21.10.2024. » 08:32
#9 War Crimes in the Istog Area: Defendants Pantić and Zarić Plead Not Guilty
Momir Pantić and Žarko Zarić, accused of committing war crimes in the territory of Istog municipality, have pleaded not guilty to the charges brought against them by the Special Prosecutor's Office of the Republic of Kosovo.
Momir Pantić and Žarko Zarić, accused of committing war crimes in the territory of Istog municipality, have pleaded not guilty to the charges brought against them by the Special Prosecutor's Office of the Republic of Kosovo.
At the initial hearing on October 7, 2024, at the Pristina Court, Pantić and Zarić both declared themselves not guilty.
According to the indictment, Momir Pantić, the former head of the police station in Istok, and former police officer Žarko Zarić are accused of jointly committing the criminal offense of war crimes against the civilian population.
After the indictment was read by Special Prosecutor Ilir Morina, the defendants were asked about their guilt by Judge Valon Kurtaj.
“I didn’t commit, nor did I order any of the events described, but I am guilty because, during 1998-1999, I saved thousands of Albanian lives,” said the defendant Momir Pantić.
“99% of the population of Istok knows that I did this with the police for which the prosecutor is accusing me, and I will prove this in court. I was the commander of internal affairs, not the police commander,” added Momir Pantić.
“I do not admit guilt. I was neither a participant nor a co-participant,” declared the other defendant, Žarko Zarić.
What does the prosecution file say?
According to the indictment dated 01.09.2024 defendants Momir Pantic and Zarko Zaric are accused of having acted in serious violation of the rules of international law in the period 1998-1999, in the Municipality of Istog, in co-perpetration with other members of the Serbian police forces.
According to the indictment, Momir Pantic, acting under both individual and command responsibility as Chief of the Police Station in Istog, committed acts of murder, torture, inhuman treatment, intimidation, destruction of property, mass deportation, and ethnic cleansing against the civilian Albanian population in the Municipality of Istog.
The first provision of the indictment states that in March 1998, in the village of Lubozhde, Municipality of Istog, Serbian police forces, under Pantic’s leadership, conducted a police operation against the Pepaj family. In the early hours of the morning, police entered the Pepaj neighborhood, forcibly removing all men from their homes, beating them, and striking them with the butts of their guns in various parts of their bodies.
The indictment further alleges that after removing the men, the police forced them into the yard of Afrim Pepaj’s house, ordering them to lean against the wall at gunpoint. After separating the young from the elderly, the older men were released, whereas the injured XH. P., I. P., I. P., SH. P., J. P., A. P., R. P., N. P., and SH. P., who were of young age, and with their official cars sent them to the Police Station in Istog, where they were beaten and tortured in the most inhuman way.
The second provision of the indictment alleges that in March 1998, under Pantic’s orders in Istog, the Serbian police forces, using automatic weapons, attacked citizens protesting the massacre of the Jashari family in Prekaz.
Further, while the protesters were walking towards the center of Istog, they were met by the police force, who initially demanded that the protesters disperse. After this order was peacefully ignored by the protesters and continued their march, defendant Momir Pantic, in the capacity of the Chief of the Police Station in Istog, ordered the Serbian police forces to shoot (in Serbian “pucajte”). The police enforced the given order and started shooting at the protesters.
Furthermore, the indictment states that many protesters were injured by these shots, and serious injuries were incurred by R. M., and H. SH. The protesters were then dispersed, with some in serious condition receiving treatment at home and some in the ambulance.
The third provision of the indictment states that on 29.08.1998, in the village of Shushicë, Municipality of Istog, under Pantic's command, the police forces surrounded the house of the Salihaj family, at around 6:00 in the morning. After noticing that their hay was burning, Salihaj family members went outside to check, only to discover they were surrounded by armed Serbian police with armored vehicles. The police immediately opened fire on the family's house and the injured I.
S.
According to the Prosecutor’s Office, many people were wounded, and nine members of the Salihaj family were killed. Women and children were forced to leave the house, however victim, F. S., refused to leave the body of her deceased son, H, and stayed home. Later that evening, the police ordered the burial of the victims, which took place on 30.08.1998.
The indictment states that the bodies of victims I. S., SH. S., A. S., H. S.,H. S., M. S., A. S., N. G., (nephew of the Salihaj family) were buried in the village cemetery, whereas the fate of F. S., was not known until her body was found in the village of Padalishte.
