Supreme Court – Foto: KALLXO.com
The detention measure that was assigned to the 14 people arrested on suspicion of planning terrorist attacks in Kosovo and the region, according to the Supreme Court decision did not meet the legal conditions required in criminal proceedings.
The Supreme Court annulled the decisions of the Pristina Basic Court and Court of Appeal regarding the detention of 14 suspected terrorists, seeking new evidence by the prosecution.
The detention measure that was assigned to the 14 people on suspicion of planning terrorist attacks in Kosovo and the region, according to the Supreme Court decision did not meet the legal conditions required in criminal proceedings.
“The case shows that absolutely there is no proof that is required at this stage of the proceedings to make suspicion and no evidence that would make fear-based than where they are at liberty defendant would obstruct the investigative process,” said the Supreme Court’s decision.
Further, the Supremes ruling means that a ruling was assigned detention by the Basic Court and the narrative is simply no evidence.
“Finding laptop, Islamic literature, and any content in the Arabic language, are not proof that these people belong to a terrorist group,” reads the decision.
Using a critical language against the decision of the Basic Court in the Supreme Court’s decision stated that the assignment of detention without evidence may undermine legal security of citizens.
“In criminal law except that the presumption of innocence applies, it applies to no one standard that can not be initiated criminal proceedings without grounded suspicion existed that can be proved by the plaintiff and the court justified. Without these legal conditions, the criminal process – detention appears to be arbitrary, also violates legal safety of citizens, but in this case neither the prosecution nor the court have indicated no evidence to prove the relevant fact for detention, “suspicion” without which no man may be assigned detention, “reads the decision.
The decision of the Supreme Court, which has secured KALLXO.com is also equally critical to the decision of the Court of Appeal.
“The Court of Appeal without any critical analysis and no response to the allegations has confirmed the decision of the illegal court of first instance, on the grounds” generous and stereotypes common style “does not stand The claim” without giving any reason on which dimensions Too lawful decision, “reads the decision of the Supremes.
Based on all these findings, the Supreme Court annulled the decisions of the Basic Court and the Appeals detention setting, turning this in restoration and has continued detention of suspects until a new decision of the Basic Court.
The session will be held on Friday.
The lawyer of one of the suspects in this case, Mahmut Halimi says that now liable to prosecution articulable evidence to justify its claim.
“The prosecution must prove evidence articulable suspicion level and not be caught people on the street and to put an attribute that may not have because all have criminal provisions of the principle of presumption of innocence. No one can be considered guilty without a final decision, “said Halimi.
Under suspicion were planning terrorist attacks in Kosovo and had contacts with Lavdrim Muhaxheri, Kosovo police arrested 17 people on them while Merita Bina-Rugova prosecutor requested detention.