UNMIK/PR/649
PRESS RELEASE-21 SEPT. 2001

Detention Review Commission Supports Detention of Bus Bombing Suspects

The Detention Review Commission established by UNMIK regulation to review extra-judicial detention by executive order has decided that the detention by executive order of three suspects in the Nis bus bombing is justified. The panel also extended the period of pre-trial custody of the suspects for another three months.

Three judges-from the U.S., U.K. and Germany-were appointed in accordance with UNMIK regulation 2001/18. They traveled to Pristina and convened on Thursday, 20 September.

Following the review of available information, the panel determined that "the detention of suspects Cele Gashi, Avdi Behluli and Jusuf Veliu based on executive orders is justified. The Detention Review Commission is satisfied that there are reasonable grounds to suspect that each of the detained persons has committed a criminal act … and that circumstances exist which suggest the strong possibility of flight…"

To arrive at this conclusion, the Detention Review Commission considered the following matters:

·Articles 5 and 6 of the European Convention on Human Rights
·The rights of the accused.
·All records, files, documents and evidence provided.
·The nature and extent of the allegations including the facts and circumstances alleged in the underlying criminal matter.
·The UNMIK regulations promulgating this proceeding and the unique situation created by it.
·The duration of the detention of the accused thus far.
·The argument of all counsel, including both private defense counsel and special counsel and in particular, arguments pertaining to the reception of evidence in camera.
·The specific safeguards as set out in UNMIK regulation 2000/18.
·The Commission has also carefully weighed the relative value that should be accorded to information provided by anonymous sources.

As stated in UNMIK regulation 2001/18, "On the establishment of a Detention Review Commission for Extra-Judicial Detentions Based on Executive Orders (25 August 2001), the decision of the Commission shall be treated as a decision by the Supreme Court, to order detention according to Article 197(2) of the applicable Law on Criminal Procedure. 
The decision of the Commission cannot be appealed.