The Humanitarian Law Center (HLC) condemns the practice of Serbian courts to hand down prison sentences equaling the time defendants have already spent in custody. Such decisions deny defendants the possibility of suing the state for unlawful detention.

The latest example of the practice was on 23 November when the District Court in Nis reheard the case of four Kosovo Albanians charged with seditious conspiracy and sentenced them to 18 months in prison each. Since Baskim Sadiku, Azem Zegrovu, Feriz Kaciju and Ekrem Jusufi had been in custody for exactly 18 months, the court immediately discharged them. Defense counsel, including HLC attorneys, sought an acquittal since the prosecution had presented no evidence that the defendants had carried out armed assaults on Serbian police officers.

Considering an appeal filed by HLC attorneys, the Serbian Supreme Court in October quashed the Nis District Court's ruling sentencing these four Kosovo Albanians to prison terms ranging from 1.5 to 2.5 years on the basis of the results of the discredited "paraffin glove" tests alone. The Supreme Court found that the decision was based on wrongly established facts, that it was incomprehensible and contradictory, and ordered a retrial.

The Nis District Court, however, failed to act in accordance with the Supreme Court's decision and again convicted the defendants although the prosecution proffered no new evidence to prove the charged offense.