chronicle Prosecutor: We have strong evidence against the Gnjilane group In this case the Court were submitted evidence that the armed conflict in the territory of Kosovo and Metohija continued after the conclusion of the Kumanovo Agreement Prosecutors together: Serge Brammertz, Bruno Vekaric and Vladimir Vukcevic and his associates (Photo Tanjug) The War Crimes Prosecution responded to a statement of the Appellate Court, published in our papers, case Gnjilane group, stating that the statement is not true that the indictment is predominantly designed on the testimony of the cooperating witness Božura 50. In the first part the judgment of the Appellate Court in the section 2.1. the time of the actions of the defendants and the question of the existence of an armed conflict, among other highlights: According to the Court of Appeal, this criminal act may be committed only in time of war, armed conflict or in time as long as the occupation, as well as being of particular importance for evaluation of the armed conflict in Kosovo and Metohija, the provisions of the Military Technical Agreement in Kumanovo on 9 June 1999, which precisely regulates the cessation of hostilities and the further conduct of the parties to the conflict. Article 2, paragraph 1 of the Kumanovo Agreement, the cessation of hostilities it is anticipated that the forces of the FRY immediately after the entry into force of this Agreement refrain from any hostilities. The attitude of the Court of Appeal, indicating the prosecution was that each claim to have after that date held hostility that had the character of a non-international armed conflict, should be supported by evidence, as in this specific situation is not done. The Court of Appeal does not address to what was found during the procedure, and it is common knowledge that the signing of the Kumanovo agreement is part of the KLA, nor is it ever until the end of 1999, and not later signed any peace agreement with the military or civilian representatives of the SR Yugoslavia, so that the KLA cessation of hostilities on the basis of the Kumanovo Agreement does not apply to, it said in a statement submitted to our office. Prosecutor submits that the Court submitted evidence that the armed conflict in the territory of Kosovo and Metohija continued after the conclusion of the Kumanovo agreement and the withdrawal of the armed forces of the FRY and the territory of Kosovo and Metohija. It was the MUP report that after 20 June 1999 to the end of 1999, the armed KLA attacks on civilians, killing more than 1,000 civilians, mostly Serbian nationality. On to the Court of Appeal ignored, but the verdict stated that he had in mind the fact that most of the events listed in the indictment, time played, not only after the cessation of armed conflict, but after the withdrawal of the Serbian army and police from KiM, when it stopped any possibility of renewal completed before the armed conflict. The question of armed conflict not only is important for object Gnjilane group, but it is important for all the other victims, more than 1,000 dead who were killed due to KLA attacks on the civilian population and whose plight to the above mentioned paragraph the Court of Appeal could be processed only for certain other crimes, such as murder, rape ..., many of which would in the meantime outdated. If the Court of Appeal held that there is no essential element of the offense of war crimes against the civilian population had to be then, if found that there is no evidence that the actions described in the indictment took place, to acquit the crimes of murder and rape or other offenses contained in the description of the indictment, concludes the statement of the prosecution. It was pointed out that the testimony of witnesses, Peony in accordance with the statements of the protected witness C-1 and C-2 who were raped in the premises of the dormitory in Gnjilane, with the participation of the accused along with about 100 people. The statement describes hearing both witnesses, which lasted several days, and states that are next to them heard the investigating judge before whom they first gave their testimony, as well as forensic experts who spoke about their post-traumatic disorders, as well as the fact that the the first instance court believed this witness. The statement said that all these grades of evidence the Court of Appeal checked so you heard one of the witnesses for about an hour, and then combining superficial assessment of the evidence by the trial court thoroughly appreciated, took an opposite conclusion from the conclusion of the first instance court so accused of the charges and the part of the indictment relating to the rape. The Prosecution considers that the elaboration of such evidence in connection with the rape of the Court of Appeal conducted to justify the violation of the law concerning the existence of an armed conflict.
Posted on: Wed, 14 Jan 2015 10:49:19 +0000
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