The fourth provision of the indictment states that in the fall of 1998, in the evening hours, in village of Lubozhdë, the Serbian police forces mistreated the injured S. K., G. M., and G. B., while they were returning from the mountain. Upon reaching the place called “Dagiq” they were stopped by four policemen from the Istog Police Station. Defendant Zarko Zaric was among the policemen armed with long guns and wearing Serbian Police uniforms, blue and spotted.
The file further details how the injured were taken off a tractor, laid on the ground, and brutally beaten and tortured with Kalashnikov butts, and kicks, in different parts of their bodies.
At one point, defendant Zaric grabbed the injured S., lifting him and propping him against the tractor. As another tractor with lights on was passing by in the dark, the injured man recognized Zaric and called out, “Zarko, is it you!” In response, Zaric revolted, shoving the barrel of a machine gun into the man’s mouth, tearing his lower lip and injuring his palate, causing him to bleed. After enduring these physical and psychological abuses, the victims were eventually released to return home.
The fifth provision of the indictment states that in March 1999, in the village of Lubozhdë, Serbian police forces, including defendant Zarko Zaric, under Pantic’s leadership, attacked the “Pepaj” settlement. They first went to the house of I. P. instructing him to notify the residents to vacate their homes within 3-4 hours, forcing the villagers to flee towards village Studenica.
The indictment alleges that A. P., had remained home, but after 2-3 weeks he had left the house and had joined the other family members who were staying in village Studenica. He told them that while he was staying at home with I. and G., defendant Zarko Zaric, together with other policemen had went there.
First they took A. and I. out of the house, to the yard, while G. remained inside the house. Defendant Zarko and other policemen then entered the house and the room where G. was staying. They killed him and left the house. A. and I. had returned to the house, only to find G. dead, with his throat cut.
The indictment further alleges that as the defendants moved from house to house, they checked the homes and then set them on fire, leading to deaths of the following: A. P., G. P., A. P.,B. D., an elderly woman of the Qetin family.
The sixth provision of the indictment alleges that at the end of March 1999, in the village of Vreniq, the Serbian police forces of the Police Station in Istog, under the directives of defendant Pantic, ordered the residents of village Vreniq to vacate their houses and leave for Albania. However, most of the residents of the village Vreniq took refuge in the hills of Starasella, above village Shushicë, as many residents of the surrounding villages were already staying there.
The indictment further states that after several days of staying on the mountain, on 04.05.1999, the Serbian police forces started shelling from both sides of the Starasella trough, which forced the civilians to move towards Istog, through Gurakoc. On this route they witnessed how the entire village Shushicë was burning, and every time they encountered Serbian armed forces they were mistreated and brutally beaten, and valuables taken from them.
It also states that near the village of Landovicë the line of civilians was forced to turn back to Istog, only that they had nowhere to go as their houses were all burned. Over 700 people were thus sheltered in the premises of the elementary school “Martin Camaj”, in village Kovragë, where they stayed for around 10 days.
On 06.04.1999, at around 16:00, according to the Prosecutor’s Office file, a moving car shot over Albanian civilians who were in the school yard, killing B. B., 13 years of age. During their stay in the school, the Albanian civilians were visited by Momir Pantic, who asked if there was any KLA soldier among them. After a few days, police officers from Gurrakoc Police Station ordered all civilians sheltered in the school to leave and continue to Albania.
According to provision seven, on 26.03.1999, in village Padalishte, Municipality of Istog, the Serbian police and military forces of the Police Station in Istog, under the directives of defendant Pantic, first surrounded the village Padalishte and then began shelling it from a distance, destroying houses and killing many civilians.
It further states that offices of the Istog police station entered the village and searched house by house, taking all civilians out. As a result of this operation, around 19 members of the Imeri family were killed.
Provision eight alleges that on 27.03.1999, in village Shushicë, police officers of the Police Station in Istog, under the directives of defendant Pantic, ordered the residents to vacate their houses. As a result of this order and fearing that they will be killed, they left their homes and settled on a mountain near the village, where they stayed for several days.
It further states that they were also forced to leave this shelter, as the Serbian military forces ordered them to head to Albania. In doing that, the civilians were mistreated and tortured by the Serbian forces throughout the journey.
The file further states that upon arriving in Prizren, these civilians were stopped by the Serbian forces and forced to return to Istog. Upon reaching Istog, the Serbian police forces from the Istog Police Station, acting under the orders of the defendant Pantic, detained them and initially placed them in a warehouse.
It is further noted that after 2 or 3 days, they were moved to the houses of the “Alushaj” family. At that time, the injured H.A., who was pregnant, gave birth to her daughter, D., on 30.05.1999, under extremely difficult conditions. Despite these hardships, they managed to survive until the end of the war.
