27 June 2014

Today, the Court of Appeals rejected the appeal of U.R. against detention on remand imposed by the pre-trial judge on 21 June 2014.
U.R. was initially arrested on 5 February 2014 and subsequently detained.
The Court of Appeals on 19 June 2014 terminated detention on remand, because it was found that his initial arrest and detention did not comply with Article 75(2) of the Kosovo Constitution. The Court of Appeals in the same decision also specifically discussed the fact that in May 2014 the Kosovo Assembly was dissolved, and U.R.'s mandate of a deputy ended, and he therefore no longer benefits from restrictions pursuant to Article 75(2) of Kosovo Constitution.
The Court of Appeals however emphasized that this subsequent fact does not rectify the omissions in procedure that led to the initial imposition and extension of detention on remand. On the other hand the Court of Appeals noted that the special prosecutor was not prevented to seek his re-arrest in a new proceeding.
The special prosecutor did so and re-arrested the defendant immediately after his release on 20 June 2014. The pre-trial judge ordered detention on remand against U.R. for a period of one month in accordance with Articles 187 and 189 CPC.
The Court of Appeals found that the conditions for the defendant's detention on remand, given the new situation, are now fulfilled and has rejected the appeal of the defence as unfounded.