here - Humanitarian Law Center/Fond za humanitarno pravo

elieving that Maloku had a handgun, fired three shots at him from his service pistol. Maloku
died instantly as a result of a wound sustained to the head.
Although Lukić was a member of the MUP at the time, that fact was omitted from the indictment.
In the Course of proceedings, the accused admitted to having committed the crime as charged.
On 25 June 1999, the District Court in Prokuplje 88 delivered its judgment 89 finding Lukić guilty
and imposed on him a suspended sentence of two years in prison with three years’ probation.
On 23 March 2000, the VSS reversed the first-instance judgment and returned the case for retrial.
The judgment was reversed on grounds of substantial violations of the CPC provisions – the
disposition of the judgment was not understandable and contradictory in itself as to the reasons
behind the judgment delivered, and the decisive facts were not supported by sufficiently clear
reasoning. The decision reversing the judgment states that given the circumstances of the case,
the court should have not imposed a suspended sentence, because there were no legal grounds for
such a decision.
The District Prosecutor’s Office in Prokuplje amended the indictment on 10 August 2000, by
describing in greater detail the conduct of the late Hamdija Maloku during the event in question.
According to the amended indictement, the accused asked to see the victim’s identity documents,
and when Maloku took his ID and medical insurance card out of a pocket and moved towards the
accused in order to hand him the documents, the accused unholstered his gun and shot him.
Other parts of the indictment remained unchanged.
Following the retrial at the District Court in Prokuplje, on 7 July 2001, Miloš Lukić was found
guilty and sentenced to 18 months in prison.
On 2 April 2002, the VSS set aside this judgment because of the court’s failure to state its
reasoning concerning the decisive facts and for the vagueness of the disposition 90 .
At a hearing held on 17 September 2012, the court heard witness-victims Agim and Ejup Maloku
(Hamdija’s sons) and witnesses Ibhadete Mehanja and Halim Cikaj.
Agim Maloku said that he and his family had moved to Priština/Prishtine before the onset of the
conflict in Kosovo and stayed there until 4 May 1999, when they left for Macedonia. On15 June
1999, while still in Macedonia, he learned from his brother that their father had been killed by a
88 Trial chamber members: judge Branislav Niketić (presiding), judge Aleksandar Stojanović, lay judge Marko
Koprivica, lay judge Dragomir Nikolić and lay judge Jovan Severović.
89 The judgment issued by the District Court in Prokuplje K No 58/99 is available on the HLC website at: www.hlcrdc.org.
90 The HLC has no information on the course of this trial between 2002 and 2012.
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