The issue of the trial in absentia for "Banjska", the Supreme Court: It is at the discretion of the judges to decide as they see fit

The Supreme Court after considering the request of of the Basic Court in Pristina "for giving a legal opinion in relation to article 303 paragraph 7 of the Criminal Procedure Code in the case of "Banjska", clarified that he does not give legal opinions on the dilemmas that the first instance has during the case proceedings.

In the session of September 27, 2024, the Basic Court in Prishtina announced that it will turn to the Supreme Court to request an opinion on whether the "Banjska" case can be applied in absentia.

The Supreme Court, through a written response, has announced that this court has already notified the Foundation regarding their request for the interpretation of this case.

"After examining this request, the Supreme Court, through a written response, informed the requester that "it never gives legal opinions on the dilemmas that the court of first instance has in the interpretation of any provision during the proceedings of open criminal cases, and which they could later raise in the Supreme Court of Kosovo". Therefore, the Supreme Court considers that it is up to the discretion of the judges to decide as they see fit," the Supreme Court's response states..

Otherwise, in the initial hearing held on October 9, 2024, the accused Blagoje Spasojevic and Vladimir Tolic did not plead guilty. On the other hand, Dushan Maksimović was declared innocent regarding the charge for the terrorist attack in Banjska.

On September 11, 2024, the Special Prosecutor's Office of the Republic of Kosovo (PSRK) filed an indictment against Milan Radoicić and 44 others for the terrorist attack of September 24, 2023 in Banjska i Zveçani. The accused are charged that through the use of violence with heavy weapons, they tried to separate the northern part of the territory of the Republic of Kosovo and join it to the Republic of Serbia, in which case as a result of the violence used, the police officer Afrim was left dead Bunjak eu endangered the lives of other police officials and the civilian population.

However, the head of this structured terrorist group, Milan Radoicic, is charged with providing income indirectly from 2017 until September 24, 2023, and converting this money into real and movable assets, where a part of has transferred real estate to third parties, with the aim of hiding or disguising the source of the wealth.

The 45 accused are charged with the criminal offenses of "Committing a terrorist offense", "Serious offenses against the constitutional order and security of the Republic of Kosovo", "Facilitating and financing the commission of terrorism" as well as "Money laundering".

Who are the accused who are charged together with the head of the criminal group Milan Radoicic?

The first indictment of the SPRK charges the accused: Milan Radoicic, Blagoje Spasojevic, Vladimir Tolic, Dushan Maksimovic, Vladimir Radivojevic, Ugljesa Jaredic, Milorad Jevtić, Vlastimir Andrić, Aleksandar Milosavljevic, Lazar Smigić, Veljko Djordjević, Vladimir Vucetić, Stefan Jovanović, Milovan Krstović, Uros Milik, Trajko Vasić, Danilo Vasić, Vukasin Jaredić, Sasa Perić, Nemanja Stanković, Momčilo Vučković, Stefan Radojković, Marjan Radojević, Marko Arsić, Zarko Cvetković, Krsto Damjanović, Stefan Milosavljevic, Marko Savić, Aleksandar Jevremović, Radosh Gvozdić, Ivan Miliq, Gojko Zubaq, Nemanja Radivojevic, Radak Adziq, Milos Milenkovic, Dorde Balović, Danijel Dukić, Danilo Virijević, Aleksandar Tanasković, Milos Kragović, Miljan Nedeljković, Nikola Ilić and Vladan Ilić.

According to this provision, on September 24, 2023, from 01:00, in the village of Banjské in the Municipality of Zveçan, the defendant Milan Radoicic, in the capacity of the head of the structured terrorist group, together with the participants, in various roles, starting from the role of road blockers, professionally trained, where the majority of the group, having entered the territory of the Republic of Kosovo illegally from Serbia in an organized manner through mountain roads, with dozens of cars and some of them armored vehicles, filled with heavy weapons, ammunition, rocket launchers, explosives, camouflaged military uniforms and military logistics equipment, initially blocked the road to the village bridge with two trucks.

Further, according to the indictment, they hid and took their positions and after the police officers of the Republic of Kosovo came to remove the trucks and clear the road, at that moment they attacked them with explosives and heavy weapons.

In which case, according to the indictment, police officer Afrim Bunjaku was killed at the village bridge, police officer Alban Rashiti was injured, and other police officers were injured: Çlirim Shaqiri, Mirsad Kryeziu and Sedat Dushi.

