Azem Syla will be tried by a Special Court judge

EULEX Judge and Special Court nominated Judge Vladimir Micula is expected to be appointed to the court to judge the case in which he is the former deputy PDK, Azem Syla.

It was reported yesterday that EULEX has withdrawn the request it submitted to the Kosovo Judiciary Council that Judge Nora Blace be on the trial panel that will judge Azem Syla's case.

Callo. com learns that until this EULEX movement has come after the judge who is currently on the EULEX court that judges Naser Kelmendi has been appointed part of the court as well as in the case of Azem Syla and 21 others in the case known as “Tokat”.

All this has been done since both Mikila and Nora Blace had been part of the panel of judges during hearings of special investigative opportunity where two protected witnesses were heard.

The Kosovo Criminal Procedure Code must at least one of the judges panel members of the particular investigative opportunity to be part of the panel following the establishment of the indictment.

The withdrawal of the request regarding Judge Nora Blace threatened that all hearing hearings of protected witnesses be repeated while avoiding this EULEX has apparently appointed Judge Mikila.

But even the appointment of Judge Miula does not offer sustainable solutions in this case, since in the event that Micila already on the list of appointed judges begins working at the Special Court, the same problem with the jury would again be presented.

Azem Syla's lawyer, Besnik Berisha, said repeating the hearing of witnesses would be in the interest of justice, however, does not believe this will happen.

“In the concrete case I don't believe that we will have repeat testimony of witnesses heard on the case of special investigation, even though it would be in the interest of justice because it appears that EULEX has placed Judge Vladimir Mikyla, who is currently on the panel in the case of Kelmeni”, Berisha said.

Berisha's impression bases it on the fact that two sessions that were scheduled to be held at the same sessions with the Kelmendi case have been cancelled.

This eventual EULEX solution does not convince lawyer Berisha, who says the process risks repeating itself in another phase.

“Process risks repeating at a stage because Judge Miula is on the list of judges for Specialised Chambers, unless he has already given up such a” position, Berisha said.

The whole situation makes Berisha feel that the case of his defense can be accelerated to compensate for lost time.

“Personally I fear that EULEX will try to fully accelerate with this trial to compensate for the lost time with their guilt, but such a thing will seriously violate the rights of the accused for a fair and legal process”, Berisha said.