Protected Witnesses Who Protect

Despite this law, all who may be key to judicial processes are offered covertity and identity, changing residence, as well as other forms of physical and financial support, have failed to convince many witnesses that they can be sure if they give their testimony.

According to civil society organisations monitoring the justice system, problems posed in witness protection are inherited from international missions.

The executive director of the Kosovo Institute for Justice, Ehat Miftaraj, says the flow of information and the discovery of the identity of protected witnesses have weakened citizens' confidence to be protected witnesses.

The practices of UNMIK, prosecutors and UNMIK judges, the practices of EULEX prosecutors and judges have unfortunately dimmed even the interest of potential protected witnesses to be somehow in a protected programme, as we have had several cases when witnesses committed suicide or have been driven to commit suicide. In a way, information about witness identity has come out, so the good practices that should have been built by UNMIK and EULEX prosecutors and judges have actually had anti-effective”, Miftari said.

In addition to criticism from local organisations, the European Commission criticised Kosovo's institutions for non-adequacy witness protection this year.

According to lawyer Florent Spahija from the Kosovo Democratic Institute, justice institutions have particularly failed in major corruption cases.

Kosovo as a state has failed to protect witnesses, especially in large corrupt cases, since most witnesses, even though at the beginning, have started out as protected witnesses, have subsequently appeared and appeared by name and surname at the hearings. The important thing is that in large cases, especially when they are with dangerous and high profilers, protected witnesses are guaranteed maximum security, above all not only the safety of the name but, above all, their physical, personal, and family integrity”, Spahija said.

Free Europe Radio has asked the State Prosecutor if it is offered adequate support to persons who are protected witnesses in various processes of organised crime and corruption in Kosovo, but have failed to provide any official answers.

Meanwhile, at the Kosovo Judiciary Council, they say courts observe the law with professional responsibility.

Kosovo Judiciary Council chief Skender Kocaj says the courts deal with cases of protected witnesses with special care.

We usually have several separate rooms in courts where protected witnesses are questioned so that there will be no contacts or identity known. The other aspect is beyond the Judiciary Council or courts on how a witness is protected. I consider that courts have definitely implemented this law”, Chocaj said.

This year, the European Commission asked Kosovo institutions to work harder on witness protection, as well as training in this area of judges and prosecutors.

According to the head of the KRC, Skender Chocaj, this institution is constantly organising training that is also focused on witness protection.

This subject is also legalised or discussed in training that the judges hold, so it is part of the training that has been held and will be held in the future”, Chocaj said.

Free Europe Radio has also tried to speak to Justice Minister Abelard Tahiri, who is still in office after the collapse of the government, but has been calm.

The years spent in Kosovo in certain court processes, some witnesses despite enjoying the status of protected witnesses in war crimes cases, their identity became public.

In 2013, the Fund for the Humanitarian Law of Kosovo had reacted against placing posters in the town of Sculerright, in which a person who was then a protected witness to the prosecution was presented.

Humanitarian Law Fund Director Bekim Blakaj says lack of witness protection has failed the war crimes trials.

Because witnesses have not been properly protected, many judicial processes have failed. So witnesses, in many cases of war crimes, have hesitated to issue their statement in the main examination of the investigation phase and there have been such cases where they have even refused or addressed the panel of judges, saying that it is not true that the statement they have made during the phase of investigations”, Blackaj told Radio Free Europe.

The best known case of uncovering the identity of a protected witness in Kosovo is that of the X witness, who was reportedly found suicide in Germany. The X witness has been part of the war crimes trial against former Kosovo Liberation Army commander Fatmir Limaj, for whom the latter case was acquitted.

This trial process was conducted by the European Mission for the Endimation of EULEX Law.