Attack in Banjska/ Court rejects trial in absentia

2025-04-18 18:29:00, Kosova & Bota CNA

The Basic Court of Pristina announced on Friday that it has rejected the Special Prosecution's request for a trial in absentia in the case of the attack in Banjska in northern Kosovo.

The trial in the Banjska case, where a Kosovo Police sergeant was killed, began on Thursday for the three defendants who were captured after the 2023 attack.

For the other 42 defendants in this case, who are at large, including Milan Radoicic, who claimed responsibility for the attack, prosecutors had requested a trial in absentia.

The court said the prosecutors' request for a trial in absentia is "unfounded."

"At this stage of the procedure, the trial in absentia against the defendants who are on the run cannot be proceeded with, as the conditions set out in the Code of Criminal Procedure and the Criminal Code of the Republic of Kosovo for trial in absentia have not been met," the Basic Court said.

The Basic Court in Pristina had previously issued international arrest warrants with the aim of bringing them before the court.

The forty-two suspects are accused of terrorism, serious offenses against the constitutional order and security of Kosovo, while Radoi?i? is also accused of facilitating and financing the commission of terrorism, as well as money laundering.

The court emphasized that their trial should continue after their arrest and extradition to Kosovo.

This decision can be appealed to the Court of Appeal.

In cases of trial in absentia, which were made possible in Kosovo with the legal changes of 2022, it is required to exhaust all options to ensure the presence of the accused.

In other cases of this type, Kosovo has requested authorities in Serbia to send an invitation for questioning to the defendants, and the trial case has only continued after no response has been received from the defendants.

In the first hearing of the Banjska attack case - on Thursday at the Basic Court of Pristina - the lawyer for the family of Sergeant Afrim Bunjaku who was killed in that attack, Arianit Koci, requested life imprisonment for the accused.

Defendants Vladimir Tolic, Blagoje Spasojevic and Dusan Maksimovic pleaded not guilty to charges of terrorism, financing of terrorism and serious criminal offences.

They were arrested after the attack in Banjska, Zve?an, in September 2023, when an armed group of Serbs attacked the Kosovo Police and killed police officer Bunjaku.

In the ensuing firefight, three more attackers were killed.

Kosovo authorities describe the attack in Banjska as a terrorist act and accuse Serbia of being behind it.

On the other hand, Serbia has denied any involvement in the attack in Banjska, while Serbian President Aleksandar Vu?i? has emphasized that for Belgrade this attack is not terrorist, but that it is being investigated.

The international community has strongly condemned the attack in Banjska and demanded that those responsible be brought to justice./ CNA