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Humanitarian Law CenterSerbian Supreme Court Belgrade, 19 November 2002President Mrs. Lepa KaraMarkovićPresiding judge,I am writing to you regarding the war crimes trial before the Prokuplje DistrictCourt, which is conducted with numerous difficulties. Even though theSerbian Supreme Court overruled the Prokuplje District Court’s request forthe transfer of authority, I must again present the arguments that point outthe necessity to reconsider once more the court’s jurisdiction for processingthe cases of war crimes.Saša Cvjetan and Dejan Demirović (tried in absentia) are being tried inProkuplje for a war crime committed against the civilian population on 28March 1999 in Podujevo, Kosovo. The trial began based on an incompleteand trivial indictment by which two members of the reserve Serbian Ministryof Interior unit are charged with the murder of 19 Kosovo civilians, mostlywomen and children.The trial panel is professionally incompetent to process the case in line withthe only purpose of the proceedings, which is to bring justice and handdown impartial verdicts. The trial panel obviously prefers witnesses whotestify in the favour of the defendant. It turns down witnesses, without validarguments, who could give significant contribution to the fact-findingand establishing responsibility of the defendants. The partiality of the trialpanel towards defendant Saša Cvjetan prevents the court from gatheringevidence that would contribute to the process of bringing justice for the defendantas well as for the victims. This way, a trial without evidence leads toacquittal and praising war criminals as heroes.The presiding judge does not react to the defence counsellors’ acts bywhich they insult the court. He lets the attorneys interrupt and warn himnot to distract their defence. The presiding judge does not react when defendantCvjetan threatens journalists and non-governmental organisationsbecause of their trial monitoring reports. It is understandable that none ofthe Albanian witnesses is ready to testify before the Prokuplje trial panel.The fact that none of the Albanian witnesses has appeared in the trials forwar crimes committed in Kosovo that are being processed in Serbia, points86