18.11.2001

On the events happened in the area of the village Ljuboten, Skopje, in the period August 10, 11, 12 and the 14, 2001

On August 10,2001 the Public Prosecution Office of the Republic of Macedonia has been informed by the Principal Public Prosecutor Office Skopje, in written, that there has been a report submitted by the internal affairs organ saying that that same day, at the locality called Ljubotenski bashila, at around 8.00 Hours, at the forest road between the villages of Ljubanci and Ljuboten, one Macedonian Army vehicle ran on two land mines, placed by the Albanian terrorists and in this explosion 8 soldiers were killed and another 8 were saverely injured. After the explosion, the Albanian terrorists opened fire against the Macedonian Army soldiers from an infantry weapon. The Macedonian Army responded to the fire. During the following days, August 11 and 12, 2001, Albanian terrorist groups located in the village of Ljuboten have again attacked the positions of the security forces stationed in that region.

Because of the frequency of the armed attacks of the terrorists located in the village of Ljuboten, directed towards the security forces of the Republic of Macedonia, and in order to prevent the terrorist activities in the broader area, the Macedonian security forces indertook activities to brake down the terrorist groups in the village od Ljuboten and some of the members of the so called NLA were killed during this activities.

The Operational Center on Duty within the Ministry of the Interior has informed the Deputy Public Prosecutor and the Magistrate judge on duty, about the events whish took place on August 10, 11 and 12, 2001, in order they examine the site, and in accordance to Article 230 of the Criminal Procedure Law in order to confirm, clarigy and directly notice important facts with regard to the evans, but having in mind that the terrain in the subject region was not safe, they were not in any possible position to execute their duties on the site.

The Ministry of the Interior, in accordance to their legal authorizations prescript in Article 142 paragraph 1 and article 147 paragraph 1 of the Criminal Procedure Law, and on the basis the Ministry had reasonable doubts that a criminal offence, to be prosecuted ex officio, was committed, undertook the necessary measures to reveal the perpetrators of the terrorist attacks so that they can not hide of escape, and in order to secure the traces of the criminal offence and all the subjects that may be used as evidences before the court.

73 persons from the village of Ljuboten were a arrested by the Ministry of the Interior. In accordance to Article 143 paragraph 2, the paraffin glove was taken from all of them, and after the presence of the powder particulars was determined among 27 suspects, criminal criminal charged were brought against those suspects, and submitted to the Principal Public Prosecution Office - Skopje on the grounds that there are reasonable doubts that the suspects have committed the criminal offence Terrorism of Article 313 of the Criminal Code and the criminal offence Punishing the act of preparation of the criminal offence of terrorism of Article 326 in connection to Article 313 of the Criminal Code. On August 14, 2001, upon the criminal charges submitted against Bajrami Nevaip, Ramadani Ismail, Bajrami Vebi, Ramadani Bekir, Ramadani Osman, Ameti Amet, Kaili Atula, Ametovski Adem, Ahmetovski Hamdi, Memedi Farush, Murtezani Murtezan, Zendelovski Sulejman, Zendeli Bejtulam Alievski Ljatif, Ali Isni, Zendeli Suat, Murtezani Burhan, all of them from the village of Ljuboten, the Principal Public Prosecution Office - Skopje addressed to the Magistrate Judge with the Principal Court Skopje and filed a request for initiation of an investigation proposing the security measure - confinement, in accordance to article 150 and 151 in connection to Article 184 parargraph 1 pint 1,2 and 3 of the Criminal Procedure Law and against the under-aged Zendeli Rametula, filed a request for initation of a preparatory procedure proposing a confienement and proposal for joining the procedures on the bases of the Articles 455 paragraph 1 in connection to Article 442 paragraph 2 of the Criminal Procedure Law.

The Magistrate Judge of the Principal Court Skopje II Skopje passed a decision to conduct an investigation since there were reasonable doubts that a criminal offence terrorism of Article 313 of the Criminal Code has been committed, and at the same time have accepted the proposal of the Prosecutor and have determined the confinement against all of the accused.

The juvenile judge of the mentioned Court passed a decision to initiate a preparatory procedure against the underage Zendeli Rametula, for the same legal qualification and the confinement was determined for him also.

On August 14,2001 at 12,55 Hours, the Ministry of the Interior informed that there are 5 dead bodies in the village of Ljuboten. The Ministry immediately informed an expert team, composed of the magistrate judge of the Principal Court Skopje II Skopje, Principal Public prosecutor and ehperts from the Ministry of Interior, to examine the site in accordance to Article 230 of the Criminal Procedure Law. Beside the continuous monitoring activities of the security situation on the village of Ljuboten, by the Ministry of the Interior, the ehpert team did not succeed to examine the site. There were constant shootings and movements of uniformed armed terrorist groups, so the experts team did not ever reashed the site nor have carry out their legal authorizations out of security reasons.

That same day in the afternoon when the deputy Public prosecutor and the magistrate judge together with the experts of the Ministry of the Interior tried to enter the village of Ljuboten again on order to examine the site where 5 people, terrorists, members of the so called NLA were killed. But, they have been informed by the Ministry of the Interior that the bodies were already buried at the local village graveyard, by the local villagers, and in presence of armed Albanian terrorists.

Since the bodies were already buried and there was no autopsy done over them, in accordance to article 244 paragraphs 1 and 2 of the Criminal Procedure Law, the Public Prosecutor on the bases of Article 148 paragraph 1 of the quoted Law, submitted a Proposal to the competent magistrate judge for certain investigative measures to be taken, for an exhumation, examination and an autopsy of the bodies in order to confirm the identity of the 5 buried bodies, the reasons of the death, time of the death and the circumstances in whish the death appeared. It was proposed that this procedure is carried out by the Forensic and Crimnalistic Institute within the Faculty of Medicine in Skopje.

It is of an outmost importance to point out that the locals of the village of Ljuboten never asked to meet the Public Prosecutor of the Republic of Macedonia nor have they submit any written report of information on the events happened on the indicated date, in the sense of Article 144 paragraph 2 of the Criminal procedure law whish would provide us using the institute of the reashing voice.

PUBLIC PROSECUTOR OF THE REPUBLIC OF MACEDONIA
Stavre Dzikov