Demak Brothers letter to Costnett: Internationals intervene in Supreme Court

Demak Brothers letter to Costnett: Internationals intervene in Supreme Court

The two brothers, Nexhati and Fadil, have explained through a Public License that the internationals had intervened in the Supreme Court to fail to comply with the Constitutional Court's decision proving violations of their rights during the trial. On paper, the Demak brothers have said that international intervention in the Supreme Court has confirmed in [...]

Read the entire Public Letter:

Open letter Ambassador Philip S. Cosnet

Your Honor. Ambassador. We who are addressing you with this open letter are innocent, but convicted and allegedly convicted of war crimes, in a policy-service process rather than justice.

The reason we wrote you is that you constantly raise concerns where you seek to protect the fundamental principles of the legal and democratic state and where citizens' freedom and rights should be guaranteed.

We have no doubt that you as U.S. representative want the best of our country.

Our dilemma for you, sir. The ambassador is that you've been shown objective in the principles of the legal and democratic state. Our constatement that seems harsh but unfortunately fair disfigured the process called Drenica 2.

This process began in May 2013, where we were charged and sentenced to 10 people to 44 years in total prison. The convicts were the four Demak brothers, the four Demaj brothers, and two others. All this with a slander testimony given through Skype by a mentally troubled witness who served as “karta” proper for their purpose.

The charge he had fabricated against us was that supposedly all of us somewhere in the August-September 1998 period one night and we've beaten this witness up. Such nonsense has made a jury of him EULEX formed illegally.

That this process was set up for political purposes was also accepted by the chairman of the EULEX Judges Assembly, Malcom Simons, in an interview given to “Le Monde”, even in publishing his official emails sent to EULEX management in Brussels, where he had warned that the Drenica 2 Process is not a regular judicial process and that the goal was to ensure the sentence to cover EULEX failures and continue the mandate.

Also Mr. Simons had said that the Judicial Chamber of the Constitutional Court led by Dariusz Sielicski in the Drenica 2 Process has been formed illegal.

After all those developments we have addressed the Constitutional Court. Mr. Ambassador to your knowledge June 7, 2018 The Constitutional Court of Kosovo has found that in the case of Drenica 2 there were violations of Article 31 (Just for Law of Justice and Unright) of the Constitution and Article 1's Paragraph 1 ( The right to a regular process of the European Convention on Human Rights.

The Constitutional Court requires the Supreme Court to enforce the verdict within six months. In October 2018 a Supreme Court Panel consisting of Valdete Daka, Nysrin Lustha de Jelena Krivokapic reject implementation of the Constitutional Court's decision and demand the execution of the sentence against us contrary to Article 116 of the Constitution of the Republic of Kosovo, where it says: “The Constitutional Court decisions are binding for the judiciary and all persons and institutions of the Republic of Kosovo.

We have expressed our reasonable concern to President Hashim Thaci and Justice Minister Abelard Tahiri for failing to implement the Constitutional Court's ruling (Nani 84 points 2 says: The president guarantees the constitutional functioning of the established institutions with this constitution.

Unfortunately, their answer to us has been shocking. They told us that in the Supreme Court, including the chairman of this Court, Mr. Enver Peci, that the internationals have intervened by hinting even to your predecessor. Ambassador to ignore the Constitutional Court's decision of June 7, 2018 in the Drenica 2 case.

On November 14, 2018, we have again addressed you to the Constitutional Court with a request for the implementation of this Court's decision on June 7, 2018.

Your Honor. The ambassador briefly unveiled the course of this process to come to your 1511 statement. 2019. You Mr. The ambassador commented happily with a Constitutional Court decision that we are not officially informed by the Constitutional Court except for a brief tip in the media that does not answer our request.

We hope that the Constitutional Court as the final authority in the Republic of Kosovo will not issue controversial decisions that will shake the authority of this Court.

The course of this process from the beginning to today reminds us of Franz Kafka, who in his book The Process says: “In the way this trial takes place, you are supposed to be condemned not only as innocent but also as an indictee.

Your Honor. Ambassador, we hope you can read our letter and confirm what it says. We can say with conviction by believing in the values that the United States represents that this will serve you during your mandate from now on not to be selective for the sake of what you represent in our country, that you are more than an ambassador here, says the letter sent to Express.

Respectfully

Fadil Demak

Nexhat Demak

16,11,2019

 

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