English - Eulex

injury to one of the victims and causing damage to the car. The court found the defendant guilty of light
bodily harm (CCK, Article 153, paragraph 1(4) and paragraph 2) and damaging movable property (CCK,
Article 260, par. 2). The court further held that the crimes were ethnically motivated. Daut Rrahmani was
sentenced to 6 months imprisonment. The execution of the sentence was suspended for two years, which
meant that if the defendant behaved well during this period he would not have to serve the 6 months
imprisonment. If he did not behave then he might have to serve, there would of course be another trial
for the new crime in which the previous sentence was to be taken into account in determining the new
punishment.
Predrag Djordjevic (primary/exclusive competence)
The verdict in the trial against the Kosovo Serb defendant Predrag Djordjevic was pronounced in the
District Court of Mitrovicë/a by a panel of three EULEX judges on 19 November 2009. The defendant had
been in detention since 14 June 2008.
According to the indictment of the Special Prosecution Office filed with the Registry of the District Court
of Mitrovicë/a on 2 July 2009, the defendant was charged with the following criminal offences: inciting
national, racial, religious or ethnic hatred, discord or intolerance, contrary to Article 115, paragraph 3, read
with paragraph 1 of the CCK commission of terrorism, contrary to Article 110 par. 2 and 1 read with Article
109 par.1, subparagraphs 2, 7 and 10 of the CCK; attempted aggravated murder, contrary to Articles 146
and 147 as read with Article 20 of the CCK. The terrorism charge was withdrawn by the SPRK during the
trial proceedings.
After 15 hearings in public, all in the presence of the accused, his defence counsels and the EULEX prosecutor,
during which 27 witnesses were examined, the verdict was pronounced in public on 19 November
2009. The panel found Djordjevic guilty of inciting national, racial, religious or ethnic hatred, discord or
intolerance contrary to Article 115, paragraph 1 of the CCK, for the act of placing a flag symbolizing the
Orthodox Christian religion on top of one of the cupolas of the Isa Beu Mosque in south Mitrovicë/a on 14
June 2008.
The panel also found the defendant guilty of attempted aggravated murder contrary to Article 147 (10)
of the CCK, in conjunction with Article 20, paragraph 1 of the CCK with regard to his actions against Enver
Pllana because on 14 June 2008, armed with a knife and a pistol, the defendant entered the fenced yard
of the south Mitrovicë/a Police Station and with the intention to deprive his victim of life, he shot at close
range at a police officer who was executing his duty to protect the legal order, causing grievous bodily
injury.
The charge of commission of terrorism, contrary to Article 110, paragraphs 1 and 2 of the CCK as read with
Article 109, paragraph 1 (2) (7) and (10) of the CCK was rejected under Article 389 (1) of the CPCK.
In determining the appropriate sentence, the panel took into account the unbalanced mental state,
psychotic personality, and limited decision-making capacity of the accused, as described by a courtappointed
psychiatrist. In light of this particularly mitigating circumstance, an aggregate sentence of six
years and three months was imposed.
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