Statement on the First-instance Judgement in the Labljane Case

On February 28, 2025, the War Crimes Department of the Higher Court in Belgrade delivered a judgement finding Tefik Mustafa guilty of the criminal offense of organizing and inciting to commit genocide and war crimes. He was sentenced to one year in prison.

In delivering the judgement, the presiding judge, Snežana Nikolić-Garotić, stated that the court had determined that Tefik Mustafa, as a member of the Kosovo Liberation Army (KLA), during the international armed conflict between the armed forces of the Federal Republic of Yugoslavia (FRY) and the NATO military alliance, and at the same time the non-international armed conflict between the armed forces of the FRY and the organized armed formation the KLA, was part of a group organized to commit war crimes against Serbian civilians in the villages of Labljane, Slivovo, and the surrounding areas. On June 19, 1999, the group set up a checkpoint near the village of Labljane. There armed with automatic wheapons, they where forcibly stopping the Serbian civilians leaving their homes, taking them out of their vehicles, and frightening them by shooting. On that day, they stopped a truck with civilians Goran Marinković, Živojin Pavić, and Predrag Miljković. Miljković and Pavić were last seen at that checkpoint. Goran Marinković was taken to the Kačikol camp for a prisoner exchange, but was never seen again.

The Humanitarian Law Center (HLC) believes that this trial was conducted on the basis of an inadequate and insufficiently supported indictment and that the trial itself did not contribute to establishing the facts about what happened or to achieving justice for the victims.

In this case against Tefik Mustafa, the War Crimes Prosecutor’s Office (WCPO) has for the first time raised charges for the criminal offense of organizing and inciting to commit genocide and war crimes. This criminal offense relates to being a part of a group organized “to commit the criminal offense of war crimes against the civilian population.” The indictment states that Mustafa, as a member of the KLA, “became a member of the group organized to commit a criminal offense.” However, the prosecution did not provide evidence that such a group existed or was formed based on an agreement to commit criminal acts, nor did it prove that the defendant Mustafa was aware of this agreement and joined the group with that knowledge, which are all necessary elements to prove the criminal offense with which he was charged.

In making its decision, the court has, without adequate evidence, accepted the allegation from the indictment that this specific KLA group was organized to commit criminal acts. It has concluded that the presence of a dozen KLA members at one location, and their behaviour alone, proved the existence of the group. However, the court did not examine whether this specific group was formed with the purpose of committing criminal acts, but rather, simply accepted that their behaviour described in the indictment was a sufficient proof of this claim. In order to prove the criminal offense charged against the defendant, it was necessary to first establish that the organized group actually existed and was formed specifically for the purpose of committing criminal acts. The court, however, did not request evidence for any of these elements and accepted the allegations in the indictment without verification.

When delivering the judgment, the court did not provide an explanation to the public regarding why it entirely dismissed the accused’s defence or the reasons it deemed the witnesses credible.

The trial in this case proceeded quickly, in just two court days. However, this is not an indicator of efficient work of the judicial institutions, but rather a consequence of the insufficiently supported indictment raised by the WCPO on the one hand, and its uncritical acceptance by the court, on the other. The trial did not contribute to shedding light on the circumstances of the disappearance of Goran Marinković, Živojin Pavić, and Predrag Miljković, nor to achieving justice. Instead, it only further eroded the victims’ trust in the institutions.

The WCPO’s inadequate handling of this case is further demonstrated by the fact it had requested the minimal prison sentence of just one year, which, in the context of prosecuting war crimes, is both unacceptable and deeply disrespectful to the victims.

Tefik Mustafa was arrested on June 1, 2024 at the Merdare border crossing and has been in custody since then. Of the seven indictments raised by the WCPO in 2024, six were against individuals arrested at border crossings, accused of crimes against Serbs in Kosovo. Given the challenges faced by the WCPO due to the lack of cooperation with Kosovo’s institutions, the HLC emphasizes that it is essential to establish efficient cooperation mechanisms with the judicial authorities of Kosovo in order to ensure the prosecution of all war crimes, regardless of the nationality of the victims or perpetrators.