21.12.2024. » 16:24
#18 Trial of Ekrem Bajrović, accused of war crimes against Albanian civilians in Istog and surrounding areas, nears conclusion
The concluding remarkes were given in the Pristina Court after 7 months of trial of Ekrem Bajrović, accused of war crimes in Kosovo in 1998-1999, in Istog and surrounding villages.
The Prosecution's file states that Bajrović contributed to the application of repressive measures of murder, raids, beatings, mistreatment, arrest, torture and inhumane treatment of the civilian population.
According to the Prosecution, he was part of the police and military forces that killed 15 civilians of Albanian nationality in the village of Staradran on 08.05.1999.
In his closing statement, Prosecutor Ilir Morina called for the defendant’s conviction in the name of the victims and justice, urging the court to consider both mitigating and aggravating circumstances.
"Someone must survive to tell the story. 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," said Prosecutor Morina on July 17, 2024.
He asked the court to consider as a mitigating factor the fact that Bajrović had saved Ahmet Elshani and several others. As aggravating factors, the prosecutor emphasized the degree of criminal responsibility, the motive for the crime, the level of risk and harm to protected persons, Bajrović’s prior conduct, and his behavior after the crime.
Through his statement, the prosecutor also sent a message to other fugitives.
“The victims of these atrocities demand justice, and the fugitives who are in hiding will receive the message that regardless of whether it’s been 20, 30 years, or more, whenever they are found, they will face justice," Morina concluded.
Meanwhile, the defense requested Bajrović’s acquittal, reiterating that while they do not deny the crime in Staradran, their client did not participate in the crimes attributed to him by the Prosecution.
"We agree that innocent people were killed, and we have no problem stating that in this Court, to the media, and the public. However, the defense fully denies the accusation that Ekrem Bajrović participated in the crimes on May 7 and 8, 1999," said defense attorney Lubomir Pantović in his closing remarks.
Bajrović himself addressed the court, expressing "shame" for having to defend himself against the indictment by the Special Prosecution. In his statement, he emphasized that he was present on the critical day and had saved people but did not know who committed the crimes.
"I feel deeply ashamed to have to defend myself against such an accusation. I have always tried to live with a clear conscience. I lived peacefully with my Albanian neighbors. It is true that I was a police officer, but I had lifelong problems with my superiors. I tried to help people wherever I could. Even though they are still my cousins, they knew me, my father, a bus driver, and even on the critical day when the unfortunate murders occurred, I tried to help people. On the critical day, innocent civilians were killed, but I did not participate in that. I don’t even know who did it," Bajrović told the court on July 17, 2024.
The verdict in his case is scheduled for July 19, 2024.
The trial panel in this criminal case consists of Mentor Bajraktari, Presiding, with members Arben Hoti and Kujtim Krasniqi.
On July 3, 2024, Bajrović chose to remain silent during his defense.
"I have consulted with my defense counsel I was questioned for two days by the prosecutor, where I provided clear answers. After consulting with my defense, I have nothing further to declare and will defend myself in silence," Bajrović stated before the court.
Following Bajrović's silence, 86-year-old Daut Elshani presented the court with three photographs of his sons, who were killed in Staradran in May 1999. He testified that on the day his sons were murdered, Bajrović was armed and present at the scene.
One of his sons was just 16 years old.
Daut Elshani recounted the moments when his sons were taken, his hope that they would survive, and his plea for justice.
“I haven’t seen this man [the accused] hitting people.” The others, yes. He was armed and protecting them. He knows who killed whom. I will not leave this courtroom until I am told who killed my sons. He is strong, and I am weak. He can talk; I cry. He closed the door on me with thorns. It is not easy to have three sons killed without reason. My brother the fourth, Naim the fifth. Have you a soul? "It is a sin, a sin from God,” witness Elshani said in the hearing on 27.06.2024.
In the trial against Bajrović, the Prosecution and defense evidence were administered, including: Technical criminal file dated 27.10.2022, Crime scene report dated 27.10.2022, Photo album dated 27.10.2022, Information report dated 16.01.2023, Information report dated 18.05.2023, Video recording from the crime scene [was found to have been viewed], Information report dated 19.10.2022, Crime scene inspection report dated 27.10.2022, 19 minutes of identification of the suspect through photography, death certificates of the victims indicating the time and place of death, as well as defense evidence which was a judgment of the basic court with a number. P.nr.1060 dated 22.03.2022, the certificate of ownership, as well as a statement from the Vitomerica Police with the accused as the injured party dated 04.02.2019.
What does the Prosecution's file say about Ekrem Bajrović?
According to the indictment, during the war in Kosovo, in the years 1998-1999, in Istog and the surrounding villages, Bajrović contributed to the application of repressive measures of murder, raids, beatings, mistreatment, arrest, torture and inhumane treatment of the civilian population.
He is accused of having committed these acts as a member of the Serbian police and military forces, individually and in complicity with other persons.
The indictment states that in the village of Staradran on 08.05.1999, the line of civilian population heading towards Albania was stopped by these Serbian police and military forces, of which Bajrović was also a part, at which point the boys and men were separated from the rest of the group.
Initially, they were robbed of their money and other valuables, and then placed in the yard of a person's house where they were lined up, with their hands raised and their faces facing the yard wall, during which time Serbian forces physically attacked them and beat them with various means, the indictment alleges.
During this time, Serbian police and military forces were addressed with the words: “Where is NATO?” and "Where is the KLA?”.
The indictment states that they were then taken to a house, where they shot at least 16 Albanian civilians. Only one of them had survived, although wounded.
Meanwhile, according to the indictment, on 07.05.1999 the accused participated in the arrest, kidnapping and mistreatment of 84 Albanian civilians, who had initially separated them from the convoy and taken all their money and valuables.
These people were then taken to Gurakovc, to a bar, where they were mistreated and tortured in an inhumane manner, and then transferred to the Gurakovc police station.
According to the indictment, the line was led by the defendant Ekrem Bajrović, a Bosnian national, who had hit a person on the right side below the ribs with the butt of his automatic rifle.
Later, according to the indictment, after placing the civilians in the police station, they tortured them inhumanly, subjected them to psychological violence, and threatened them with death. The indictment further states that in addition to serious bodily injuries, they were also caused trauma and health consequences.
According to the indictment, these actions are sanctioned under local laws as well as the International Geneva Convention.
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