21.12.2024. » 16:35


#19 In the trial against the accused for the Dubrava Prison Massacre, the witness stated: Even today, when I see the guard, my body shivers.



“Even today, when I see the guard in the courtroom, my body shivers at the horrors we experienced during those days.”

This is how the survivor of this massacre, witness Nait Hasani, began his story about the massacre in Dubrava Prison, at the hearing held on November 4, 2024, in the trial against Gavrilo Milosavljevic, accused for this massacre against Kosovo Albanian prisoners in 1999.

19-in-the-trial-against-the-accused-for-the-dubrava-prison-massacre-the-witness-stated-even-today-when-i-see-the-guard-my-body-shivers

Defendant Gavrilo Milosavljević is accused that, in his official capacity at Dubrava Prison, he applied repressive measures individually and in co-perpetration, including killing, beating, mistreatment, torture, and cruel and inhumane treatment of Albanian civilian prisoners.

Witness Nait Hasani stated that between April 29, 1999, and May 24, 1999, he was held in Pavilion B of Dubrava Prison. 

He testified that on April 26, 1999, they were transferred from the Sremska Mitrovica Prison to Nis Prison, where they endured torture. 

“On April 26, we were transferred from Sremska Mitrovica Prison to Niš Prison.  We experienced extreme torture at the hands of the guards, including electric shocks, beatings with wooden and metal sticks, and long and short batons,” Hasani stated.

He further testified that during their transfer to Dubrava Prison, they were subjected to abuse and torture on the bus.

Between May 5 and 10, 1999, Hasani said he was taken to a room where he was tortured. 

“Between May 5 and 10, exactly within those dates, five guards took me to a room normally used by psychologists and pedagogues (although there were none at the time) and began torturing me in every possible way,” Hasani stated. 

He also mentioned that on May 15, 1999, guards ordered prisoners to sing Serbian songs. When they refused, the guards began torturing them. 

Hasani said that on May 19, around 1:15 PM, NATO planes bombed Pavilion C.

On May 21, 1999, Hasani stated that they were summoned with a megaphone to gather in the sports field under the pretext of a headcount.

When they approached the area near the guardhouse, machine guns, bombs, rocket launchers, and other weapons were fired at them. 

The witness also mentioned a guard named Branko Komadina, who was the supervisor of Pavilion B. 

Earlier in the same hearing, on November 4, 2024, Ukë Thaqi was the first to testify before the trial panel.

He provided his version of events related to these incidents.

Thaqi stated that he was arrested in 1998 and imprisoned in Prizren. On April 30, 1999, he was transferred, along with 80 other prisoners, by bus to Dubrava Prison. 

He testified that upon arrival at Dubrava Prison, they were abused by guards as they disembarked. 

“The bus stopped in the outer yard of the Dubrava Prison complex, which is used for agriculture. There were two buses with Niš registration plates, unloading other prisoners. The windows were open, and it was a terrifying moment seeing the prisoners being unloaded. None of them could get off the bus on their own feet due to the beatings by the guards. They were being abused right at the door as they got off the bus,” Thaqi said. 

Thaqi mentioned that he heard the accused Gavrilo Milosavljević being referred to as “Garo” by a supervisor.

In response to prosecutor Ilir Morina’s question about NATO bombings, Thaqi stated that on the day of the bombing, he was in a room with another prisoner, Sh.H., who alerted him that NATO had struck. 

He stated that when they tried to exit, the gates were locked, and the guards had fled. 

“We got up to go to the gates, but they were locked. Later, I heard that a guard named 'Manc' had given permission to ‘unlock the doors for the ordinary prisoners’ because the guards had fled, leaving us locked inside,” Thaqi said.

He testified that after the gates were opened, they helped other prisoners get out.

Sixteen people were injured in the NATO bombings.

Thaqi also recounted the events of May 22, 1999, when they were summoned to the sports field. 

“On May 22, in the morning, the guards called us to the sports field. We went out and formed four rows. I was standing near Gani Iballi, a teacher from Bllaca, who thought we were being transferred to a safer location. He told me, 'Give me an empty suitcase so I can put my clothes in it.'  As we were dealing with the suitcases, 'Tromblons,' 'Zolas,' and mass shootings began,” Thaqi stated. 

Thaqi said that during the shooting, he fell to the ground as others fell on top of him. 