Still according to the indictment, the attack continued until 15:00 when the vast majority of this group fled towards the mountain roads to Serbia, all this with the aim of seriously destabilizing and destroying the basic political, constitutional, economic and social structures of the Republic of Kosovo.

Therefore, for these actions, they are being charged with the criminal offense "Committing a terrorist offense" sanctioned by Article 129, paragraph 3 in relation to paragraph 1 in relation to Article 128, paragraph 1, point 1.1, 1.3, 1.7 and 1.10 of the Criminal Code of Republic of Kosovo (KPRK).

"Through the use of violence with heavy weapons, they tried to separate the northern part of the territory of the Republic of Kosovo"

In this provision, all the aforementioned accused are accused that at the time, place and manner according to the first provision, where Milan Radoicic as the head of the structured group with all the other accused, had acted according to preparations and well-organized plan in advance.

The indictment says that through the use of violence with heavy weapons, they attempted to separate the northern part of the territory of the Republic of Kosovo, respectively the municipalities inhabited by a majority of Serbs.

In the indictment it is said that they tried to annex this part of the territory to the Republic of Serbia, in which case as a result of the violence used, the police officer Afrim Bunjaku died and the lives of other police officers and the civilian population were endangered.

Therefore, for these actions, the same is being charged with the criminal offense "Serious offenses against the constitutional order and security of the Republic of Kosovo" sanctioned by article 126, paragraph 1, subsection 1.1 and 1.2 related to article 118 of the Criminal Code.

What is Milan Radoiçiqi accused of?

The third and fourth charges of the indictment charge only the accused Milan Radoicic. He is charged that from 2017 to September 24, 2023, as the head of a structured terrorist group, he provided income indirectly.

According to the indictment, most of them were used for heavy weaponry - purchase and supply of heavy weapons for the terrorist group, military uniforms - provision of uniforms for the participants of the group, logistical support - provision of equipment and logistical services for the operations of the group, the payment of the participants of the group - the financing of the participants of the terrorist group. All this to ensure their continued involvement and engagement in criminal activities, actions aimed at facilitating and financing terrorist acts, thus creating the necessary capacities for committing terrorist acts.

Therefore, for these actions, Radoicic is being charged with the criminal offense of "Facilitating and financing the commission of terrorism", sanctioned by Article 131 of the Criminal Code in relation to Article 57 of the Law on the Prevention of Money Laundering and Combating the Financing of Terrorism.

And in the fourth provision, Radoicic from January 1, 2017 until September 24, 2023, knowing that part of his income originates from the criminal activity defined as in point III of the provision and other criminal activity, through cooperation and to the assistant of the defendant Radule Steviq - owner and responsible person of the businesses RAD DOO and Radule Steviq, BI and their economic activity, he converted this money into immovable and movable assets, where he transferred a part of the immovable assets and to third parties, with the aim of hiding or disguising the source of wealth.

Therefore, for these actions, Radoicic is being charged with the criminal offense of "Money Laundering" sanctioned by Article 302 of the Criminal Code in relation to Article 56, paragraph 1, subsection 1.1 of the Law on the Prevention of Money Laundering and Combating the Financing of Terrorism.

The fifth provision accuses the legal entity "RAD DOO" of money laundering

In this provision, the legal entity "RAD DOO" owned by the accused Radule Steviq is charged that from January 1, 2017 until September 24, 2023, knowing that the wealth of the defendant Milan Radoicic originates from criminal activity, through the exercise of economic activity, has cooperated and assisted him to convert his wealth, in order to conceal or disguise the source of the wealth.

Therefore, for these actions, the legal entity "RAD DOO" is being charged with the criminal offense of "Money Laundering" sanctioned by Article 302 of the Criminal Code in relation to Article 56, paragraph 1, subsection 1.6 in relation to subsection 1.1 of the Law on the Prevention of Money Laundering money and combating the financing of terrorism.

What is Radule Steviq, the responsible person of "RAD DOO" accused of?

The last provision of the indictment charges the owner of the legal entity "RAD DOO", Radule Steviq, that knowing that the wealth of the defendant Milan Radoicic originates from criminal activity, the same through businesses registered in his name and their economic activity, has cooperated and helped the defendant Milan Radoicic, to convert his property, in order to hide or disguise the source of the property.

