18.07.2024. » 12:21
#1 The trial of the accused for the massacre in Izbica is nearing its end; his lawyer: "We do not deny that a crime was committed."
The trial of Muhamet Aljidemaj, accused of the massacre in Izbica on March 28, 1999, committed by Serbian forces, is approaching its conclusion.
During the hearing on July 9, 2024, final statements were presented by prosecutor Iljir Morina, the defendant’s lawyer, present victims, and the accused himself.
According to the Kosovo Special Prosecutor's Office, Aljidemaj is accused of being part of the Serbian forces that committed this massacre. It is alleged that on March 28, 1999, he descended from the mountains towards the village of Izbica with Serbian military and police forces. Upon arriving in the village, they went to the house of victim Dž. O., from whom they took 1,000 German marks and subsequently burned her property. The Serbian forces threatened her with a weapon to force her to guide them during the search of her house.
Prosecutor Morina stated in today’s session that the massacre in Izbica is a notorious fact that nobody disputes, and evidence presented in this trial has proven that the accused committed the crime he is charged with.
“The prosecution has concluded that the crime was committed and that the accused is the perpetrator. This is supported by witness statements, police reports, and records of the identification of the accused. Evidence obtained in the investigation shows that the accused participated in the execution of the criminal plan,” said the prosecutor during the hearing on July 9, 2024.
He added that there are three witnesses—Isljam Dani, Džemilje Osmani, and Šukrie Osmani—who testified that they saw the accused in Izbica on the critical day as well as prior to that day.
The dossier states that during this massacre, 130 people were shot with automatic weapons, of whom 114 have been identified, and their names were attached as an appendix to the prosecutor’s final statement.
In his final remarks, the Special Prosecutor's Office withdrew the second count of the indictment accusing Aljidemaj of exhuming bodies with an excavator, as the prosecution stated that it was not possible to prove this during the trial.
The prosecution maintained its charges in count 1, relating to murder, and count 3, relating to inhumane treatment, violations of physical integrity and health, displacement, looting, and destruction of civilian property.
The prosecution also requested the court not to place trust in the defense witnesses, including the testimony of the accused's sister, Sherije Ademi-Aljidemaj.
According to the prosecutor, the defense witnesses were subjective and biased.
“Trust should not be placed in these witnesses' statements. They clearly showed their bias while attempting to create their alibi. They are subjective and as such, should not be trusted,” the prosecutor said.
All present victims in the courtroom and the victims' advocate supported the words of the special prosecutor, and the victims also presented their request for compensation. The occurrence of the massacre in Izbica and the suffering of innocent civilians was not denied even by the accused's lawyer, Miloš Delević.
However, he stated in court that the prosecution's evidence does not connect the accused to this massacre.
“I want to reiterate that we do not deny that this crime was committed and that innocent civilians suffered, but we deny the claim that Muhamet Aljidemaj participated, and in that regard, we completely oppose this indictment. We do not wish to diminish the severity of this act or question this crime. Besides witnesses, the indictment is also based on material evidence, including police and autopsy reports and video recordings. None of this evidence relates to Muhamet Aljidemaj,” the lawyer said in his closing statements.
The defense added that the prosecution did not consider the twenty-year investigation prior to his client’s arrest, asserting that, according to them, none of the witnesses mentioned the accused until his arrest.
“The Special Prosecutor's Office did not consider the 20-year investigation—investigation prior to Aljidemaj's arrest. Nobody mentioned Aljidemaj until today; the special prosecutor did not explain how that is possible, given that many witnesses were interviewed and during trials in The Hague, nobody mentioned this man,” defense attorney Delević said.
The accused, Aljidemaj, stated in court that he is innocent, claiming “not 100%, but 1000%,” and stated that he was not in Kosovo from September 1998 until 2021.
The accused, of Albanian nationality and a citizen of Serbia, also stated during the hearing on June 18, 2024, that he was not in Kosovo during the war.
Special prosecutor Iljir Morina, during the evidence presentation, stated that there is a DVD containing video footage of the victims' conditions and the moment of their burial after the killings, as well as a CD with 227 photographs showing the state of the victims on the day they were killed or discovered by locals.
“We presented a DVD that contains video footage of the state of the victims and the moment of their burial after the killings, dated April 1, 1999, and April 9, 1999. We also presented a CD containing 227 photographs showing the state of the victims on the day they were killed or when they were found by locals and subsequently buried,” prosecutor Morina stated during the evidence presentation.
Following the presentation of evidence by prosecutor Morina and the defense of the accused, attorney Miloš Delević, the hearing continued with the defense of the accused for the Izbica massacre. The trial is presided over by a panel composed of Vesela Ismailija (president) and members Kuštrima Shytija and Violeta Namani.
What does the prosecutor's dossier contain?
According to the indictment of the Special Prosecutor's Office, accused Muhamet Aljidemaj committed the crime of crimes against the civilian population in Kosovo during the war.
It is alleged that on March 28, 1999, he, together with Serbian military and police forces, descended from the mountains towards the village of Izbica. Upon reaching the village, they went to the house of victim Dž. O. and took 1,000 German marks from her, subsequently burning her property. They threatened her with a weapon to force her to guide them during the search of her house.
The dossier further states that Aljidemaj, along with the Serbian military and police, went to a meadow where civilians were gathered, using violence to separate women and children under 12 years old, forcibly compelling them to head towards Albania.
The men were divided into two groups and shot with automatic weapons, resulting in approximately 130 deaths, while only 12 civilians managed to escape.
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