11 December 2012

A mixed panel of three EULEX judges and two local judges, presided over by a EULEX judge at the Supreme Court, has ordered a retrial against six defendants in the second part of the so-called Klecka case.

The Supreme Court panel granted the appeal of the EULEX Special Prosecutor and annulled the verdict of the first instance court which had acquitted A.K., B.L., R.M., S.S., S.S. and B.S.. The defendants were charged, among other things, with war crimes against the civilian population and prisoners of war. The panel also ruled as admissible the evidence of A.Z., also known as “Witness X”, and the evidence seized upon the search in the premises of N.K. and F.L..

The Klecka case was divided in two parts by the District Court of Pristina and two verdicts were pronounced. The court at that time declared the evidence of A.Z. as inadmissible and acquitted all defendants through both verdicts.

Last month the Supreme Court sent the case back for retrial for the other four defendants acquitted by the District Court of Pristina through one of the verdicts in this case.

The case was prosecuted by a EULEX Special Prosecutor from Kosovo’s Special Prosecution Office (SPRK), which was represented on appeal by a EULEX prosecutor from the Office of the State Prosecutor of Kosovo.