end of the war until now, other measures to ensure their presence have been deemed insufficient.
The prosecution has concluded that pretrial detention is an appropriate and necessary measure at this stage of the criminal proceedings.
