BLOG  Legal Angle

10/22/2023.

Written by Luka Jovanović
attorney-at-law and FSD Program Director

JUSTICE FOR RADOIČIĆ

Nearly a month has passed since the armed incident in Banjska and the international community is, as expected, insisting that the perpetrators in that incident be held accountable. This insistence has been made official with the passing of the EU Parliament's Resolution on October 19^th which demands that all the uncovering of all the facts surrounding the incident and the sanctioning of those responsible in accordance with the law.

That demand was seconded by the “EU five”, two days later, during their first visit to Belgrade after the passing of that resolution (and after Banjska), at their meeting with the President of Serbia.

In the weeks after the incident in Banjska, and before the passing of the EU Parliament’s Resolution, we have analysed here the questions of potential criminal accountability of Milan Radoicic and his group, the avenues for the criminal prosecution of those individuals in Serbia, the possible extradition of Milan Radoicic to the Pristina authorities, as well as a potential international investigation which would determine all the relevant facts surrounding the events of September 24^th.

How did the Republic of Serbia use that time?

In a word, poorly. Very poorly.

So poorly, in fact, that the mentioned Resolution does not give any credence to the current investigation against Radoicic in Serbia!

The numerous flaws of that investigation, which we pointed out in our considerations of a potential international investigation, as well as the actions of the public prosecutor and the courts in this case which was subject to numerous criticisms, generated mistrust of Serbia’s investigative bodies in the international community which reached its peak on October 19^th with the Point 11 of the Resolution which “ expresses deep concern that all those responsible for the attack in Banjska might not be brought to justice.”

Not only that!

The Resolution also calls upon Serbia to “fully cooperate” with the investigation conducted by the Pristina authorities and to – as it is stated in Point 11 of the Resolution - “ bring those responsible for the attack who are currently residing in Serbia to justice in accordance with the law, including their extradition to Kosovo.”

In the very first text on the subject of the Banjska incident we warned that “should Serbia be unable to investigate the activities of Radoicic and his group within its own jurisdiction and in accordance with its own laws, the institutions of Kosovo will and that they will have the support of the international community to do so.”

Those warnings have, regrettably, been ignored.

* * *

After the passing of the Resolution of the EU Parliament Serbia is facing the political consequences of its own omission to undertake the necessary legal steps to sanction those responsible for the armed incident in Banjska.

What can Serbia do now to avert those “indicated consequences”, or to soften them at least?

For starters, it would have to take its judicial authorities’ investigation of Milan Radoicic much more seriously.

Taking it more seriously would entail, primarily, a) identifying and naming of all members of Radoicic’s group who were personally involved in the armed incident in Banjska, b) identifying all persons involved in aiding those individuals in the organization of the armed action in Banjska by providing them with access to weapons that were used there, helped them to transport those weapons onto Kosovo territory as well as c) the people who financed the acquisition of those weapons.

Each of those individuals would need to be placed into custody in order to stop them from escaping and to alleviate the danger of them destroying any evidence or tampering with witnesses.

Furthermore, the investigation needs to determine d) how did this group operate on Serbian territory and establish e) how is it possible that the entire security apparatus was unaware of the existence of this group, their activities and plans, as well as why didn’t they undertake any steps within their competences against the group if they had known about them?

Finally, the entire investigation into these matters as well as the existing case against Radoicic and his unnamed co-conspirators needs to be ceded to the Public Prosecutor’s Office for Organized Crime.

Not only because the scope and the nature of the case require it, but also because the way that the case has been conducted so far by the Public Prosecutors’ Office in Belgrade is exactly what brought Serbia into this difficult situation, and that is why a new beginning in this legal matter is required.

* * *

If none of these steps are undertaken, that will confirm the fears that the individuals responsible for the attack in Banjska will never be sanctioned.

Worse, it will make it clear as day that there is no institution in Serbia that has either the will or capacity to prosecute this case in a way that satisfies the not only the standards that are expected of a candidate for EU membership but also the minimal standards that need to be upheld if there is rule of law in any country.

If that is to be the new legal standard of Radoicic’s Serbia – as it would then stop being Our country if he is to be exempt from and above Our laws – then that’s fine.