Pristina court orders Jaksic and Bisevac detained for up to 30 days

The Basic Court in Pristina today ordered up to 30 days of pre-trial detention for Serbs Momir Jaksic and Miljko Bisevac, who were arrested in Zubin Potok on suspicion of committing war crimes against the civilian population in the Mitrovica region in 1999.

The court announced that the detention of Jaksic and Bisevac was ordered at the request of the Kosovo Special Prosecution.

"Following the hearing, the pre-trial judge approved the request of the Special Prosecution and ordered detention for up to one month for each of the suspects. The court found that detention is an appropriate measure because there is a genuine risk that, if released, the suspects could flee in order to evade criminal responsibility. Given that the suspects are also citizens of Serbia, there is a real possibility that they could become unavailable to the judicial authorities, thereby preventing their presence during the proceedings and obstructing their smooth conduct," the Basic Court in Pristina said in a statement.

In addition, the court found that, if released pending trial, the suspects could influence evidence and witnesses, concluding that detention is "at this stage the only appropriate measure to ensure the unhindered conduct of the criminal proceedings."

Following the hearing, Momir Jaksic's defense attorney, Milos Delevic, stated that his client is charged with the criminal offense of war crimes against the civilian population under the principle of command responsibility. He added that the defense had requested house arrest during the hearing.

Delevic also argued that, following the detention of Jaksic and Bisevac, the police and the Special Prosecution had abused the provisions of the Criminal Procedure Code.

"Two hours after he was brought to Pristina, I reported to the police station and identified myself as his lawyer. Believe it or not, they took his statement twice without my presence—once as a witness and once as a suspect. That simply does not happen anywhere in the world today. I identified myself as his lawyer, yet I was denied the right to attend the questioning and even to see him. He was also prevented from contacting his family for two days, leaving them unaware of where he was or what had happened to him. At the very least, this warrants the dismissal of the prosecutor and disciplinary proceedings against the investigators involved," Delevic said.

Attorney Dejan Vasic, who represents Miljko Bisevac, stated that the case is linked to the excavation being carried out in Zubin Potok, but stressed that neither Jaksic nor Bisevac is suspected of murder.

"The investigation has been initiated in connection with events currently taking place in the village of Mala Kaludra, where the police are conducting an exhumation in search of a number of victims of the 1999 conflict. The two defendants are not suspected of killing those people. One of the suspects was a member of the reserve forces of the Yugoslav Army at the time, while my client was an ordinary army reservist. He is accused solely of having buried the victims. This is the first time I have ever heard that burying those who were killed has been classified anywhere as the criminal offense with which he is now being charged," Vasic said.

Arbnora Ljuta, spokesperson for the Special Prosecution, stated that the prosecution remains committed to establishing all the facts surrounding the case.

"In order to protect the integrity of the investigation at this stage, we cannot disclose additional information or comment on the ongoing exhumation process. Any confirmation regarding that can only be provided after forensic experts and the other competent institutions complete their examinations and the identification process," Ljuta said.

Five Serbs were detained in Zubin Potok on Monday evening. Three of them, all from the village of Crepulja, were released after several hours of questioning, while Momir Jaksic from the village of Donji Jasenovik and Miljko Bisevac from the village of Kaludra were placed in police custody for up to 48 hours.

The Kosovo Police stated that the two men had been arrested on suspicion of having "committed crimes against the civilian population during the 1999 war, in which 23 Albanian civilians were killed."

The Serbian Government's Office for Kosovo and Metohija stated that the arrests represent another act of pressure by the authorities in Pristina against Serbs in the municipality of Zubin Potok, following what it described as the unlawful demolition of Serbian-owned weekend houses near Gazivode Lake.