28 May 2012

EULEX would like to rebut the latest media speculation on the release of J.M from detention on Friday, May 25, 2012 alleging this action was taken without proper justification.

The case of J.M. was taken over by a EULEX prosecutor not to ensure his release, but to ensure the proportionality of the deprivation of a person’s liberty to the prosecuted crime and a fair process. These are European standards for the rule of law and also issues of human rights and fundamental freedoms.

A local pre-trial judge ordered the release from detention on remand of J.M., upon request from the EULEX prosecutor. The judge replaced the measure with reporting to the police station three times a week, while the investigation continues.

The EULEX prosecutor requested the change of the measure after carrying out further investigative actions. The prosecutor studied the evidence very carefully, watched recorded evidence and interviewed key witnesses, including the suspect, before applying for his release. The EULEX prosecutor also discussed the case at length with the local prosecutor, who agreed that he had not seen the recorded evidence prior to the detention application. 

J.M. is not being investigated for direct involvement in dismantling the KP container at the three towers area in north Mitrovica, but for participating in the crowd that dismantled the mentioned container.

In relation to the budget misuse allegations against J.M., Kosovo Police from the Economic Crime Unit has not submitted any criminal report to EULEX on these allegations yet. The EULEX Prosecutor is waiting for such a report to be filed. Therefore, EULEX cannot make any comment on these allegations.