Filipovic: Court too easily accepted detention measure, we will file an appeal

Attorney Jovana Filipovic, commenting on the decision to order detention for seven arrested directors of educational and healthcare institutions in Gracanica, stated that such a measure had been too readily accepted and announced that an appeal would be filed with the Court of Appeals.

Filipovic, who in this case represents Dr. Mirjana Dimitrijevic, Director of the Gracanica Health Center, emphasized that the justification given for ordering detention was the alleged risk of flight. She pointed out that three of those arrested had been in central Serbia at the moment they received the summons to give statements, yet voluntarily appeared before the authorities.

“Today, after 5 p.m., we were informed first by court security and then via email that detention had been ordered for all seven defendants who were questioned today before the Department for Serious Crimes of the Basic Court in Pristina. It is concerning that the court so easily accepted such a measure and the prosecution’s request on the grounds that there was a risk of flight. I must point out that three of the seven defendants were in central Serbia at the moment the police summoned them to give statements, and that they voluntarily came afterward. Therefore, had they intended to flee, hide, or in any way obstruct the course of these criminal proceedings, they certainly would not have come voluntarily and then been detained at the crossing itself,” Filipovic said.

She added that the investigation against them had been initiated one day after their arrest, which, according to her, is legally inconceivable.

“What we saw was that they were first deprived of liberty on May 19, and then, a day later, on May 20, a decision was issued to initiate the investigation, which is legally inconceivable. Nevertheless, despite all of our objections, we saw that the court accepted the prosecution’s request,” Filipovic stated.

She stressed that the defense would appeal the decision before the Court of Appeals.

“We will file an appeal against this ruling and expect that, once tensions subside, the Court of Appeals will more properly assess all the circumstances relating primarily to the conditions for imposing detention as the most severe measure. The deadline for filing an appeal against the first-instance decision is 48 hours, after which the court is obliged within 24 hours to forward the decision to the appellate court, which must issue a ruling within 72 hours. However, while these are the deadlines prescribed by law, in practice we know that these deadlines last considerably longer, primarily due to the translation of court decisions,” Filipovic said.

The Basic Court in Pristina today ordered detention of up to one month for seven Serbs, directors of healthcare and educational institutions in Gracanica, accused of the criminal offense of “violating the free will of voters.”

According to the statement issued by the Basic Court in Pristina, the pre-trial judge approved the request of the Basic Prosecution Office in Pristina to impose detention measures against defendants M.D., B.P., Lj.K., M.D., N.R., B.L., and S.M., ordering detention for a period of up to one month.