The Supreme Court in Skopje confirmed today the ruling of the Basic Criminal Court in Skopje that the conditions for extradition of Tomor Morina to the Republic of Serbia have not been met.
The explanation states that Tomor Morina is a citizen of the so-called Kosovo and of the United Kingdom, not Serbia, and that the alleged crime was committed in the territory of the so-called Republic of Kosovo - which is, under UN Security Council Resolution 1244 of June 10, 1999, a UN-administed territory.
The explanation also states that Kosovo has been independent since 2008, and that the Republic of North Macedonia recognizes it.
"The Court agrees with the Criminal Panel of the Basic Criminal Court in Skopje that the legal preconditions for extradition of Tomor Morina envisaged in the European Convention on Extradition, the Agreement between Serbia and Macedonia on extradition, and Article 52 of the Law on International Cooperation in Criminal Justice have not been met, because Morina is not a citizen of Serbia, that is, of the state requesting his extradition, but of the Republic of Kosovo, as well as the fact that the crime he is charged with was committed in the territory of Kosovo in 1999," states the ruling of the Supreme Court of North Macedonia.
The Supreme Court's ruling will be sent to the Ministry of Justice, which will make the final decision.
The Supreme Court ruling did not state whether Morina remains in custody pending a decision by the justice minister.
Former KLA member Tomor Morina was arrested at the Blace border crossing on an Interpol arrest notice. Morina was charged with war crimes against humanity committed in Kosovo and Metohija between 1998 and 1999.