• Wednesday, 15 May 2024

No evidence of minimum standard for extending detention, says Aleksandar Gjorchevski's defense

No evidence of minimum standard for extending detention, says Aleksandar Gjorchevski's defense

Skopje, 13 March 2024 (MIA) - The Supreme Court held a public session on Wednesday over the appeal against the detention order for Aleksandar Gjorchevski, the father of murdered 14-year-old Vanja Gjorchevska. With the appeal, the defense claims that the detention is preventive and therefore impermissible. On the other hand, the prosecution says the evidence lead to an indisputable conclusion of a well-founded suspicion at this stage that the accused has committed the crime he is charged with.

The appeal to the Supreme Court comes after the Skopje-based Appellate Court's decision to reject as unfounded an appeal against extending the detention order for the suspect Aleksandar Gjorchevski.  

Defense attorney Vladimir Tufegdzhikj told Wednesday's public session that not a single piece of evidence has been presented to lead to the conclusion of having the minimum standard for extending the detention measure.

"A well-founded suspicion that a crime has been committed means having the facts and information to convince someone that the suspect has committed the crime. The arguments and assurances must not be general and vague, but specific arguments that justify detention," said Tufegdzhikj. 

According to him, the "quasi-automatic decision extending the detention" is against the law.

Tufegdzhikj added, among other, that the suspect is going through a process of loss, noting that the suspect's behavior so far was a healthy reaction to the loss of his child, which is the hardest thing that can happen to a parent.

Therefore, the defense believes that the appeal should be accepted, with milder measures ordered as an alternative or having the pre-trial detention measure lifted.  

In response to the appeal, the Public Prosecutor's Office has proposed rejecting the defendant's appeal as unfounded.

According to prosecutor Natalija Tasevska, the Skopje-based Appellate Court has made a clear decision with reasonable suspicion that the suspect has committed the crime "abduction". In addition, she noted, more evidence are supporting this during investigation, and the investigation is still ongoing. 

"It is a serious crime that has resulted in a serious consequence, and in such actions, the law provides for a severe punishment, and therefore the reason that if the accused is released from detention, it will pose a high risk of flight," said Tasevska.  

She added that at this stage of the proceedings, when investigative actions are still being taken, there is a possibility that the accused may influence witnesses, i.e. have them change their statements during further proceedings.

"I would particularly point out that at this stage of the proceedings, the measure that can ensure smooth conduct of criminal proceedings is detention," she said.

The suspect Aleksandar Gjorchevski, Vanja's father, also made a statement at Wednesday's session. 

"I'm torn between two worlds right now, one of my children is here, and the other one was taken away from me. It doesn't matter to me where I will see the resolution of this situation, what matters to me is that there is a resolution, so that I can make a decision as an adult whether I will continue here in this world or join my older daughter," he said. 

Vanja Gjorchevska, 14, was found dead near Skopje on December 3 after she was reported missing on November 27, and Panche Zhezhovski, 74, was found dead near Veles on December 3 after he was reported missing on November 24.

Prime suspect in the case, Ljupcho Palevski-Palcho, who has been charged with abduction and murder, is in detention in Turkey until extradition is effected. Suspects Velibor Manev, Vlatko Keshishov and Bore Videvski have been charged with abduction and accessory to murder, and are in detention in Skopje. Vanja's father Aleksandar Gjorchevski, who is also in detention, is suspected of sharing information over his daughter's morning routine and has been charged with accessory to abduction. 

The Skopje-based Criminal Court, upon proposal of a competent prosecutor, cancelled the detention of Stefan Dimovski, the person who drove Ljupcho Palevski - Palcho, the prime suspect in the murder of Vanja Gjorchevska and Panche Zhezhovski, from Serbia to Turkey.  Precautionary measures have been ordered against Stefan Dimovski, who is suspected of assisting escape. Under the precautionary measures the suspect is prohibited from leaving their place of residence, will have their travel documents seized, as well as the driving license, and will have to appear in court when summoned.

Photo: MIA