Therefore, for these actions, Steviq is being charged with the criminal offense of "Money Laundering" sanctioned by Article 302 of the Criminal Code in relation to Article 56, Paragraph 1, Subparagraph 1.6 in relation to Subparagraph 1.1 of the Law on the Prevention of Money Laundering and Combating Financing of terrorism.

How do witnesses describe the critical day?

In the indictment of 158 pages, it is said that the witnesses (police officials) who were on duty on the critical day, had heard two explosions and then the shots had started coming from Manastir in their direction. At that moment, they saw Sergeant Bunjaku lying down after being wounded and the police officers had started to respond to the shooting.

Bunjak was driven away from there in a car, which was shot several times by the attackers.

A citizen of North Macedonia, who was at the "Rajska Banja" hotel that day with his wife, minor son and his wife's sister and her husband, said that around 03:30 in the morning they heard shots and explosions.

After waking up, he said that they had heard the first noises of uniformed people with weapons there. He said that they were not allowed to leave the hotel. According to him, when the shooting started, the hotel was full of people.

On the other hand, Rade Nedelkovic - a worker at that hotel, had said that four armed men had gone there that day, three of whom were carrying an injured person. And then the father of one of those people called him to ask about him, his last name was Slivić.

E Veljo Iliq stated that his son, Vladan Iliq, called him on September 24, asking him to pick him up at the hotel. Later, he contacted him again by phone and told him that he had gone to Serbia through the mountain, about 4 and a half hours on foot.

The witness had said that he knew that his son is part of the "Civil Defense", where he was paid somewhere around 400 euros.

On the other hand, witness A2 stated that near the border with Kosovo, in Rogozna that day, he had seen many vehicles without license plates, and some with BG license plates. He had seen 15 gunmen who had arrived from Banjska, who had taken part in the terrorist attack.

The attackers, according to him, came from Manastir and were met by two cars. He said that 25 or more uniformed persons have moved from Kosovo to Serbia.

Witness A2 said that the group had been operating since a year before the attack and that the attackers work in the Serbian Army. He declared that he heard that Radoicic fled to Russia.

Witness F1 said that Radoicic organized and armed these people, who had been practicing in Serbia for a long time, and paid most of them from 2 euros per month. He said that "they went with the idea of ​​liberating the northern part from Kosovo".

The fugitives, F1 said they are in Serbia and have contact with Radoicic. Regarding the latter, he said that he has the money from crime, smuggling, tenders and financing from Aleksandar Vucic.

What was the version of the three accused who are in custody?

The defendant, Vladimir Toliq, has defended himself in silence at the Prosecutor's Office. However, the presence of nitrites and nitrates from gunshot residue was observed in his jacket, which, according to the PSRK, shows that he participated in the attack.

Meanwhile, Blagoje Spasojevic said that "he thought that there would be a peaceful protest". But, according to him, he was forced to obey the orders of Momçillo Vuçkovic.

He said that he was standing behind the Monastery and never fired a gun. The Kosovo Police arrested him there.

The day after, he defended himself in silence. However, the Prosecutor's Office says that contact with gunpowder and gunpowder particles has been proven, so it was established that there was contact with the weapon - precisely that it participated in the terrorist attack.

Dushan Maksimović (employee of the Rajska Banja hotel) said that eight friends had gathered that day in a weekend house to have a barbecue.

On the phone, he had videos of the attack on the Police and of the Police monitoring, for the latter he said that he "does not remember".

The prosecution says that the communications on the phone directly incriminate him in criminal offenses, as were the messages of the critical day: "Write here
to organize", "God forbid, there will be a big escalation, women and children must leave".

When is it claimed that they were the beginnings of organizing the attack?

According to the Prosecutor's Office, the beginnings of the organization - the preparations for the attack started from the meeting held in Raska, Serbia on October 13, 2021, where support was requested for the purpose of committing serious criminal offenses.

Serbian President Aleksandar Vucic, Milan Radoicic and Vladimir Radivojevic with the nickname "Mami" took part there, as well as high state structures. In the meeting, it was requested to arm themselves and start armed resistance against the institutions in the four municipalities in the north of Kosovo.

"You have heard what these brave men say, I will tell you only one thing on behalf of everyone, that next time we will defend ourselves to the end, to the death", said Radoicic in that meeting.

The attacks on the KFOR Police in 2022 and 2023 were also said to have been organized by Radoicic. The latter, with the heavily armed group, were photographed in North Mitrovica on December 10, 2022.

