Delevic: Appeals Court rejects Popovic’s complaint, serious violation of procedural guarantees and urgency principle

The Court of Appeals in Pristina has rejected the appeal filed on July 21 by the defense of Igor Popovic, Assistant Director of the Office for Kosovo and Metohija, thereby upholding the Basic Court’s decision to impose 30 days of pre-trial detention. Attorney Milos Delevic, who represents Popovic, told Kosovo Online that although the ruling is final, it constitutes a serious breach of the defendant’s procedural guarantees — particularly the principle of urgency in detention decisions.

“The alleged ‘reasonable suspicion’ that Popovic committed a criminal offense is based solely on a speech delivered at a commemoration, which contains no incitement to violence nor any elements of criminal liability. It is a historical reflection and political opinion — which is a right guaranteed to every individual,” Delevic stated.

He added that the court took several days to rule on the appeal, despite the law clearly stipulating that decisions on detention must be made urgently and without undue delay, “precisely due to the gravity of the measure, which restricts the right to liberty.”

“Unjustified delays in proceedings represent a violation of the right to a fair trial under Article 6 of the European Convention on Human Rights,” Delevic emphasized.

According to him, the Appeals Court’s reasoning failed to provide clear and concrete justification for its conclusion that Popovic posed a flight risk. It also disregarded the fact that the accused was present in Kosovo in an official capacity and had fully cooperated with judicial authorities.

“This undermines the principle of individualization of detention decisions,” he added.

Delevic announced that the defense would file a motion for the protection of legality with the Supreme Court of Kosovo, asserting that both substantive and procedural law were violated to the detriment of the accused.

“We believe the highest judicial authority will recognize these irregularities and render a decision in accordance with the law and the Constitution,” Delevic concluded.

Popovic was arrested on July 18 at the Brnjak border crossing for remarks about the KLA made during a commemoration for Serbian victims in Orahovac. He was subsequently remanded to 30 days of pre-trial detention.