After returning to restore the decision of the Foundation in Skopje, jurists in Prishtina have said that this measure increases the uncertainty for the former members of the KLA, who want to visit North Macedonia, while those in Skopje have emphasized that the decisions of the courts are the product of the approach to Kosovo applied by the new Macedonian Government
The Supreme Court in North Macedonia on Friday overturned the decision of the Basic Court in Skopje, by which it was decided not to extradite the former soldier of the Kosovo Liberation Army, Blerim Ramadani, to Serbia.
The decision was made about a week after Ramadan escaped from house arrest, following his arrest last month by North Macedonian authorities based on an arrest warrant issued by Serbia.
In the decision of the highest court of this country, it was said that the first instance did not give clear reasons when it decided that Ramadani, suspected of war crimes by the Serbian authorities, should not be extradited to this country.
"The criminal body of the Department for Organized Crime and Corruption of the Basic Criminal Court in Skopje, when making the decision confirming that the legal requirements for the extradition of the person in question are not met, did not give clear reasons why based when he made the decision. The Supreme Court considers that this type of action and the decision of the court of first instance is unclear and incomprehensible, as well as without relevant reasons that were guided by the body when making the decision", the court decision said.
However, the jurists have said that the decision of the Supremes is unenforceable, since Ramadan has escaped.
"For now, this decision has no legal effect since the former KLA soldier, Blerim Ramadani, is no longer in the territory of the Republic of North Macedonia, and as such is inaccessible to the authorities there and any decision that the Court takes for extradition to Serbia", said lawyer Arbër Jashari.
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The lawyer from North Macedonia, Bashkim Selmani, said that Friday's decision also shows the new approach of the new government in Skopje in relation to Kosovo.
"It is very normal to break relationships, that even we as citizens in such cases, do not go in favor of North Macedonia, knowing the political and economic cooperation. "Macedonia is currently expressing ill will towards the Republic of Kosovo, and indeed the Republic of Kosovo is right, because it is not only a question of the subject, but it endangers the recognition between the Republic of Kosovo and that of Macedonia," Selmani emphasized.
After the Supreme decision, the judge Jashari said that the former KLA soldiers will not be safe to go to North Macedonia, since they can be caught and sent to Serbia to be tried.
"These arrest warrants issued by Serbia through Interpol are uncertain, as they will always be a problem for former KLA soldiers, especially in these countries such as Macedonia, Montenegro, Serbia, but also another country due to of the circumstances, because it can bring problems", he said.
The decision of the Supreme Court and, in advance, the escape of Blerim Ramadani have provoked political reactions in North Macedonia.
The Democratic Union for Integration (BDI), a political entity which is now in the opposition, in a reaction has expressed its shyness that the decision of the Supreme puts all KLA soldiers at risk of being extradited to Serbia.
"With laudatory posts on their Facebook profiles, the gentleman and entrepreneur builder Izet Mejhiti and Dr. Arben Taravari rushed to take credit for the 'release' of the former KLA soldier. The Ministry of Internal Affairs and the Prosecutor's Office should interrogate them and hold them accountable for their role in the 'release' of Ramadan! Are they considering that the responsibility lies with the Ministry of Internal Affairs as in the whole world? How do Mejhiti, but also Taravari, Kasami, Gashi, Qoku, comment on the decision of the Supreme Court that endangers all the soldiers of the Kosovo Liberation Army to be extradited to Serbia?", said DUI.
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Meanwhile, in a press conference, representatives of the Social Democratic League that governed in this country, accused the structures of the Ministry of Internal Affairs for Ramadan's escape, through which he escaped extradition to Serbia.
Ramadani, who is from Ferizaj, was arrested on July 17 at the border crossing point in Jazhinca, while he was entering North Macedonia.