“When the shooting began, I fell to the ground, and people fell on top of me,” he added.

He described seeing people with burned bodies from “Zolas” and “Tromblons,” with the total number of dead being 117.

During his testimony, Thaqi mentioned that he has published two books about the Dubrava Prison events, the first in 2007 and the second in 2011.

The book, titled “The Massacre at Dubrava Prison (The Scenarios of the Massacre)”, was handed over to the court and the defense counsel of the accused, Dejan Vasić. 

The witness was questioned solely by the prosecutor. The defense counsel, Dejan Vasić, stated that he could not cross-examine the witness without accessing prior statements given to UNMIK and EULEX. He argued that these statements must be provided to ensure a fair trial. 

Further, Vasić said that without access to these previous statements, he cannot effectively question witness Ukë Thaqi.

The trial panel took a decidion to make an attempt to obtain these statements, if available. 

The criminal proceedings were adjourned as the court session concluded.

This criminal case is being tried by Vesel Ismajli, Presiding, and Arben Hoti and Kujtim Krasniqi Members.

The indictment against the defendant Gavrilo Milosavljevic was filed on 29.11.2023, while the initial hearing held on 07.12.2023.

Following the reading of the indictment by the Prosecution, the accused Milosavlević declared that he understands the offense for which he is accused and pleads not guilty

What does the prosecution file say?

According to the Prosecution's file, during the 1998-1999 period amid the Kosovo War, the defendant Gavrilo Milosavljević, in his official capacity at Dubrava Prison and in co-perpetration, applied repressive measures of killing, beating, mistreatment, torture, and cruel and inhumane treatment against Albanian civilian prisoners.

According to the indictment, Gavrilo Milosavljevic, in collaboration with Serbian police units, had committed the mass murder of Albanian prisoners, in which case on the day of the incident they ordered 1,000 prisoners to be taken out to the prison yard, known as the “sports field”, with the excuse that they would do a headcount of the prisoners and send them to another, safer place to protect the prisoners from NATO bombing.

Further, according to the indictment, immediately after the prisoners were lined up, Serbian police units fired at them with all types of weapons, such as “Kalashnikovs”, machine guns, mortars and other weapons, and from behind the prison wall with hand grenades.

From this murder operation, which began on 22.05.1999 and lasted until 24.05.1999, as a result of these attacks, 109 prisoners were killed and 108 prisoners were injured.

Additionally, the indictment states that Milosavljević, along with other Serbian military officials, visited the “B” and “C” wings of Dubrava Prison almost daily, cruelly and inhumanely beating, insulting, and physically and mentally mistreating Albanian civilian prisoners solely due to their ethnicity.

The accused Gavrilo Milosavljevic is accused of co-perpetration in the criminal offense of war crimes against the civilian population.

Former senior political and military leaders of the remaining Yugoslavia and Serbia were tried and even convicted for the massacres, other war crimes, and crimes against humanity committed in the period 1998/1999.

The former president of Yugoslavia, Slobodan Milošević, was accused of war crimes and crimes against humanity committed by Serbian and Yugoslav forces in Kosovo. Milošević was accused of war crimes and crimes against humanity committed in the wars in Bosnia and Herzegovina, and in Croatia.

His trial at the International Criminal Tribunal for the former Yugoslavia (ICTY), based in The Hague, saw no closure as Milošević died on March 11, 2006 in his cell while in custody.

Milan Milutinovic, the former president of Serbia, was acquitted of war crimes charges during the Kosovo conflict.

Nikola Sainovic, Deputy Prime Minister of the Federal Republic of Yugoslavia was sentenced to 18 years of imprisonment for crimes against humanity and violations of the laws or customs of war.

Dragoljub Ojdanić, former Chief of the General Staff of the Yugoslav Army, was sentenced to 15 years in prison for crimes against humanity.

Nebojša Pavković, former commander of the Third Army of the Yugoslav Army, was sentenced to 22 years in prison for crimes against humanity and violations of the laws or customs of war.

Vladimir Lazarević, former commander of the Pristina Corps of the Yugoslav Army, was sentenced to 14 years in prison for crimes against humanity.

Sreten Lukić, former head of the Ministry of Internal Affairs of Serbia’s Kosovo staff, was sentenced to 20 years of imprisonment for crimes against humanity and violations of the laws or customs of war.

 

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