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On 21 November 2005, Nebojsa Pavkovic was provisionally released, pursuant to a decision rendered on 18 November 2005 by Trial Chamber III, subject to certain specific terms and conditions. The decision had been stayed allowing the Prosecution 24 hours to appeal, which it did not.
On 2 October 2003, Pavkovic was indicted, alongside Vladimir Lazarevic, Vlastimir Djordevic and Sreten Lukic by the ICTY for persecutions, murder, deportation and forcible transfer against Kosovo Albanians as part of a widespread and systematic campaign of brutality and violence that resulted in the forced deportation of approximately 800,000 Kosovo Albanian civilians.
According to the indictment, forces of the FRY and Serbia, acting at the direction, with the encouragement, or with the support of Pavkovic and others "murdered hundreds of Kosovo Albanian civilians. These killings occurred in a widespread or systematic manner throughout the province of Kosovo and resulted in the deaths of numerous men, women, and children."
The indictment also alleges the following:
Throughout Kosovo, forces of the FRY and Serbia engaged in a deliberate and widespread or systematic campaign of destruction of property owned by Kosovo Albanian civilians. This was accomplished by the widespread shelling of towns and villages; the burning and destruction of property, including homes, farms, businesses,
cultural monuments and religious sites; and the destruction of personal property. As a result of these orchestrated actions, villages, towns, and entire regions were made uninhabitable for Kosovo Albanians.
In addition to the deliberate destruction of property owned by Kosovo Albanian civilians, forces of the FRY and Serbia committed widespread or systematic acts of brutality and violence against Kosovo Albanian civilians in order to perpetuate the climate of fear, create chaos and a pervading fear for life. Forces of the FRY and Serbia went from village to village and, in the
towns and cities, from area to area, threatening and expelling the Kosovo Albanian population. Kosovo Albanians were frequently intimidated, assaulted or killed in public view to enforce the departure of their families and neighbours. Many Kosovo Albanians who were not directly forcibly expelled from their communities fled as a result of the climate of terror created by the widespread
or systematic beatings, harassment, sexual assaults, unlawful arrests, killings, shelling and looting carried out across the province. Forces of the FRY and Serbia persistently subjected Kosovo Albanians to insults, racial slurs, degrading acts and other forms of physical and psychological mistreatment based on their racial, religious, and political identification. All sectors of
Kosovo Albanian society were displaced, including women, children, the elderly and the infirm.
After being at large for more than a year and a half, Nebojsa Pavkovic was transferred to the Tribunal on 25 April 2005 from Serbia. On 30 September 2005, the Trial Chamber granted Pavkovic's motion for provisional release, but stayed the decision pending an appeal from the Prosecution. The Prosecution appealed the decision on 3 October to which the Defence responded on 6 October.
On 1 November 2005, the Appeals Chamber granted the Prosecution's appeal, quashed the initial decision and remitted the matter back to the Trial Chamber for further consideration.
In its decision, the Trial Chamber stated that the accused satisfied the requirements that if provisionally released, he would appear for the commencement of his trial and not pose a danger to any victim, witness or other person while on provisional release.
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Hard copies of the decision may be requested from the Media Office.
Courtroom proceedings can be followed on the Tribunal's website.
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