Antonijevic: Popovic’s remarks cannot be grounds for criminal liability

Lawyer Milan Antonijevic stated for Kosovo Online, regarding the arrest and detention of the Assistant Director of the Office for Kosovo and Metohija, Igor Popovic, that in a democratic society everyone must have the right to raise and examine all issues—especially those concerning the responsibility of the KLA for crimes committed against Serbs. He emphasized that, in Popovic’s case, everything said at the gathering in Orahovac is already part of ongoing trials in The Hague and cannot be subject to criminal liability.

"In every democratic society, one has the full right to raise and examine all issues, particularly those related to the responsibility of the KLA for crimes against Serbs. I believe this is especially necessary in Kosovan society, as demonstrated by previous court rulings that have taken the position that even other, more controversial issues can fall under the protection of freedom of expression. Let us not forget that crimes committed by the KLA are currently being prosecuted in The Hague, and that all the matters raised at the gathering in Orahovac are under investigation by the court, witnesses, and the families of victims who have given statements. Therefore, this issue belongs firmly within the realm of freedom of expression and must not, under any circumstances, be threatened—especially not through criminal liability, as is being attempted in this case," Antonijevic stated.

Asked how Popovic’s statements about the KLA differ from anything previously heard before the Special Court, Antonijevic stressed that Popovic’s remarks are in no way different from earlier testimonies.

"No, in any sense, what was said in Orahovac does not contradict the testimonies before the court prosecuting KLA crimes in The Hague, nor does it contradict previous assessments made by the U.S. State Department regarding the KLA and other related matters. Therefore, this is clearly a matter of freedom of expression, and it must not be criminalized or persecuted in any way, as doing so truly narrows the space for open discussion about crimes, about victims, and for these issues to be addressed in a proper and constructive way for the future of our region," Antonijevic emphasized.