By direction of a Kosovo district court overseen by UN officials, Mr. Mirolub Momcilovic, Mr. Jugoslav Momcilovic, and Mr. Boban Momcilovic have been held at the U.S. Army-operated Camp Bondsteel detention facility since July 10, 1999, pending trial.

Shortly after beginning operations in Kosovo in July, 1999, Task Force Falcon soldiers apprehended four members of the Momcilovic family and detained them in the Camp Bondsteel detention facility following a shoot-out that occurred outside of their home in Gnjilane. The gun battle, which claimed two Kosovar Albanian lives and wounded two others, erupted when several Kosovar Albanians confronted the Momcilovic family, who were then inside their home. During the shoot-out, U.S. KFOR soldiers returned fire that had been aimed in their direction. It was originally established that one man was killed and another wounded by a soldier who was properly acting in accordance with the rules of engagement in effect at the time of the incident. The Momcilovics were charged with the death of a second man, Mr. Afrim Gagica.

The results of the initial Task Force Falcon investigation and results of a preliminary U.S. Army Criminal Investigation Command summary report completed on July 17, 1999, which stated that the Momcilovic family home was attacked and that they were defending themselves, was transferred to UNMIK for further investigation and processing. A summary CID report also stated that U.S. KFOR soldiers were fired upon and lawfully returned fire, killing a Mr. Naser Azemi and wounding a second man.

Shortly after the shooting, one member of the Momcilovic family was released. In October, 1999, an interim court operating under the auspices of UNMIK in Pristina, ordered three of the Momcilovics detained. The court continued the detention through January, 2000, when the Momcilovic family members were indicted for the murder of Afrim Gagica and unauthorized weapons possession. In February, 2000, the court in Pristina transferred the case to the Gnjilane District Court. The case went to trial on April 25, 2000, but was recessed on April 26, 2000. The next session is scheduled to reconvene on July 20, 2000, in Gnjilane, Kosovo, before a panel of five judges, including the presiding judge for the panel, an international judge appointed by the Special Representative to the Secretary General, Mr. Bernard Kouchner.

Based on a June 19, 2000 media inquiry, the U.S. Army Criminal Investigation Command re-opened its investigation on June 22, 2000. Information from the second CID investigation provides the Gnjilane District Court prosecutor with a more thorough and complete investigation concerning the death of Mr. Gagica, for which the Momcilovic’s have been charged and detained.

Based upon the preliminary findings of the second CID report, Task Force Falcon immediately passed the recently developed information to the Gnjilane District Court president for a review of the Momcilovics’ detention status.

Additionally, U. S. Army Europe will conduct a comprehensive systemic review of the circumstances in this matter.

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