According to count nine of the indictment, on 01.04.1999, in the early morning hours, village Cerrcë in the Municipality of Istog became the scene of a brutal and violent attack by Serbian police forces of the Istog Police Station, under the leadership of defendant Pantic. Acting within the security structures of the time, the police unit conducted a ruthless operation against the Rexhaj family.
The attack began with the siege of I.R.’s house, followed by a merciless and well-coordinated action, during which six innocent members of the Rexhaj family were killed: K.R., Z.R., I.R., Sh.R., including R.R., who was suffering from severe mental health issues.
The indictment further states that after the murders, police officers set the house on fire, leaving the victims’ bodies to burn inside in an attempt to conceal their crimes.
Count ten alleges that on 13.04.1999, in village Studenicë, Serbian police forces of the Istog Police Station, under the directives of defendant Pantic, attacked the Lipaj family. After entering the village from the direction of Lubozhdë, towards the Vrella spring, they systematically went house to house, checking and burning homes. In the process, they killed a total of 14 Albanian civilians at the house of the late S.Z., nine of whom were identified: F.L. (66 years old), S.L. (35 years old), L.L. (13 years old), S.L. (64 years old), Q.L. (15 years old), M.L. (13 years old), H.M. (69 years old), Nj.L. (14 years old), and S.Z. (85 years old). The victims had returned home early in the morning to prepare food for their family members, who had sought refuge in the nearby mountain with other civilians, thinking they were safe.
However, from that day, nothing was known about their fate until 25.06.1999, when their bodies were discovered in the well of S. Z.’s backyard. With the assistance of Spanish KFOR troops, the bodies were recovered and identified.
According to count 11, on 08.05.1999, in village of Staradran, Serbian police forces from the Istog Police Station, under the leadership of defendant Pantic, killed 15 Albanian civilians, while two others went missing.
The indictment states that on the day of the event, the Serbian police and military forces detained the civilian population of the village, robbing them before separating the men from the women. Shortly afterward, they attacked the men with weapons, killing 16 Albanian civilians in the courtyard of injured Z. E., none of whom were involved in the armed conflict. The victims listed in the indictment are: D.G., H.E., N.E., M.E., Sh.E., N.E., A.E., I.A., M.D., B.D., R.Sh., G.I., B.M., and J.A. The sixteenth victim, N.E., survived the attack.
The indictment states that the bodies of the murdered civilians were buried in a mass grave by members of the Roma community, who were forced to do so by Serbian police and military forces.
According to count 12, on 08.05.1999, Serbian police forces, under the command responsibility of defendant Pantic, as Chief of the Istog Police Station, surrounded village Staradran. As a result of this action, residents of the village were forced to flee their homes and join a convoy headed towards Albania.
However, when they reached village Zallq, they were stopped by Serbian forces dressed in camouflage uniforms and wearing red armbands. Among them were the commander of the Gurrakoc Police Station, Milos Stojkovic, Ekrem Bajrovic, Moma Salutic, and a police officer known by the nickname “Banjac.”
The indictment further states that the men were separated from their families and confined in a shop in Shalaj, while the women and children were ordered to continue walking towards Klina. The men were held there until 17:00, after which around 100 prisoners were transported by truck to Gurrakoc Prison, where they were subjected to brutal beatings.
According to the indictment, the prisoners in Gurrakoc were interrogated by two Serbian policemen in civilian clothes, one of whom was defendant Momir Pantic.
Provision 13 alleges that on 19.05.1999, NATO forces bombed the Dubrava Prison in village Dubrava, Istog Municipality, specifically targeting Pavilion "C” of the prison. As a result, three Albanian prisoners were killed.
Immediately after the bombing, Serbian police forces, under the command of defendant Pantic, arrived at Dubrava Prison to regain control of the situation. The prison guards had already positioned themselves outside the prison walls due to the chaos caused by the explosion. Some of the prison doors were blown open by the blast, while others were forced open by the prisoners, who gathered in the prison yard.
The indictment further states that after the bombing ceased, Serbian forces, including guards and special units from the Istog Police Station, entered the prison and exercised systematic violence, so that defendant Gavrilo Milosavlevic, along with other prison staff, participated in the brutal and inhumane beatings, as well as verbal and physical abuse of the Albanian prisoners, solely based on their ethnicity.
The indictment further states that NATO bombings continued on 21.05.1999, with other wards and ancillary facilities of the prison were hit, except for the gym. 18 Albanian prisoners were killed and dozens others were injured.
