The Appellate Court of Skopje declared itself incompetent for the prosecution of Appeals for the use of the intercepted materials from the wire taps and returned the records of the case to the Court of the First Instance.
In the letter where the complaints are properly returned the court stated:
“Regarding to Act. 93 CCP (Code of Criminal Procedure), which refers to the allocation of proof and is provided that when proof can be based on a courts decision, the judge of the preliminary procedure, upon official duty or upon a motion from the parties shall adopt a decision to allocate the records no later than completion of the investigation. After filing the indictment, a decision to allocate council adopts evidence assessment indictment. To appeal against this decision, one would have to take it to the high courts who decide.”
They say that in accordance with the Code of Criminal Procedure, provisions of paragraph 5 of Article 25 , appeals against decisions from the preliminary procedure judge, then goes on to a panel of three judges to decide.
