English - Eulex

Skender Islami et alia
The trial in this case was concluded on 25 January 2008 in Pristina District Court. The defendants were
found guilty of criminal offences including participation in a group that commited a criminal act. This
case is connected with the 17 March 2004 riots in Fushe Kosova/Kosovo Polje. Among the group of five
defendants, Skender Islami (sentenced to eight years) and one other defendant (sentenced to seven years)
were in detention in Dubravë/a Prison, while the other three defendants were free pending the appeal.
The case was transferred to the EULEX judges in the Supreme Court on 20 January 2009. The panel, composed
of two EULEX judges and one Kosovo judge, announced the verdict on 20 October 2009, partially granting
the appeals of four of the defendants including Skender Islami, and acquitting the fifth defendant of all
charges against him. Skender Islami was sentenced to three years and six months of imprisonment. Two of
the other three defendants were sentenced to one year and six months and the third to two years and six
months in prison. The time spent in detention on remand was included in the term of the punishments.
The court further decided that the four defendants must jointly reimburse the costs of the proceedings.
The court also revoked the first instance decision on property claims, and instructed the injured parties to
pursue their property claims in civil litigation.
The main arguments for the decision were summarized by the presiding EULEX judge as follows:
1) Statements on which the first instance verdict was based had been given by juveniles in the capacity
of suspects without the assistance of a defence counsel, which was mandatory. Consequently, they were
radically illegal and could not be used either for challenging the declarations of witnesses and defendants
or for reconstituting the facts;
2) The criminal offence of participating in a crowd can not be concurrent with the graver offence of causing
general danger, but is to be absorbed in it.
Sadri Shabani et alia
Sadri Shabani and five other defendants were charged with aggravated murder, causing general danger,
participation in a group that commits a criminal act, illegal possession of weapons and ammunition and
suppression of evidence. The allegations were related to the murder of a Kosovo Serb and the serious
injury suffered by his mother during the March 2004 riots in Gjilan/Gnjilane.
The first instance Gjilan/Gnjilane District Court found the defendants guilty of participation in a group
which took the victim’s life, inflicted serious bodily injury on his mother, and considerably damaged the
house of the victim and at least one car.
The punishments varied from 16 years to 2 years and 6 months of imprisonment. Apart from one, all
defendants appealed against the verdict; their appeals were heard in the Supreme Court on 23 June 2009.
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