The first to present the defense’s position was lawyer Nebojsha Vllajiq, counsel for Jovan Viqentijeviq, who initially submitted his opening statement in writing and then elaborated on it before the trial panel, Betimi për Drejtësi reports.

According to Vllajiq, the reason citizens turn to the court is their expectation of justice and the uncovering of the truth.

He stressed that the court has an obligation to be objective, impartial and to conduct the proceedings fairly, adding that the same obligation applies to the Prosecution. As he said, Article 7 of the Criminal Procedure Code stipulates that “the prosecutor is obliged to establish the facts in favor of and against the defendant with equal care.” Vllajiq added that the defense has proposed ten pieces of evidence.

The lawyer said the prosecutor is bothered by the fact that the defendant is exercising his legal right to remain silent, but according to him, is not bothered by what is being said now.

“The defendant will speak, but not while the prosecutor is hiding everything and refusing to admit our evidence,” he said.

Vllajiq further argued that the indictment was drafted in a one-sided, impermissible and unlawful manner.

“The items carried by the defendants are described as illegal, even though no law prohibits carrying a knife or a radio. Every citizen has masks and uniforms. The entire construction of co-perpetration between Jovan and Dragisha is wrong and unlawful; there are no such cases in Kosovo’s courts,” he said.

According to him, weapons were seized separately from the two brothers, yet they are charged with unauthorized possession of weapons in co-perpetration, which, he said, makes the criminal qualification more serious, with a punishment twice as harsh.

He also opposed the classification of espionage, saying it was made contrary to the law and that a state secret must exist for this element to be fulfilled. According to him, a view of the Police base in Zubin-Potok, the location of a police patrol, and who the Police director is do not constitute a state secret, because a secret is something defined by law.

The position presented by his lawyer was also supported by defendant Jovan Viqentijeviq himself.

Dragisha Viqentijeviq’s lawyer, Millosh Deleviq, also submitted his opening statement in writing.

During its presentation, Deleviq said that although they had read the indictment and heard the prosecutor’s opening statement, it was still not clear to him what specific action his client is alleged to have committed.

“What exactly did he do that day? If anyone in the courtroom is clear on that, I ask you to stop me after the hearing and explain to me what this man did. This indictment and what the special prosecutor stated describe the event that happened that day. I truly do not know how long the first-instance court will tolerate the SPRK submitting indictments with this kind of content and how long we will tolerate these indictments entering into force and coming to judicial review,” Deleviq said.

He added that the operative part of the indictment uses general and collective wording, such as “they came,” “they placed explosives,” “they lit the fuse,” but without clarifying which of these actions was specifically carried out by Dragisha Viqentijeviq.

“In relation to Dragisha Viqentijeviq, it is assumed there is evidence that the soil/mud on the boots is from the crime scene, but we have not established on what basis the SPRK claims those boots belong to Dragisha Viqentijeviq, while not even proposing the expert who drafted this expert report so that we would have the right to ask questions or challenge this finding or the expert’s conclusion,” Deleviq said.

According to him, during the examination of evidence, the Prosecution will not be able to prove Dragisha Viqentijeviq’s guilt, since it is not known which specific act is attributed to him.

Deleviq said the defense will propose at least four witnesses to prove his alibi, and will also seek to secure two recordings from KEK and in Zubin-Potok.

He also said that Ernest does not qualify for the status of injured party because, according to him, he had no obligation to be at the scene.

Dragisha Viqentijeviq also stated that he fully supports his lawyer’s statement.

On the other hand, lawyer Jelena Kripokapriq, counsel for Igor Dimoviq, said her client is accused of unauthorized possession of weapons because, according to the prosecutor’s opening statement, several items were found in his room that the Prosecution considers weapons and military equipment.

She said the indictment presents the opposite.

“My client is an avid collector of old items, including old household objects, which are rare, and this is neither about weapons nor military equipment. However, the Police, as is clearly seen, at that moment, which was truly a moment of panic, searched the houses near the Ibër-Lepenc canal, and my client’s house is near that canal,” she said.

According to Kripokapriq, this is why the items found in Dimoviq’s house were taken as valid evidence.

“Because at first, when the Police questioned him, he was charged with terrorism, for which I can thank the prosecutor because when we submitted evidence proving my client’s alibi and evidence of his health condition, he eliminated that criminal offense so that only the offense mentioned remains in the indictment,” Kripokapriq said.

In conclusion, she said they will use photographs to show what kind of items her client collected and that they pose no danger to anyone.

“They are insignificant, rusted parts from some weapon that God knows where it was used, and there is no offense here that should be sanctioned,” the lawyer said.

After the parties in the proceedings concluded their opening statements, the hearing was adjourned to continue on another date.

The post Defense for the accused in the Ibër-Lepenc case calls the SPRK indictment unlawful and one-sided, seeking to prove innocence appeared first on Albeu.com.

He said that Memçaj’s family had approached him to take on the defense of his rights. According to information provided by his relatives, Memçaj has lived in Croatia for years and owns several bakeries.

Koci stressed that he would examine the case seriously and would take all legal steps permitted by law to protect Avdi Memçaj’s rights. He also called on the institutions of the Republic of Kosovo to treat the case seriously and provide the necessary institutional support.

The lawyer also raised concerns over the growing number of cases involving the detention of Kosovo citizens while passing through Serbia. According to him, in some cases there have also been reports of the contents of mobile phones being checked.

He called on citizens that, if they face such situations, they should inform the institutions of the Republic of Kosovo and, when necessary, seek legal assistance, so that a full picture of the situation can be established and there can be a timely response.

