18.07.2024. » 13:00


#2 Touches the end of the trial against the accused for the massacre of Istog and the surrounding villages, his lawyer: We do not deny that a crime was committed



The trial of Ekrem Bajrović, accused of the massacre in Istog during the years 1998-1999, carried out by the Serbian forces, has reached the end.

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The trial of Ekrem Bajrović, accused of the massacre in Istog during the years 1998-1999, carried out by the Serbian forces, has reached the end.

In the session of 18.07.2024, in the trial against Bajrović, who is accused of being part of the Serbian forces that carried out this massacre, prosecutor Ilir Morina, the defense of the accused, the injured present and the accused himself gave the final words.

Present from the witness line were Naim Elshani, Beqir Zogaj, Albert Zogaj, Ylber Lipa, Daut Elshani, Riza Mavraj, while the others Florim Gashi, Sami Shalaj, Skender Racaj, Ramiz Zeqiraj, Ismet Kikaj and others were not, but the court found that their absence does not constitute a reason for not continuing the session where the final words will be given.

According to the prosecution, he was part of the police and military forces that killed 15 civilians in the village of Staradran on 05/08/1999. The Prosecution's file says that Bajrović contributed to the application of repressive measures of murder, raids, beatings, ill-treatment, arrests, torture and inhumane treatment of the Albanian civilian population.

The judging panel asks if there are any other proposals for extracting any evidence, or supplementing the evidence that has remained unadministered.

Neither the Prosecution nor the defense had any other proposals, so as a result the prosecutor started with his final speech.

The prosecutor began his closing argument by saying that someone must live to tell.

Therefore, in the name of the murdered victims who cannot speak for themselves, and in the name of justice, we ask that this atrocity not go unpunished, in such an atrocity where a civilian was killed every 10 minutes. The prosecutor added that the role of Bajrović was not a passive participant, but was active and was carrying out actions like the other participants, essentially contributing to the commission of the criminal offense, killing mostly Albanian nationalist males. As a member of the police force in Istog, he participated in the killing, torture, beating, looting of the civilian population that was moving in the convoy, which in the village of Staradaran was stopped by the forces he belonged to, first of all the civilians, 16 civilians of Albanian nationality. Further regarding the nature of the criminal offense, the prosecutor added that the Joint Criminal Enterprise is a form of criminal responsibility in international criminal law, where individuals can be held responsible for the actions committed. He proposed to the court that all aggravating and mitigating circumstances should be taken into account during the examination of the case and the sentencing. As a mitigating circumstance, consider the fact that Ahmet Elshan and several other people were saved on the day of the cruel murder. While as an aggravating circumstance; the degree of criminal responsibility, the motive, his behavior after the commission, etc.

At the very end, the Prosecutor's Office added that the victims of these atrocities demand justice, and the message will be sent to the other defendants that even after 20-30 years, whenever you encounter them, you will answer to the justice.

The witnesses and at the same time the victims of the case agreed with the final words of the prosecutor and at the same time requested a legal property claim.

The lawyer of the protected in his final speech added that the defense against the Special Prosecutor's Office claims that the indictment which was the subject of this 7-month trial is not based on reliable evidence, is not admissible and therefore we consider that it cannot basis for a conviction. He added, among other things, that he feels the need to repeat what he said in this courtroom 7 months ago at the initial hearing, we do not deny or minimize what happened on May 7 and 8, 1999, we agree that they are killed innocent people and we have no problem saying it in this court and outside this court. However, the defense as a whole denies the allegation from the accusation that Ekrem Bajrović on May 7 and 8, 1999 participated in the commission of the criminal offense he is charged with. In spite of this, he said that during this period he tried to come to the aid of his fellow villagers, thus going against his superiors.

While the accused Ekrem Bajrović in his final speech emphasized that he feels ashamed that he has to defend himself from such an accusation, since according to him he has always lived in peace with his Albanian neighbors. Among other things, he emphasized "It is true that I was a policeman. All my life I have had problems with superiors. I tried to help and make it easier for people wherever I could. They are still my neighbors, they recognized me, my father the bus driver, even on the critical day when the unfortunate murders happened, I tried to help people, and the prosecution witnesses have stated about this, it is true that I saved Ahmet Elshan and many others. I have known some members of the Kabashi family because they built the top of the house for me before the war, when I told them to pass with my hand, 100 other people also passed with them. Innocent civilians were killed that day, but I did not participate in that. I don't even know who did this. When I helped Ahmet Elshan and the Kabashi family. Dezimir Luziq started shouting at me and sent me to Gurakoc. So that I don't have problems with other paramilitaries. For all the above, even though I was a policeman, I didn't want to leave my house, because I was able to see each one at home with the insistence of my mother and family, at the end of June, on 27.06 in the afternoon, I left for Montenegro. I came to Kosovo every year, sometimes more than once a year. I was judged with the usurpation of my land, and I am still being judged to this day. I moved very normally in Peja, Istog, restaurants and all this until my arrest. I didn't have any problem. In the end, I want to repeat once again that I am not guilty of any point of the indictment. I expect you to give me the acquittal."

This article is supported by YIHR KS as an implementing partner of the United States Agency for International Development (USAID). The content of this article is the sole responsibility of Internews Kosovo as lead partner and NGO ACDC as implementing partner and does not reflect the views of the United States Agency for International Development, the U.S. Government, or the Youth Initiative for Human Rights (YIHR KS).