Examinations of electronic equipment showed where the terrorist group stayed and where it carried out exercises. Also, these devices showed the execution of the attack plan, from the placement of trucks as barricades, the transport of the attackers, their stay at the hostel, the moment of the attack on the police, and others.

Who and how financed Radoicic?

Regarding the financing of Radoicic, the Prosecutor's Office emphasizes that during the investigation it was proven that his empowerment was done in different ways with the direct support of Serbia, first through tenders and then with political support.

"Subsequently, Serbia has provided all the necessary military infrastructure for the training of the participants, the provision of military and logistical equipment, all of which are necessary to carry out the terrorist attack on September 24, 2023 in Banjska, Zveçan, Republic of Kosovo", it says in the indictment.

The collection of funds, it is said, was done by opening legal businesses, with the aim of hiding the origin or disguising the origin of the money.

"Every institutional support offered by the budget of Kosovo to the citizens of the northern part ended up in the hands of the defendant Milan Radoićić, where he managed to create businesses that were seen as legal and won public contracts", says the indictment.

The actual owner of the businesses opened in the name of Radule Steviq is said to be Radoicic himself. So, the two sources of his funding are said to be misusing tenders in Kosovo and funding from Serbia.

According to the PSRK, the tenders won in Kosovo were at lower values, so it received contracts that were procedurally legal, but after receiving the tender, the project was not implemented at all.

Whereas the second or most important form was through funding from Serbia, where this form operated in the name of the so-called "Office for Kosovo and Metohija". Contracts were won in the name of registered businesses owned by Steviq.

"During the analysis and comparison of each of these contracts, this prosecutor has come to the conclusion that "DOORAD 028 Zveçan" registered in the parallel system in Serbia, has benefited from 192 contracts (both groups of contracts) for the time period 2020 to 31.07.2024 .67.5, where the total of these contracts reaches the value of about 7,939,807,482.60 million euros or in Serbian dinars XNUMX", the indictment states.

Also, contracts were given in the name of financing various projects, such as for seedlings, equipment for livestock and agriculture, construction of houses, and others.

"From this scheme, it can be seen that the defendant Milan Radoicic, through the defendant Radule Steviq, was financed in various ways, taking advantage of the money in the name of supporting Serbian citizens from Serbia, from tenders financed by Kosovo for the creation of better conditions for citizens Serbian, and then all this economic power was used by the defendant Milan Radoicic against the citizens of the northern part of Kosovo, deciding on every issue, forcing them to smuggle goods, block roads, rebel, erect barricades, and in return, basic needs or survival were financed", the indictment states.

The prosecution emphasizes that most of these companies were established before the attack in Banjska. Their profits from donations have fallen into the hands of Radoicic, Stevic, other members of the terrorist group and their families.

Regarding the tenders won in Kosovo, it is said that it can be seen that the company does not have the capacity, manpower or machinery to realize the projects won by contract.

According to the Prosecutor's Office, it has been proven and proven that the defendant Milan Radoicic with full awareness, through criminal activity, has created revenues worth millions and these revenues through businesses registered in the name of the other defendant Radule Stevič (RAD 028 Zveçan, RAD DOO, RADULE STEVIC BI) has disguised the origin or origin of the money and converted the same through Steviq's businesses from financial means to movable and immovable assets.

The guards of Radoicic's villa in Ujmani, initially with his instructions, had said that the owner is Bojan Jaksic, and then they accepted that it is Radoicic. They said that they get their salary at the "Grey" restaurant. Meanwhile, the witnesses who were engaged during the construction of the villa, had testified about the construction material they had sent, who was responsible for the construction of the villa, some mentioned Radoicic and other details.

Radoicic's ex-partner, Ema Rexhepovic-Radoicic, has said that the rent of 800 euros for the apartment where she lives is paid by Radoicic, with whom she rarely communicates. He said that he is a good father, but not a good husband.

Regarding the villa in Ujmani, she said that she does not know how much Radoicic has invested. The office at the "Grey" restaurant, Ema said that it is in the name of her mother, since she had not been able to go and sign the contract.

Until now, they are in custody for the Banjska case Vladimir Tolic, Blagoje Spasojevic and Dushan Maksimovic.

In Bajsnka of Zveçan, in the early hours of September 24, 2023, Sergeant Afrim Bunjaku was killed and two others were wounded. Then, three attackers were killed, while the others left after sheltering for several hours in the Bajnska Monastery. Milan Radoicic had taken responsibility for the terrorist attack. /Oath of Justice/