Pantovic: Kosovo introduced trials in absentia to secure the conviction of as many Serbs as possible

Attorney Ljubomir Pantovic stated that Kosovo incorporated trials in absentia into its Criminal Code in order to secure the conviction of as many Serbs as possible and to attribute full responsibility for wartime events to Serbia.

He explained that such a mechanism allows for a retrial if the accused person is later apprehended after having previously been tried in absentia.

“Since persons tried in absentia are formally and legally considered fugitives, judicial authorities issue warrants for their arrest. There is therefore a risk that individuals charged or convicted in absentia could be arrested and extradited to the so-called Kosovo if they travel outside Serbia, as they are accused of serious criminal offenses, most commonly war crimes. However, if a person has been convicted in absentia and is subsequently apprehended, he or she has the legal right to be tried again,” Pantovic told Novosti.

He added that, because the addresses of defendants tried in absentia are generally unknown, the court and prosecution conducting the proceedings publish summonses for the accused in the Official Gazette of Kosovo and on the websites of the court and prosecution.

Meanwhile, on 30 December of last year, the Special Prosecution Office of Kosovo filed an indictment against 21 individuals for the criminal offense of “war crimes against the civilian population” in the village of Racak, accompanied by a motion to conduct the proceedings in absentia.

The first hearing in that case is scheduled for 20 July.

In connection with the same case, five Serbs were arrested several days ago in Strpce and Gnjilane, and were subsequently remanded in custody for up to 30 days.