UNMIK/PR/394

PRESS RELEASE - 18 October 2000

Background Note on  Zeqiri Detention

Afrim Zeqiri is currently under detention in Gnjilane under a decision by an international judge serving on the Gnjilane District Court, while the investigation continues into a possible indictment on charges of murder, attempted murder, endangering public security and causing damage by fire.

Mr. Zeqiri has appealed the 14 September decision by the Kosovo judiciary to extend his detention.  A three-judge panel of the Gnjilane District Court has not ordered his release, but is still  reviewing the appeal.

Zeqiri, a Kosovo Albanian, was arrested on 29 May by KFOR troops on suspicion of involvement in the murder of three Serbs, including a four-year-old child, in the village of Cernica the previous evening.

Following Zeqiri's arrest, the case was taken up by Gnjiilane prosecutor Sabit Maliqi. The case then went to the investigating judge, one of the first international judges on the Kosovo judiciary, who had recently arrived in Kosovo. After interviewing 14 witnesses, Judge Ante Ruotsalainen returned the case to Maliqi, who decided to drop the pending indictment for lack of evidence.

According to the applicable law of Kosovo, the investigating judge had no further right to disagree with the prosecutor, and Zeqiri was ordered to be released.

As the release was imminent, representatives of KFOR presented SRSG Bernard Kouchner with a long list of previous arrests of Zeqiri: he had been detained and released six times  since September 1999, as a suspect in attacks and threats on Kosovo Serbs and KFOR troops,  arson and robberies. KFOR requested the SRSG to extend Zeqiri's detention on the grounds of security, as, they argued, he posed a serious threat to the area.

On 26 July, Dr. Kouchner signed an executive order, extending Zeqiri's detention for a further 30 days. Dr. Kouchner invoked his mandate under Security Council Resolution 1244 as the person ultimately responsible for providing a safe and secure environment and maintaining the public safety and order in Kosovo.

Dr. Kouchner assigned an international prosecutor to the case. The prosecutor, David Hartmann, faced with new evidence regarding the Cernica murder and previous cases in which Zeqiri was  a suspect, asked for more time to prepare an indictment.

Kouchner then signed a second order on 28 August, prolonging Zeqiri's detention further. Following the submission  of new evidence by Hartmann, Judge Ruotsalainen interviewed more witnesses. On 14 September, he ordered Zeqiri detained for an additional 30 days, in order to consider the new evidence in the case and that of his previous arrests. Two local judges and international Judge Patrice de Charette are reviewing his appeal.