The trial for one of the biggest tragedies in North Macedonia's recent history – the fire at the Pulse nightclub in Kocani, which killed 63 people and injured over 200 others – begins today and is expected to be a test for the judiciary and trust in it.

A total of 34 people and representatives of three accused companies are expected to sit in the dock in the courtroom at the Idrizovo prison on the outskirts of Skopje. Among them are the owners of the disco, former ministers of economy, former mayors of Kocani and inspectors…

The trial is starting eight months after the fire that broke out in the early hours of March 16 during a performance by the music group DNK.

The call for justice from the parents and relatives of the victims has continued at the same time. Every Saturday, they have organized a “March for Angels” through the streets of Kocani, and the latest, the 30th in a row, was held in Skopje on November 15.

They were supported by thousands of citizens who marched with them from the central square of North Macedonia to the buildings of the Parliament and the Basic Criminal Court. Everyone wants justice, but many of them are also skeptical.

"Given the history of our judiciary and the way the judicial system has been run before, you can't be too optimistic."

"However, I think this is a chance for the judicial system to emerge as an independent authority and not be subject to pressure from the executive branch," Skopje resident Ilija, who was part of the citizens who marched through the capital on Saturday, told Radio Free Europe.

The tragedy in Kocani occurred during a performance by the music group DNA. Sparks from pyrotechnic devices set the ceiling of the discotheque on fire, the fire spread rapidly, while panic and the narrow exit from the building caused chaos.

According to the indictment, the facility did not even meet the minimum technical requirements for carrying out food service activities, did not have a reconstruction permit, did not have a basic reconstruction project and reports, as well as a special report on protection from fires, explosions and hazardous materials, and no plan and assessment for protection and rescue had been prepared.

A broad and complex topic
This case is seen by many lawyers as a test for judicial authorities, which in recent years have faced a public trust rating of only 2 percent.

"This case will be a test not only of the court's ability to manage a complex procedure, but also of the institutions' ability to deliver justice that will withstand the test of legal argumentation and public trust," Darko Avramovski, executive director of the non-governmental Coalition "All for a Fair Trial," which has monitored court proceedings for many years, told Radio Free Europe.

The indictment in this case is not only extensive and complex in terms of the number of defendants and victims, but also in terms of the time period it covers – the last 13 years.

The defendants are accused of having contributed to the tragedy through their actions or of having done nothing to prevent it. This applies in particular to officials and functionaries.

All will be tried for the same crime, incitement to serious acts against public safety.

“In addition to the formal challenges, there are also substantive issues that contribute to the complexity and specificity of this case. For example, the indictment charges all defendants with the same crime, even though the roles, actions, and time period in which they occurred are radically different,” says Avramovski.

This arrangement, according to him, "makes it difficult to individualize responsibility and clearly determine the cause-and-effect relationship for each individual person" and this will further affect the efficiency and fairness of the process.

However, he says, effective and efficient justice is possible if the trial is conducted carefully, professionally and without deviating from legal standards. And, it is important, he says, not to allow public pressure to change the essence of the legal process.

Judges, according to public reactions, are aware of the importance of the process that is beginning before the Basic Criminal Court in Skopje.

“This process will not only be a test of our legal preparation, but also of our resilience, professionalism and independence. Each of us is aware that such cases are followed with great attention by the public, but this only further emphasizes our responsibility to remain in line with the principles of justice and the rule of law,” said the acting president of the court, Daniela Dimovska, in her speech at the annual assembly of the Association of Judges on October 31.

Parents of victims demand parliamentary investigative commission
And in addition to the judiciary, MPs are also on the move regarding the Kocani fire case. On November 15, the parents of the "March for Angels" demanded before Parliament an investigative commission and an oversight hearing to shed light on the full responsibility for the tragedy.

The opposition supported the request. SDSM Chairman and MP Venko Filipçe announced that they would submit such a proposal to Parliament.

"The parliamentary group and the party leadership assessed that these are necessary steps to review the actions of all institutions, to determine political responsibility, as well as to prepare further measures and solutions so that such tragedies never happen again in Macedonia," Filipçe said.

Meanwhile, the leader of the Left party and MP Dimitar Apasiev announced that as chairman of the Standing Investigative Committee, he will schedule a special session for next week, in which the parents' submissions and claims about the Pulse fire will be reviewed.

