By: Ž. N. (Nova24TV.si)
“If all this is true, it is high time that we all realise in what form of state and legal system we live, that is, that drug cartels and other segments of illegitimate ad hoc structures have taken a substantial part of authority, not only judicial but also legislative”, commented former judge Zvjezdan Radonjić on the statute of limitations of the Balkan Warrior case, the new judicial disgrace.
The Balkan Warrior case, where the defendants were accused of drug trafficking, is out of date. The only defendant who has pleaded not guilty and has been serving a prison sentence is reportedly expected to file an action for damages against the state.
The prosecution accused the defendants in the Balkan Warrior case, “that in various roles they organised a criminal organisation in Slovenia, Italy, Serbia and Montenegro that, at least in 2008 and 2009, kept and sold cocaine in the territory of Italy, and even before that they organised several transportation of cocaine from South America, especially Uruguay, to Europe”.
Those involved in the Balkan Warrior case were deprived of their freedom in 2010. At the expense of the exclusion of evidence, most of the accused were found not guilty in 2012, but the higher court then annulled the mentioned room after the prosecutor’s appeal. The next trial resulted in a conviction, after which the High Court reduced most of their prison terms.
In November 2021, the Supreme Court overturned the conviction, as the latter was based on evidence that, in their opinion, the police obtained illegally. Judging by the decision of the Supreme Court, the case should end within two years. Although, according to the court’s decision, a change in the legislation was introduced, which extended the limitation period to a period of five years, the latter had no impact on the aforementioned case.
Expected to file a claim for damages against the state
Džemajlija Mandjuka is the only one of the 12 defendants who has maintained his innocence in the case. At the second, repeated trial, he was sentenced to prison, which he served for three years. He was acquitted after the trial in April, and in mid-January of this year, according to Večer, he received a decision on the statute of limitations. According to the media, it is expected that Mandjuka will file a compensation claim against the state due to the prison sentence he has served.
Mere cosmetic changes in the judiciary do not achieve much
For a comment regarding the statute of limitations in the Balkan Warrior case, we decided to ask former judge Zvjezdan Radonjić, who said that the statute of limitations of the aforementioned case “cannot be described as a further disgrace to the Slovenian judiciary and proof that mere cosmetic changes in the judiciary do not bring much”.
This time, in his words, the legislator is also involved in the disgrace, “who set an extremely short deadline for completing cases after annulment at the third stage, which he soon increased to a reasonable level, but left a bitter aftertaste, whether the legal amendment was intended precisely to ensure, that the Balkan warriors will not answer. If all of this is true, it is high time that we all realise together what kind of state and legal system we live in, that the drug cartels and other segments of illegitimate ad hoc structures have taken over an essential part of the power, not only judicial but also legislative,” concluded Radonjić.
Will the trial of the Kavaška clan also be without an epilogue?
With the Balkan Warrior case expiring, many people wonder where a similar scenario will take place. Let’s not forget that, for example, there is currently a trial against the Slovenian cell of the Kavaški clan, which is otherwise famous for its brutality. According to the police and the specialised state prosecutor’s office, the latter had been operating since 2018. It had strong connections in Italy, Spain, Serbia, Germany, Austria, the Netherlands, and Croatia. In May 2022, the police, in cooperation with security authorities from abroad, managed to cut through the highly sophisticated tentacles of the Kavaški clan.
After several house searches in Maribor, Ljubljana, Kranj and Koper, more than 60 suspects were detained for smuggling 790 kilograms of cocaine, 2249 kilograms of cannabis, 96 kilograms of hashish, 10 kilograms of heroin and 30 litters of amphetamine base, and the prosecution filed charges against 24 suspects. As we reported, two people have agreed to participate as witnesses in further proceedings against this group, thereby securing a lesser sentence. One of the witnesses said that they were also ordered to kill if necessary.
In the aforementioned case, it was established that an employee at the prosecutor’s office informed some members of the criminal group about the planned investigations. Important members of the criminal group, namely Luka Arapovič and Blaž Kadivec, thus escaped police arrest. The latter was later arrested in Catalonia and handed over to Slovenia, but interestingly, they almost forgot to interrogate the fugitive. Many people were upset last August when the news broke that the court had released some of the defendants in the Kavaški clan case after paying a low bail (5,000 euros).