On the morning of 22.05.1999, Serbian guards, armed Serbian prisoners, police forces and Special Units under the command of the Istog Police Station gathered the Albanian prisoners in the sports field. Prisoners were lined up against a wall under the pretense of being counted and transferred to a safer location.
As soon as the prisoners were divided into groups, they realized that guards, uniformed personnel, and armed Serbian civilians had emerged from the guardhouse and prison walls. They opened fire on the prisoners from all sides, using various types of firearms. Additionally, bombs were thrown over the prison walls, killing and injuring many Albanian prisoners. Some managed to survive by dropping to the ground and playing dead.
As soon as the shooting started, they ran away and hid in buildings inside and outside the prison, some even in wells. However, the guards, the prison staff, and paramilitary forces and police started chasing and killing them, even throwing hand grenades in wells, killing many and injuring some.
Further, the indictment states that a number of prisoners managed to escape by rolling to a section which was lower than the sports field, where they managed to protect themselves from gunfire. Some hid behind a pile of ground, others taking shelter in the kitchen basement. Other prisoners fled to the hill, others took refuge in the prison facilities, as the snipers continued to fire. The surviving prisoners started pulling the wounded to give them medical aid, but the Serbian guards and members of the guardhouse continued to observe and fire with snipers, killing other prisoners.
On May 24, 1999, under the command of the defendant Momir Pantic, police officers from the Istog Police Station removed wounded individuals and prisoners from Dubrava Prison.
According to the fourteenth provision of the indictment, Serbian police forces from the Istog Police Station, under the command of defendant Pantic, abducted a male civilian of Albanian nationality, referred to by the alias “A1,” and sent him to Gurrakoc Prison.
Initially, he was interrogated by officials from the station in civilian clothes. During his stay in the prison, he was taken by police officers to a secluded area of the facility, where he was sexually assaulted.
Provision 15 of the indictment states that the Serbian police forces in the Istog Police Station, under the command of defendant Pantic, summoned another victim, referred to by the alias “B1,” a female civilian, who was called to the police station for questioning.
Upon arrival, she was interrogated, physically beaten, and then sexually assaulted by one of the officers, in the presence of five other policemen.
According to the sixteenth provision of the indictment, the officers from the Istog Police Station, together with members of the Serbian and FRY police and military forces, under the command of defendant Pantic, participated in the deportation, looting, and destruction of property of the Albanian civilian population.
It states that they forcibly expelled civilians from their homes, going door to door, removing hundreds of thousands of residents from villages across the Municipality of Istog. After the population was displaced, they looted civilian property and set fire to nearly every house in each village, resulting in the total destruction of the civilian population’s property. Approximately 5,000 homes were burned, 260 people were killed, including 19 children, and extensive material damages were inflicted.
Defendant Momir Pantic is thus accused that, in co-perpetration, committed the criminal offense of ‘War crimes against the civilian population’, of the Criminal Law of the former Socialist Federal Republic of Yugoslavia (hereinafter “CL of SFRY”) as the law in force at the time when the criminal offense was committed, currently incriminated as a Crimes Against Humanity.
According to the indictment, defendants Zarko Zaric and Momir Pantic are accused that in the period 1998-1999, in the Municipality of Istog, in co-perpetration with other members of the Serbian police forces, they acted in violation of the rules of international law.
According to the indictment, Defendant Zarko Zaric, in his capacity as Police Officer of the Police Station in Istog, executing orders, committed murder, torture, inhuman treatment, intimidation, destruction of property, mass deportation and ethnic cleansing of the Albanian population in the Municipality of Istog.
According to the indictment, police officers of the police station in Istog, with members of the Serbian and FRY police and military forces, under the command of defendant Pantic and with the help of defendant Zaric, participated in the expulsion, looting and destruction of property of the civilian population of Albanian nationality, in such a way that they initially forcibly expelled the civilian population from their homes.
It further states that by going house to house, they expelled hundreds of thousands of residents from their homes in all villages of the Municipality of Istog. After the departure of the population, they first looted the property of the civilians and then set each house on fire in all villages of the Municipality of Istog, completely destroying properties of the civilian population.
As a result, around 5,000 houses were burned, 260 people were killed, of which 19 were children, also inflicting many other material damages.
There is a well-founded suspicion that defendant Zarko Zaric, in co-perpetration, committed the criminal offense of ‘War crimes against the civilian population’, of the Criminal Law of the former Socialist Federal Republic of Yugoslavia, as the law in force at the time when the criminal offense was committed, currently incriminated as a “Crimes Against Humanity”.
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