MP from the ruling VMRO-DPMNE party, Bojan Stojanoski, said in a statement to the media that they would accept the request, but that the investigative commission be expanded to include other tragedies that have occurred in the country, such as the Durmo Tours bus accident.

VMRO-DPMNE leader and Prime Minister Hristijan Mickoski previously announced another request from parents: a payment as financial assistance following the example of the tragedy at the modular hospital in Tetovo in 2021, when 14 people died.

"As the Government, we have done everything in our power so far and we will continue to do the same. The pain of these families is great and it is our duty to alleviate it as much as we can," Mickoski said on November 17.

Who are the defendants?
While awaiting a move from the deputies, all 34 defendants are due to appear at the first hearing session in the Idrizovo courtroom on November 19. Three of them are responsible persons, owners and managers of the company CLASSIC DM – Koçani with a branch Cabaret PULS and the company MMMM CAFE – Koçani, which have been running a food business in the fatal facility since December 2012.

Among the defendants is the brother of the discotheque owner, who, according to the prosecution, was responsible for selling tickets and controlling the number of guests and their ages.

According to the prosecution's estimates, there were over 500 people at Pulse on the fateful night.

Three mayors of Kocani will also be charged. Ljupco Papazov (VMRO-DPMNE), who was in office at the time of the tragedy, as well as his predecessors Nikolco Iliev (LSDM) and Ratko Dimitrovski (VMRO-DPMNE).

According to the prosecution, they knew that the Pulse nightclub existed in the city, but did nothing, namely, the place was not registered in the municipal register in accordance with the Law on Hotel Activities. They, as the prosecution claims, enabled the venue to operate and the owner to pay a fee for carrying out hotel activities.

Kreshnik Bekteshi and Valon Saraçini, former ministers of economy, are also accused.

The list also includes a state secretary and five officials from the Ministry of Economy, which is responsible for issuing licenses for nightclubs.

The investigation initially included two other ministers from this department, Bekim Neziri and Driton Kuçi, but for them, as for three other people from this department, the procedure was discontinued due to insufficient evidence.

The current Minister without Portfolio in the Government, Shaban Saliu, who is being prosecuted as the former director of the Directorate for Protection and Rescue, along with three other former directors, as well as an inspector general who was the head of the inspection service at the State Security Service, will also sit in the dock.

Local inspectors, such as three building inspectors from the Municipality of Koçan, as well as members of the security forces, are also accused.

The number of parties - defendants, lawyers, as well as representatives of the injured families, who will be in the courtroom for each hearing session, is expected to be over 70.

The prosecution, on the other hand, will be represented by around 15 prosecutors, who will alternate in the hearings depending on which of them has worked on which part of the investigation.

The trial will be presided over by Judge Dijana Gruevska-Ilievska from the Skopje Criminal Court, who, among her last known cases, tried the case of the Durmo Tours bus accident in Laskarci in 2019, when 16 people died.

The case, according to a decision of the Supreme Court, was assigned to the Basic Criminal Court in Skopje because the courts in Shtip and Strumica do not have a sufficient number of judges in criminal cases.

But also because the Supreme Court believed that the case should be handled by "judges with experience and acquired knowledge of criminal matters, who will enable efficient, professional and legal procedures, and at the same time contribute to increasing public awareness."

Two more procedures for Pulsi
There are two other cases related to the Pulse fire.

One of them is linked to the company Rubicon Security Solutions, which was responsible for securing the disco. Its owner, AN, is being prosecuted for serious crimes against public safety.

The indictment indicates that the owner of the security company made operational errors, that is, did not act in accordance with the regulations and technical rules for protective measures, thus causing a large-scale danger to the life and body of people, as well as property.

The prosecution claims that Rubikon's security of the discotheque was carried out without a written agreement with the Pulse club, and without control and supervision over the fulfillment of the obligations of the employees who provided property security.

The indictment for this case was approved by the Basic Criminal Court on October 17.

Currently under investigation is a case involving ten police officers who are accused of having granted permits from 2012 to 2022 and enabled the legal entity, the Pulse discotheque, to obtain a license to carry out hospitality activities, even though it did not meet the required conditions.

This investigation is being conducted by the Specialized Department for the Prosecution of Criminal Offenses Committed by Persons with Police Authorizations and Members of the Prison Police within the Basic Public Prosecution Office for the Prosecution of Organized Crime and Corruption (PPO GOKK)./REL