The outgoing chief prosecutor reveals details from the special work: Analyzing 700 thousand pages of documentation

The outgoing chief prosecutor reveals details from the special work: Analyzing 700 thousand pages of documentation

The specialised prosecutor, David Schwendiman, has given a speech entitled “Reflections from my experience as Specialised Prosecutor and future challenges”, in a packed hall of Leiden University. His speech comes days after it was announced that he has left his post as chief prosecutor of Tribunal [...]

In the communiqué issued by the Special Prosecutor's Office, Schwendiman announced that the Specialised Prosecutor's Office is currently analyzing and praising some 700,000 pages of documentation involving some 70,000 paperwork, as well as some 6,000 other similar materials, among other videos, photographs, transcripts and other items collected during the ongoing investigation.

The chief prosecutor had also cited the difficulties of the process of collecting documentation and obtaining witnesses and other materials that may have provative value, arguing that patience, perseverance, and diplomacy are needed.

On the other hand, Schwedimann announced that his deputy, Kwai Hong Ip, will be the task of specialised Prosecutor's duty until his successor's appointment.

Schwendiman had completed his speech saying that the work of the Specialised Prosecutor and Specialised Chambers is not an attack against the history of Kosovo's independence, or the veterans of the Kosovo Liberation Army.

Read FullW The communique issued by the Special Prosecutor's Office:  

Specialised Prosecutor's Reflections on the Experiences and Challenges of the Prosecutor's Office Specialised in word of farewell

In his last public address as specialised prosecutor that included a wide spectrum of topics, Mr. David Schwendiman spoke of the beginning of the Specialised Prosecutor's Office (ZPS), the challenges facing him as a specialised prosecutor, the challenges the institution will face in the years to come, as well as the reasons why the investigative work led by him is special, requires time and intensive means.

Schwediman, whose mandate as specialised prosecutor ends at midnight on March 31st when his appointment as foreign service officer at the US State Department ends, spoke a word at Leiden University's Grotius Centre in The Hague.

He explained in detail some of the policies followed that marked his mandate as specialised prosecutor.

According to the 86th Rule of Procedure and Tests Rule announced by the Specialised Chambers in July 2017, prior to the surrender of an indictment, the Specialised Prosecutor must be convinced that “has well-founded doubts that a suspect has committed, or participated in conducting a criminal act within the jurisdiction of the Special Chambers”.

Besides that, and given the best professional experience, Mr. Schwendiman stressed that he had instructed the employees of the Specialised Prosecutor's Office to make further assessments to determine whether an indictment should be established; in other words, if the proposed indictment is backed by evidence available to be presented during the trial and evidence which after having been examined by a well-informed, responsible and powerful protection, possibly enough in quantitative and qualitative terms to lead to the guilty verdict even at the level of appeal with any accused and proposed charges.

Schwendiman also explained that in line with the Kosovo Constitution and the Law for Specialised Chambers and the Specialised Prosecutor's Office, the European Convention for Human Rights, along with other international human rights instruments, are binding for the Specialised Prosecutor and Specialised Chambers. This means that the Specialised Prosecutor also has the obligation to enable victims to benefit the rights guaranteed by such instruments.

“One of the main responsibilities is to impose a reasonable investigation of death and extinction of crime victims within the mandate of the Specialised Prosecutor, and of finding, exhumation and identification of those still considered missing, so that the identity can be restored and to be handed over to their relatives,” said Mr. Schwendiman, stressing that he has always followed the <x2 policy full implementation in accordance with our mandate and within our options”.

The specialised prosecutor noted the continued commitment of the officers of the Prosecutor's Office specialised to the protection of vulnerable victims and witnesses.

Schwediman also mentioned the difficulties of the process of collecting documentation and finding other material that may have provative value, arguing that patience, perseverance, and diplomacy are needed.

The Specialised Prosecutor's Office is currently analyzing and praising some 700,000 pages of documentation involving some 70,000 paperwork, as well as some 6,000 other similar materials, among other videofilmings, photographs, transcripts and other items collected during the ongoing investigation,”.

These tasks must be carried out before the court meets the conditions for an increase of executions explained by Mr. Schwendiman.

“We need to do the job well and in the right way in order to ensure the fulfilment of the standards mentioned earlier and avoid the delays and inherent problems at a later stage,” he said, stressing that such a thing also has the <x2-> essential importance if we want to realise the goal of achieving the results that are legitimate and are considered by those who will be influenced by them. ”

The specialised prosecutor also spoke of bringing responsibility and stressed: the prosecutor's key task is to determine responsibility; individual responsibility for proven crimes outside reasonable suspicion on the basis of evidence collected by means and ways accepted as fair and reliable not only on the basis of international standards, but also on the local system. He stressed that “responsibility should be for individual actions and not the responsibility of a group for actions covering the special Law. ”

Schwendiman made it clear that the work of Specialised Prosecutor and Specialised Chambers is not an attack against the history of Kosovo's independence, or the veterans of the Kosovo Liberation Army. “The EU has not been invested in this, nor has the United States sent me here for this. None of us are committed to changing history, nor to any organization, group, or ethnic communities”. Our only goal is to do what the law and evidence allow us to prove the actions of individuals,” said. “The cause for discrediting the composite, controlled or individual-run organisations is exactly the crimes committed by these individuals, in whole or separately, and not their investigation or prosecution,” the Special Prosecutor stressed.

Schwendiman expressed regret that he could not complete the mission, part of which he had the privilege of being, but made it clear that his departure is only “due to) changing personal circumstances, but it is not a change of focus or dedication, American policy or commitment, nor a moment or event that signals something else. ”

Schwendiman clearly stressed that his departure will not change anything in terms of the work of the Specialised Prosecutor's Office, and added that his deputy, Kwai Hong Ip, will be the task of the Specialised Prosecutor's duty until the appointment of his successor, stressing that “Zyr is leaving him in the best possible hands of”.

Mr. Schwendiman, heading “Reflections from my experience as Specialised Prosecutor and future challenges”, was held in a packed hall of Leiden University where there were lawyers, journalists, diplomats and students among participants.

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