The extradition of two suspects from Kosovo to Macedonia has come to a halt due to legal entanglements between Kosovo and Macedonian authorities.
Alil Demiri and Afrim Ismailovic were charged in Macedonia with the murder of five people near Smiljkovci, a village in the Skopje area, in April 2012. The two were arrested in early March in Kosovo. Macedonian authorities sent an extradition request to Pristina authorities but have not received a reply.
Kosovo Justice Minister Hajredin Kuci said that the judiciary is dealing with two defendants, but their twin citizenship might spare them extradition.
"Kosovo does not extradite its own citizens. The two persons in question are Kosovo citizens [in addition to having Macedonian citizenship]," Kuci told SETimes.
The two suspects also face a trial in Pristina for illegal weapon possession at the time of their arrest.
The Pristina court will decide on Demiri and Ismailovic's extradition, though there is no deadline for the ruling.
Skopje legal authorities see no reason for a prolonged extradition decision. Demiri and Ismailovic were arrested in Kosovo under an international warrant issued by Macedonian authorities.
"Demiri and Ismailovic are wanted in Macedonia for serious criminal charges. This approach from the Kosovo authorities bears the mark of ethnicity, instead of a fight against crime and for justice," Vladimir Pivovarov, professor at Skopje's FON University, told SETimes.
"Murders committed in Macedonia are heavier in weight [than the charges in Kosovo] and the suspects can help the investigation to uncover others involved in the murders near Smiljkovci."
Ismet Salihu, an international criminal law professor at Pristina University, said that based on the domestic laws, Kosovo does have to extradite the two because of their Kosovo citizenship. However, he said, there could be an exception if there is a mutual agreement between the two countries that envisage such a situation.
"In such cases, even a Kosovo citizen could be extradited according to an international agreement that overrides a domestic law," Salihu told SETimes.
Salihu said there is an agreement between Kosovo and Macedonia on extradition, which means that turning the suspects over might happen, but it depends on the justice ministry's assessment.
"Normally, they consider political, national and security interests," Salihu said.
Kosovo and Macedonia signed an extradition agreement that has been smooth so far. A few days after the arrest, Kosovo authorities extradited Shukri Aliu, who was suspected of mentoring those involved in the Smiljkovci murders, to Macedonia.
Alil Demiri and Afrim Ismailovic were charged in Macedonia with the murder of five people near Smiljkovci, a village in the Skopje area, in April 2012. The two were arrested in early March in Kosovo. Macedonian authorities sent an extradition request to Pristina authorities but have not received a reply.
Kosovo Justice Minister Hajredin Kuci said that the judiciary is dealing with two defendants, but their twin citizenship might spare them extradition.
"Kosovo does not extradite its own citizens. The two persons in question are Kosovo citizens [in addition to having Macedonian citizenship]," Kuci told SETimes.
The two suspects also face a trial in Pristina for illegal weapon possession at the time of their arrest.
The Pristina court will decide on Demiri and Ismailovic's extradition, though there is no deadline for the ruling.
Skopje legal authorities see no reason for a prolonged extradition decision. Demiri and Ismailovic were arrested in Kosovo under an international warrant issued by Macedonian authorities.
"Demiri and Ismailovic are wanted in Macedonia for serious criminal charges. This approach from the Kosovo authorities bears the mark of ethnicity, instead of a fight against crime and for justice," Vladimir Pivovarov, professor at Skopje's FON University, told SETimes.
"Murders committed in Macedonia are heavier in weight [than the charges in Kosovo] and the suspects can help the investigation to uncover others involved in the murders near Smiljkovci."
Ismet Salihu, an international criminal law professor at Pristina University, said that based on the domestic laws, Kosovo does have to extradite the two because of their Kosovo citizenship. However, he said, there could be an exception if there is a mutual agreement between the two countries that envisage such a situation.
"In such cases, even a Kosovo citizen could be extradited according to an international agreement that overrides a domestic law," Salihu told SETimes.
Salihu said there is an agreement between Kosovo and Macedonia on extradition, which means that turning the suspects over might happen, but it depends on the justice ministry's assessment.
"Normally, they consider political, national and security interests," Salihu said.
Kosovo and Macedonia signed an extradition agreement that has been smooth so far. A few days after the arrest, Kosovo authorities extradited Shukri Aliu, who was suspected of mentoring those involved in the Smiljkovci murders, to Macedonia.
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Should there be dual citizenship for non Macedonians from neighbouring countries?
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