Even though the Appellate Court in Pristina adopted a lawyer’s appeal to detention of the arrested Serbs, they remain in custody, and this decision violates all possible international human rights, said lawyers of Nedeljko Spasojevic, Dragisa Markovic and Marko Rosic, who were arrested in the case of the murder of Oliver Ivanovic, at an urgently convened press conference, reports TV Most.
“The accused Serbs are in detention and are charged with committing a crime of helping a serious murder. In fact, they are helpers of an unknown perpetrator and what gives an emptiness to this whole process,” lawyers said, reports Zvecan-based TV Most.
“The Appellate Court either abolishes or extends custody, and I consider that in the situation where the Appeals Court itself finds that there is no reasonable doubt then it had to terminate the detention. What they decided is to return the matter to the beginning, but legal measure against our clients has not been removed,” said Vasic.
Lawyer Negovan Saranovic argued that “the legal measure of the Appellate Court is strange, it in the first paragraph brings an end to the decision on detention, but in the second paragraph it determined that the defendants remain in custody until a new decision is made.”
”When analysing the statement of the ruling, it is concluded that the defendants are now in the illegal status of detainees,” emphasized Saranovic.
Lawyer Miro Delevic said that the defence attorneys, at the session on the detention order, appealed that the jurisdiction of the Basic Court in Pristina be excluded as the case happened in Mitrovica therefore the Basic Court in Mitrovica is competent.
TV Most reports that the next step of the Defence attorneys will be to act in accordance with the authority given to them by the Kosovo Criminal Procedure Code. They will request an urgent scheduling of a session, which was originally set for 12 December, and without explanations, as they say, was moved to December 17.
