13.12.2024. » 14:02
Dragisa Milenkovic and his trial for war crimes: The witness states that the accused and other guards badly mistreated him and beat him
In the hearing of November 13, 2024 in the Basic Court in Pristina, two witnesses were heard in the trial against the accused Dragisa Milenkovic, accused for war crimes.
Dragisa Milenković is accused of committing acts considered war crimes against the civilian population during the last war in 1999, in his capacity as an official at the Prishtina and Lipjan prisons.
In the hearing held on Wednesday, November 13, 2024, Elmi Xhylani testified, stating that he was mistreated and beaten while in Prishtina Prison.
Witness Elmi Xhylani said that whenever the accused, Dragisa Milenković, was on duty, he would remove him from the cell, and with other guards they would severely mistreat and beat him.
Witness Xhylani stated that due to the mistreatment he endured, the prisoners believed him to be dead.
“I was a person whom all the prisoners thought was dead because they mistreated me so much,” said witness Elmi Xhylani.
Witness Xhylani said that the accused Milenković had told him in Prishtina prison: “I am Dragisa, and you will see who I am.”
Witness Elmi Xhylani declared that the accused Milenković mistreated him in Prishtina Prison but not in Lipjan Prison.
“Dragisa did not mistreat me in Lipjan, but in Prishtina he did. In Lipjan, I cannot say he did anything, but in Prishtina, I swear 100% he was involved," said witness Xhylani.
Witness Elmi Xhylani stated that he was arrested in the September offensive, but he could not remember the year.
When asked by the accused Dragisa Milenković why he had not reported him to the police for 25 years, despite knowing his name, he responded:
“I didn’t think of Dragisa because I didn’t even have a place to stay; my house and everything I had were burned. The moment came when they caught him... the moment came to declare what they did to me,” replied Witness Elmi Xhylani.
Earlier in the hearing, witness Ekrem Kastrati, currently the Mayor of Malisheva Municipality, also testified. Witness Kastrati declared that he was imprisoned on February 1, 1997, as he was part of the operational structure of the Kosovo Liberation Army (KLA) and was arrested by Serbian forces.
Kastrati stated that he knew very little about the staff of the Prishtina and Lipjan Prisons because he did not stay there long.
Witness Kastrati declared that they were subjected to violent treatment while going to and returning from court.
Further, the witness stated that in Prishtina Prison, they mainly experienced psychological violence, insults, and verbal abuse.
“We heard beatings in the prison corridors, screams of prisoners... insults and verbal abuse: ‘What do you want? What were you trying to do? It is impossible, what you wanted to do, and in the end you will pay for it; we will kill you, etc.,’” said witness Kastrati.
Witness Kastrati declared that when they were transferred to Lipjan Prison, there was a cordon of guards equipped with rubber batons, baseball bats, and other hard objects, and each of them had to pass through that cordon to enter the rooms.
He added that even in the Lipjan Prison there was sporadic violence. “During our stay in Lipjan Prison, there was also occasional, sporadic violence, until June 10, when we were sent to Niš," said Ekrem Kastrati.
Witness Kastrati stated that the behavior of the guards toward them was inappropriate. “The behavior was inappropriate, inhumane, and unlawful. While going to and returning from the toilet, someone among us was always struck,” said Kastrati.
When asked by prosecutor Atdhe Dema if he remembered anyone in Lipjan Prison who mistreated him physically or psychologically, the witness said he personally could not identify anyone.
Furthermore, the defense attorney of the accused Milenković, lawyer Dejan Vasić, proposed to the trial panel a medical examination for the accused Dragisa Milenković. According to him, based on the medical reports, the accused Milenković is almost blind.
Additionally, lawyer Vasić proposed to the trial panel a reconsideration of the security measure after the medical examination, replacing detention with house arrest, arguing that the conditions of detention worsen his health.
The proposal for a change in the security measure was supported by lawyer Vasić, stating that the accused Milenković had no reason to flee to Serbia, as his entire family and home are here.
Prosecutor Atdhe Dema opposed the motion to replace the security measure.
The trial panel approved lawyer Vasić’s motion for a medical examination of the accused Milenković but stated that the decision regarding the change of the security measure would be made after the medical examination report.
Another witness was scheduled to testify in this hearing, but due to his absence, the hearing was adjourned.
Hearings on this criminal matter were schedule for January. The trial panel in this case consists of Kujtim Krasniqi, Presiding, and Judges Rrahman Beqiri and Arben Hoti, as members.
What does the Prosecution file state? Milenković is accused of committing acts considered war crimes against the civilian population during the last war in 1999, in his capacity as an official at the Prishtina and Lipjan prisons.
He was arrested by the Kosovo Police on June 21, 2023, and his arrest was protested in Graçanica.
Milenkovic was brought before the Court of Pristina on June 22, 2024, and he was ordered to detention on remand.
Milenković is accused of forcing prisoners transferred from Dubrava Prison to Prishtina and Lipjan Prisons to pass through a cordon and hitting them with batons, punches, and kicks.
According to the Prosecutor’s file, the prisoners were systematically subjected to inhumane treatment, including torture, mistreatment, threats to their lives, causing severe physical injuries, and health consequences.
In addition to this, the prisoners were also subjected to psychological violence, according to the Prosecutor's file.
Millenković is accused of committing these acts in collaboration with three other officials, including the former director of the Prishtina District Prison, Ljubomir Cimburović, and guards Predrag Bradić and Milivoje Ilić.
According to Prosecutor Atdhe Dema, these actions violate the International Geneva Convention.
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, Former President of Serbia, was acquitted of war crimes during the conflict in Kosovo. Nikola Sainovic, Deputy Prime Minister of the Federal Republic of Yugoslavia, was sentenced to 18 years in prison for crimes against humanity and violations of the laws or customs of war. Dragolub Ojdanić, former Chief of the General Staff of the Yugoslav Army, was sentenced to 15 years in prison for crimes against humanity.
Nebojsa Pavkovic, 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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