The Court of Appeal has approved the appeal of the Special Prosecution Office to change the Basic Court's ruling on the release of Nebojša Tomashević, suspected of war crimes in Syrigana, Skenderaj.
The Court of Appeal has justified the decision that the first instance court incorrectly assessed the release of Nebojsha Tomashević, suspected of war crimes in Syrigana, Skenderaj. The Court of Appeal has ordered him to be detained for 30 days.
Tomashević, who was arrested on March 1 of this year along with other people for war crimes in Syrigana, Skenderaj, was acquitted by the Basic Court after finding that the defendant did not commit the criminal offense he is suspected of.
for Against this decision of the Basic Court, the Special Prosecution, which requested detention for the suspect, had filed an appeal with the Appeals Court.
According to the Appeals Court decision, there is a well-founded suspicion that Tomasevic was involved in criminal acts against the civilian population during 1999.
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Appeal returns to custody the suspect for war crimes in Syrigana, Nebojsa Tomasevic
"The statement of the witness who stated that during the events he clearly remembers the voice of Nebojša Tomašević, who had fired with a machine gun and shouted 'Azem Bejta, wait', and this statement constitutes an important identifying element since the witness connects the defendant Nebojša Tomašević to the scene of the incident and to the armed actions of the Serbian forces during the attacks on the civilian population," the Court of Appeals decision states.
In the second instance decision, it is stated that there are other witnesses who saw the suspect Tomašević armed.
"The witness's testimony according to which during the war, at a time when the OSCE was present in that area, she had returned to the village of Syrigana to see the condition of the house and on that occasion had met with the defendant Nebojsa Tomashević, who was armed and had addressed the witness with the words 'you will never return to Syrigana'," the Appeals decision states.
According to the Court of Appeals, the imposition of pre-trial detention on the suspect Nebojša Tomašević has a legal basis since there is a risk of the defendant's escape, as he has Serbian citizenship.
The lawyers of the other defendants Ratko Krakovic, Goran Tomasevic, Sinisa Tomasevic, Predrag Tomasevic, who have been in custody since the beginning of March this year, had also filed an appeal, requesting the release of the defendants.
But, the Court of Appeal rejected their appeals.
According to the Court of Appeal, there is a well-founded suspicion that the aforementioned defendants have committed the criminal offenses they are charged with.
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The Supreme Court upholds the detention of Ratko Kragović, accused of war crimes
The second instance decision states that the testimonies of the witnesses prove the fact that the defendants during June 1998 began attacks and ethnic cleansing of the village of Syriganë by firing with various weapons from different positions where they were located, positions and locations are described by the witnesses with precise names.
The suspects were arrested on March 1 of this year, in Syrigana, Skenderaj, for the criminal offense of "War crimes against the civilian population."