Special Court guests may even be detained

The Special Court has so far submitted several invitations to former leaders and soldiers of the Liberation Army.

Last of the political scene interviewed by the Specialised Chambers in The Hague are incumbent Prime Minister Ramush Haradinaj, as well as former Prime Minister Jakup Krasniqi.

Haradinaj was summoned by the Special Court to the quality of the suspect, but he has been quietly protected.

But is there any possibility that all guests from the Special Court will be detained during the interview process?

The Special Court's accredited lawyer, Tome Gashi, has made known about the news.net, that in certain cases even the detention of any of the suspects may occur.

“Normal that in certain cases the Special Prosecutor in The Hague may demand that the Special Court in certain cases pre-medit one of the suspects and that before, but even after his or her intervention”, Gashi indicated.

According to him, such cases may occur when the prosecution has doubts that suspects may influence witnesses or evidence, but even when there are doubts they may leave the country.

The procedure requires this when there is doubt that the suspected person can escape, can influence witnesses and evidence to ensure his presence, detention as the most severe measure can prevent such actions. But the Court will always assess that such risks as whether they can be eliminated with other alternative measures, such as home arrest, police notice on a given day and time, confiscating travel documents, cauation and other actions, related”, Gashi said.

According to him, it may happen that the Special Court will demand that any suspects remain at The Hague.

“But the specific is that the Special Court can ask that the suspect remain in The Hague under the conditions that the court defines”, he stressed.

Gashi indicated that special court practices are the same as they were at The Hague Tribunal for the former Yugoslavia, where suspects have remained in custody even during the interview process and have not been able to defend themselves in freedom.

“Practacts are the same as they were in The Hague Tribunal for the former Yugoslavia, although in that tribulal each accused during the trial phase has remained in custody and no one has been able to defend himself in freedom until the trial is carried out”, he indicated.

Gashi has said it is most likely that one of the former KLA members will be arrested and held in custody immediately after the indictment was filed.

“The real questions are that one of the former KLA members is arrested and held in custody after the indictment at the Special Court. We hope this won't happen but the odds are too big”, Gashi stressed.