Full post:

Since May 20 in pre-trial detention in Serbia, under suspicion of inciting hatred through social media.

Avdi Memçaj was arrested on May 20 at the Merdarë border crossing and since that day has been in pre-trial detention in Serbia, according to information given to me by his family.

His family members contacted me asking me to get involved in defending Avdi Memçaj’s rights.

According to them, Avdi Memçaj has for years lived in Croatia, where he owns several bakeries.

They did not make the case public until today because they feared that this could have consequences both for Avdi Memçaj and for his family, as they often pass through Serbia to come to Kosovo.

I will examine this case seriously and will undertake all legal actions permitted by law to protect his rights.

I expect the institutions of the Republic of Kosovo to treat this case seriously as well and to provide the necessary institutional support for the protection of Avdi Memçaj’s rights.

At the same time, I also want to share a concern.

Recently, I have been receiving more and more information about the detention of citizens of the Republic of Kosovo while passing through Serbia. In some cases, I have also been told that the contents of their mobile phones were checked.

I call on citizens that, if they face such situations, they should inform the institutions of the Republic of Kosovo and, as needed, seek legal assistance. Only in this way can a full picture of the situation be created and a timely response be made.

The post Arianit Koci gives details on Avdi Memçaj, detained in Serbia since May 20 appeared first on Albeu.com.

According to Koci, Memçaj’s family approached him with a request to take on the defense of his rights. He said that Memçaj has lived in Croatia for years and owns several bakeries there.

The lawyer stressed that he will pursue the case seriously and will use all necessary legal means. He also called on Kosovo’s institutions to provide the necessary institutional support.

Koci also expressed concern about the growing number of cases in which Kosovo citizens are being detained while passing through Serbia, urging them to report such situations to the responsible institutions.

Full post:

In Serbia, in pre-trial detention since May 20, on suspicion of inciting hatred through social media.

According to the information his family has given me, Avdi Memçaj was arrested on May 20 at the Merdarë border crossing and has been in pre-trial detention in Serbia since that day.

His family members have asked me to become involved in defending Avdi Memçaj’s rights.

According to them, Avdi Memçaj has lived in Croatia for years, where he owns several bakeries.

Until today, they had not made the case public, out of fear that this could have consequences both for Avdi Memçaj and for his family, as they often pass through Serbia to come to Kosovo.

I will treat this case seriously and will undertake all legal actions permitted by law to protect his rights.

I expect the institutions of the Republic of Kosovo to also examine this case seriously and offer the necessary institutional support for the protection of Avdi Memçaj’s rights.

At the same time, I also want to raise a concern.

Recently, I have been receiving more and more information about the detention of citizens of the Republic of Kosovo while passing through Serbia. In some cases, I have also been told about checks of the contents of mobile phones.

I call on citizens that, if they face such situations, they inform the institutions of the Republic of Kosovo and, when necessary, seek legal assistance. Only in this way can a full picture of the situation be created and a timely response ensured.

The post Arianit Koci takes on the defense of Avdi Memçaj, detained in Serbia appeared first on Albeu.com.

“You have not said why Milan Radoičić is on a red notice. It is not because of a crime, but because of Kosovo,” Vučić said during a press conference.

According to security expert Valdet Hoxha, the public support the Serbian president is giving to Milan Radoičić highlights, as he puts it, the Serbian state’s involvement in organizing and supporting the terrorist attack in Banjska.

Hoxha stresses that the investigation conducted by Kosovo’s Special Prosecution, in cooperation with international partners, has secured evidence which, according to him, links Serbia to this attack. According to him, the protection being afforded to Radoičić aims to diminish Belgrade’s responsibility.

“The defense that Vučić is providing to Radoičić and the criminal group that carried out the attack in Banjska in the Republic of Kosovo is proof that this criminal group led by Radoičić, and the terrorist attack against the country’s sovereignty and against the constitutional order, was planned, organized, financed, and trained by the Serbian state itself.

The role of the Serbian state, through its military and intelligence-security structures, in the terrorist attack against the constitutional order of the Republic of Kosovo, as well as the purpose of this act, has also been confirmed by a professional investigation by the Special Prosecution of the Republic of Kosovo, with the help of law enforcement mechanisms of international partners. Therefore, Vučić, faced with this competent and professional evidentiary situation, is trying to grant amnesty to Radoičić by taking him under his protection, in an effort to reduce the responsibility of the Serbian state,” he says.

He assesses that Vučić’s stance should be seen as an alarm signal for international partners because, according to Hoxha, these statements show that nationalist rhetoric continues and that Radoičić’s actions are being justified.

Likewise, Hoxha calls for Radoičić and his associates to be brought to justice, underscoring that Kosovo should continue, in coordination with international partners, efforts to arrest them.

“This stance by Vučić should also be an alarm for international partners because it clearly shows that Vučić continues with nationalist rhetoric and that by using terms such as ‘Radoičić is not on the red notice because of crime but because of Kosovo,’ he makes it known that Vučić and the Serbian state not only see intervention in Kosovo as an option, but also justify it as a mode of action.

Radoičić and the criminal group that carried out the terrorist attack against the constitutional order of the Republic of Kosovo must and will sooner or later face the justice of the state of Kosovo, and Kosovo must take every procedural step, in coordination and cooperation with other friendly countries, for the arrest of Radoičić and his associates,” he concluded for “Bota sot”.

The post Hoxha: Vučić’s statements on Radoičić show Serbia’s involvement in Banjska and should concern the international community appeared first on Albeu.com.