Blake: Kosovo, Serbia must normalise reports before agreeing

Radio Free Europe: Mr. Blakaj, after nearly two decades since the end of the war, is now talking about a possible reconciliation between Kosovo and Serbia. As much as you can see a reconciliation between these two countries, and what would be the preconditions of achieving a desired reconciliation?

Bekim Blakaj: I think in this case it's more about establishing normal relations between two countries. Thus, it is not a complete reconciliation. Agreement is something that should happen between the two hostile sides. I believe that dialogue between Kosovo and Serbia has more to do with establishing normal reports between the two states. If we talk about reconciliation after the war or armed conflict, which has occurred almost two decades ago, then we need to invest a little more than it has invested so far. What I mean is that war has produced a large number of victims, suffering. We have a large number of missing persons killed whose families have not seen justice. In this context, to reach a reconciliation between two peoples or two states, the more transitional justice mechanisms are to be implemented, the more possible to prosecute those who committed crimes, on both sides, to offer justice for victims, to accept victims as such on all sides, and to have some kind of compensation, reparation to victims, or especially symbolic material. So to apologize for those victims, to rise different memorials, and I think it had to bring up that reconciliation process. If discussed, if reached to a political agreement, where Serbia would eventually accept Kosovo as a state and establish relations between the two states, I don't think that's the whole reconciliation we're talking about. This is the establishment of relations between the two states.

Radio Free Europe: Do you think that politicians would have to influence the mentality of both peoples, namely, so that hatred is not cultivated at least?

Bekim Blakaj: I think that politicians, political leaders, can greatly negatively influence the creation of a certain nationalism on the people, which these politicians represent, because if they use a hate language, then that will reflect on citizens.

Radio Free Europe: Is this happening?

Bekim Blakaj: Unfortunately, we have seen throughout this period, in recent years, repeatedly the voices of hatred have been raised by political representatives. Zaten, the most have come from Serbia, and this has automatically affected citizens in raising tensions, prejudices against the other side and so on. But this is a kind of classic misuse of politicians, misusing their position to influence the creation of some public opinions, which are a little more aggressive. If politicians were to use a different language and send messages, say, of reconciliation, then that would also reflect on most citizens. Of course, some parts that are more radical will still raise their voices against these conciliatory orders. Most, though, would reflect and be reduced to prejudice.

Radio Free Europe: One of the wounds of war is the unresolved fate of the dead. In Kosovo, there are over 1600 missing war persons. What can both countries do at this stage to brighten their fate?

Bekim Blakaj: In recent years, the process has been completely recorded. In 2015, for the last time, mass cemetery has opened, which has been found on Serbia's territory in Rudnica, where 54 troops of Albanian civilians have been found. Since then, some individual remains have been found, but there is no progress at all. We at the Fund for Humanitarian Law in Kosovo think there should be information about the location of other potential mass cemetery, whether in Serbia or Kosovo or about the annihilation of several mortore remains. This information should also possess institutions. The very fact that this mass cemetery in Serbia has been discovered 15 years after the war makes it clear that authorities have had information about the exact location of this cemetery, and this indicates that they have expected a certain moment to provide that information. We think there should be more information. However, between 1000 and 600, it is a very large number, and the authorities (Serbian) must have information on it. So, to make it dark, maybe it'll never dawn on everyone but a huge piece of these 1,000, 600 people, it has to have a political will, I think at a very high level. There is a working group consisting of both sides -- Serbs and Kosovars -- who meet to resolve the issue of missing persons, but it is quite low and they cannot do more than they have done so far. So it takes a political will to resolve this issue. This has been one of the reasons why we have, in the last few years, come up with a recommendation in our reports, that as the topic of dialogue at the high political level, the presidents of the two states are now expected to continue the dialogue of missing persons and also justice. So, establish some kind of co-operation between prosecutors in Serbia and Kosovo to prosecute war crimes courses. We think, and we are quite convinced, that with only one kind of co-operation at the highest political levels, the number of missing persons can be reduced. So have IDs of missing persons. We have not seen such a will. And why there is no political will, I believe that many people who are in political circles in Serbia, but there may be such ones in Kosovo, fear that if certain mass cemeteries are discovered, then there will be consequences and that someone will be criminal responsibility, there will be court processes on these issues. So they prefer to keep that information hidden.

Radio Free Europe: It has already been warned that Specialised Chambers and the Specialised Prosecutor's Office, known as the Special Court for War Crimes in Kosovo, will begin with the first processes this year. What are your expectations regarding the beginning of this court's work?

Bekim Blakaj: I'm really hoping that this year's the sooner the better criminal proceedings will begin, respectively, we will have the first charges we've been talking about since 2015. I think public action has been prolonged for a long time and we've been waiting for almost two years to start these processes. However, there were several factors, and one was the resignation of the prosecutor (David) Schwendiman. The official argument is that he has reached a retirement age and so on and now, the incoming new prosecutor, who has replaced him, will take a while to analyze all the material that the prosecution has. I'm hoping we'll have our first act soon. If we rely on what the former Task Force's leader, Williams, has earlier stated, we expect an indictment of serious crimes allegedly committed, not necessarily war crimes, but also crimes against humanity, so committed after the end of the war. We still see. What I want is at least a certain number of victims, however, to see justice from these specialised rooms.

Radio Free Europe: However, since the end of the war in Kosovo, 19 years have already passed. Do you expect the efficiency of this court, given that it has long been spent on developments that took place during the war?

Bekim Blakaj: You're right, because over time, these court processes will be more complicated. It will be much harder for the prosecution to document the alleged crimes. The Witnesses unfortunately make themselves die, grow old, and many of them also have little memory whatsoever. So it's pretty hard to arrange a trial for a alleged crime that happened two decades ago. However, I believe the prosecution is well prepared and we will see evidence. Something that's impressed us, that we've seen, is that even though it's been talked about almost daily in these last years in Kosovo, who will be accused of, which crime and so on, we still don't know who the accused can be, what crimes and therefore we can't even know who can be the possible witnesses. This shows that, I believe, the Specialised Chambers, respectively, the Special Prosecutor's Office, have been very careful in protecting the identity of the witnesses. This shows that they may have learned the lesson from The Hague Tribunal as well and have made sure there is no effect on witnesses. Therefore, we are therefore confident that the prosecution is willing to document the alleged crimes for which the charges will be filed.