Marinkovic on the arrests of Serbs in the Racak case: Pristina is trying to impose a new interpretation of events

Danica Marinkovic, the investigating judge who led the investigation into Racak in January 1999, said that the authorities in Pristina are creating a new judicial practice and finding witnesses who will testify falsely, after five Serbs were arrested yesterday on suspicion that they allegedly participated in the operation in Racak on January 15, 1999.

"I cannot believe it. What audacity. Such behavior deserves every condemnation. Arresting people over Racak after 26 years, when Racak is a closed case. We all know the truth about Racak," Marinkovic told RTS, adding that it was an anti-terrorist operation carried out by the Serbian police and that it is unclear what exactly the arrested individuals are being charged with.

She stated that members of the Serbian security forces acted that day under orders and within the framework of an anti-terrorist operation.

"If these are people who were simply doing their job at the time, who had orders and a task to carry out, we all know it was an anti-terrorist operation by the Serbian police. Why are they being arrested now, and what charges will be brought against them?" Marinkovic asked.

According to her, Pristina has for years been trying to impose a new interpretation of the events in Racak through what she describes as a "new judicial practice."

"They are now inventing and creating a new judicial practice, filing false criminal complaints, finding witnesses who will testify falsely, and on the basis of one or two such witnesses handing down guilty verdicts. That exists nowhere in the world," Marinkovic emphasized.

She believes that the reason this case is being revived is because, as she says, "they cannot accept the truth about Racak."

"We did our job professionally, collected evidence, and no one was convicted in The Hague for Racak. They cannot accept that, and they do not have a single piece of evidence for their version of events, namely that there was a massacre of innocent civilians there," Marinkovic stressed.

She also recalled that, according to her, even some Albanian witnesses before the Hague Tribunal testified that Racak was a KLA stronghold and that armed members of that organization took part in the clash.

At the same time, attorney and former military prosecutor Dragan Pasic believes that the proceedings being conducted have no basis either in international law or in domestic law.

"The fact that they carried weapons and were members of the Special Police Units falls within the framework of legality and legitimacy. An investigation cannot be conducted on the basis of newspaper archives and media reports," Pasic stressed.

According to him, due to a lack of material evidence, the Kosovo prosecution is resorting to proceedings that primarily serve a political objective.

"It is obvious that the Kosovo prosecution has opted for something that represents a political rather than a legal goal," Pasic stated.

Commenting on the announced trial in absentia of 21 individuals in the "Racak 1" case, Pasic said that the procedure itself is also problematic.

"Everything is problematic. Trials in absentia are problematic, the investigation is problematic. Everything is based on what I would call anti-law. The right to a fair trial has not been ensured for the individuals being tried in absentia. It is obvious that, due to a lack of evidence, above all material evidence, such methods are being used to resolve conflicts. History cannot be revised in this way, and that appears to be the politically motivated objective," Pasic emphasized.

The five men detained yesterday in Strpce and Gnjilane were ordered by the court in Pristina to remain in detention for one month.