Defense of Serbs arrested in Lipjan: Prosecution’s evidence on war crimes is vague and unsubstantiated

Boban Tonic and Nadica Cepkenovic, both ethnic Serbs, as well as Mirsad Ibra, a Gorani, who were arrested yesterday in Lipjan, are being charged with the criminal offense of war crimes against the civilian population as co-perpetrators, according to their attorneys, Jovana Filipovic and Predrag Miljkovic, following a detention hearing before the Special Court in Pristina.

The defense argues that the prosecutor presented vague and unsubstantiated evidence and failed to specify the exact acts the suspects are accused of.

Jovana Filipovic, attorney for Nadica Cepkenovic from Lipjan, emphasized that the suspects are being accused of committing war crimes against civilians during the 1998–1999 period.

“As for the specific acts attributed to them, absolutely nothing has been specified in this request for pre-trial detention. It is broadly stated that they were prison employees at the Priština facility, Lipjan branch, and that there were certain allegations against them concerning the mistreatment of detainees. However, there is no individualization, no identification of the victims, nor any explanation of how or in what manner harm was inflicted. There is not a single piece of evidence indicating that they committed the acts in question—not even the decision to initiate an investigation has been delivered. Unfortunately, we are accustomed to such legal violations by the prosecution to the detriment of the accused,” Filipovic stated.

She expressed hope that the prosecution would soon deliver the official decision on the initiation of the investigation to the defense.

“We will see whether they will act in accordance with the law, because, of course, they often attempt to quietly circumvent or ignore court orders,” Filipovic added.

She expects that the court will not impose detention.

“With regard to detention, we are awaiting the ruling and hope it will be positive—that no detention will be ordered. We expect the court to follow our proposals and, if it deems any measure necessary, impose a less severe one. There is no grounded suspicion, and therefore, no measure should be imposed,” she said.

Predrag Miljkovic, the attorney for Boban Tonic from Lipjan, claims that the prosecutor made generalized allegations of criminal acts and co-perpetration among the detained individuals. According to him, it would have been physically impossible for them to act together, as they were employed in different institutions and in different locations.

“These vague allegations are such that if Boban Tonic’s name were replaced with mine, it would be equally possible to prosecute,” Miljkovic emphasized.

He pointed out that there is no specific event, date, or act that Tonic is being charged with.

“It is only vaguely stated that he allegedly mistreated the population during the 1998–1999 war. Such a request is, in my view, unacceptable. The reasoning provided does not include a description of the evidence—only a few initials of people who supposedly claim something, though we do not know what they claim and are denied access to that information,” Miljkovic said.

He also noted that the defense requested access to parts of the alleged witnesses’ statements during the hearing, but this was denied.

“We asked for the decision on the initiation of the investigation, but were not given it—allegedly because it needs to be redacted to conceal the identities of other individuals. This is very unprofessional and vague conduct by the special prosecutor’s office. I would say it’s typical—I’m already familiar with their practices through previous experience,” Miljkovic added.

He also stated that he offered bail for Tonic in the form of a mortgage on his house and yard.

“As you well know, especially in war crimes cases, it is rare—tragically so—for anyone to walk out of this courtroom and go home after trial. Nevertheless, I hope the judge will understand our position and consider our objections,” Miljkovic concluded.

He emphasized that Tonic has lived and worked continuously in Lipjan and has never left the area.

Outgoing Minister of Internal Affairs Xhelal Sveçla announced yesterday that three Serbs were arrested on suspicion of committing war crimes against the civilian population. The court has ordered their detention for up to 48 hours.