Special Court: First Kosovo Crime Witness Presented

Everyone has a war story to confess to justice.

Some of them have already put in touch with the head of the Association Office of Victims Silke Studzinsky, which reports exclusively about Gazeta inFokus, her job to be with those who have suffered from possible crimes in Kosovo.

She is awaiting publication of the first charges to know exactly the charges and the crime sites.

“Then, people who have suffered damage as a result of one of the crimes in the indictment can apply to become participating victim”, says Researchzinsky for inFokus, which repeatedly encourages those who are not afraid to speak.

According to her, the victims can apply immediately after publishing the charges, which means they can contribute to an already prepared case by the prosecution.

But what will happen to other victims who will not be able to testify if there is no indictment for their “acres”?

In this interview, Studzinsky points out in detail the reasons why some of the citizens' suffering during the war in Kosovo will not be tried.

The legal framework of specialised rooms approved by the Kosovo Assembly does not envision a role for victims during the investigation. The victims rely on the selection of linked crimes and suspects identified by the specialised prosecutor”, it tells us to state in detail the work that will have until the end of the Special Court's mandate.

inFokus What is the role of the Victims Attendance Office?

Silke Stuzinsky- The victim turnout office (ZPP) is part of the Administrative Office, which is the body responsible for administration and other services in the Specialised Chambers.

The Association Office manages the victims' participation system, the list of victims' lawyers and the payment system for legal representation of victims.

In addition, my office can provide assistance to victims in connection with criminal procedures.

inFokus How will you achieve the victims of crimes that may have happened 20 years ago?

Silke Stuzinsky- So far I don't know who the victims are. Only when an indictment is made public will we know the charges and the crime scene. Then, people who have suffered damage as a result of one of the crimes in the indictment can apply to become participating victims.

For the moment, I address different communities and inform them of Kosovo's Specialised Chambers and the victims' participation system.

inFokus Do you believe that all victims will be able to contact you via e - mail or direct mail? How will you apply for victim status?

Silke Stuzinskypossible victims of crimes over which the Specialised Chambers have jurisdiction may live in Kosovo or elsewhere. I continue to address possible victims and representatives of these communities. Once the indictment is made public, people will be able to apply through an application form. The message will be distributed not only on the Specialised Chambers website, but also through other media. In addition, we are working on building a network of NGOs linked to different communities in Kosovo.

I hope all those who are victims of the crimes that will be charged will be sufficiently informed so that they can use different forms to get apps at my office in The Hague.

inFokus Can victims also be witnesses at the same time?

Silke Stuzinsky- Yeah, that's possible. They can apply to become a participating victim with a number of rights in the procedure. At the same time, one of the parties may decide to call them as witnesses.

inFokus As far as we know, victims can apply immediately after publishing the charges, which means they can contribute to an already prepared case. What will happen to other victims who will not be able to testify if there is no indictment for their “acres”)

Silke Stuzinsky- The legal framework of specialised chambers approved by the Kosovo Assembly does not envision a role for victims during the investigation. The victims rely on the selection of linked crimes and suspects identified by the Specialised Prosecutor.

Regarding the prosecutor's policy and strategies, it would be appropriate to discuss with the Special Prosecutor's Office. I must remember that Kosovo's Specialised Chambers have jurisdiction over crimes committed or initiated in Kosovo during the respective period from January 1st 1998 to December 31st 2000, and dealing with the so-called Dick Marty Report.

The Law gives the Special Prosecutor permission to select cases that will bring to the Pre-emptive Procedure Court.

inFokus Has any of the victims yet appeared in your office, and why?

Silke Stuzinsky Victims of all kinds of crimes have contacted me to get information about the victims' participation system. Only after the indictment has been confirmed and published will we know the charges and therefore who can become a participating victim in the procedure.

inFokus Most people in Kosovo are afraid to talk about possible crimes by KLA officials. What makes you believe the victims won't be afraid to talk?

Silke Stuzinsky- It is very important to understand that according to the Specialised Chambers Work Guide, applications forms will be kept confidential. They will not be discovered either the Defense or the Prosecutor. That means that if the victims do not want to discover that they have applied for participation, their identities will be protected from discovery.

In this case, however, they must also be careful and not share the fact (information) that they are participating.

Of course, the victims' participation is voluntary. I very much hope that more victims will apply for participation once they realize that they are not alone and that they are too many.

inFokus In history, all criminals know their victims. Do you think the alleged KLA officials can reach the victims before you and force them not to speak?

Silke Stuzinsky- As the cases from courts and other tribulals show, it is not necessarily the case that perpetrators of criminal acts recognise victims who will participate in the procedure. Because of their position and location, some perpetrators cannot know the actual identity of the victims.

Moreover, it may happen that more victims <x0directed” will apply and be granted the right to attend, for example, members of the family of those who have suffered directly from crime. Often, they will not know what happened, and in this case, they will not become witnesses to the facts.

In addition, if victims or witnesses are threatened or feared, this could lead to prosecution for crimes against justice administration, which are very serious crimes.

inFokus How will you protect the victims?

Silke Stuzinsky- The application process provides some protection because applications will not be revealed to the public, nor to the Defence and Prosecutor.

If they testify as witnesses, they will enjoy full protection measures that specialized rooms have available with lessons learned from previous experiences.