The verdict announced on December 26, 2024, by the Special Department of the Basic Court in Prishtina/Priština against Čedomir Aksić, who was sentenced to fifteen (15) years in prison for war crimes against Albanian civilians in the Municipality of Shtime/Štimlje, marks an important event in the judicial system of Kosovo. This verdict was issued in the absence of the accused, creating a new legal precedent for trials held in absentia.
The Humanitarian Law Center Kosovo (HLCK) has previously expressed concerns regarding trials in absentia, emphasizing that this process could negatively impact justice standards and transparency in judicial procedures. HLCK advocates for Kosovo and Serbia to engage in a legal cooperation agreement as part of the dialogue process. This agreement would enable both states to collaborate and ensure that those who have committed war crimes are brought to justice and serve sentences for their actions. HLCK highlights that such cooperation is essential to guarantee fair and equal processes for the accused, as well as to ensure justice for the victims of war, making sure that war crimes are addressed in accordance with international human rights standards.
In addition to the procedural challenges related to the absence of the accused, a key issue that arises is the respect for the principle of "equality of arms" and "effective defense" in criminal proceedings, meaning that all parties in a trial must have the opportunity to present their evidence and arguments equally. In this case, considering the lack of cooperation between Kosovo and Serbia regarding the information of the accused about the initiation of the procedure, this process may raise questions about transparency and ensuring adequate defense for the accused.
Another important element is that in this trial, only the witnesses proposed by the prosecution were heard, which could affect the balance of the judicial process. The accused was represented by an ex-officio lawyer to ensure his legal representation in the criminal procedure, but the appointed lawyer did not propose the hearing of any witnesses or the presentation of any material evidence in defense of the accused.
Furthermore, the Criminal Procedure Code of the Republic of Kosovo provides for the possibility of retrial in the event of the arrest of the accused or convicted person in absentia, ensuring an opportunity to protect the defendant's rights and guarantee a fair trial. If this process is conducted according to the established standards, it is possible that the case could present challenges and concerns for an international court, such as the European Court of Human Rights, which may provide a response regarding the legitimacy of these in absentia proceedings, considering the difficult context of international cooperation and legal protection.
