MPJ expects prosecution to file charges after reviewing files

MPJ expects prosecution to file charges after reviewing files

Kosovo's Special Prosecutor has shown restraint from comments and the provision of additional information about the files he has accepted from the Kosovo Ministry of Foreign Affairs, which have been presented as evidence of crimes committed by Serbia in Kosovo during the recent 1998-99 war. Office for [...]

The Office for Media in the Special Prosecutor of the Republic of Kosovo has not provided any information regarding these documents, leaving the case to the prosecutor's responsibility, who is dealing with that documentation.

Bahri Hyseni, head of the Kosovo Prosecutorial Council, told Radio Free Europe, how the Council is aware that the Ministry of Foreign Affairs has handed over some documents to the relevant Prosecution, but, he said, cannot require additional information at this stage.

A file has been handed over, but we have no other information on what the file contains, because it is not in our authority. It does not mean that we will not receive information because we request regular reports and when we request regular reports they are at the administrative level. So let them give us knowledge of all reports that have managed to deal with”, Hyseni said.

The Special Prosecutor, according to the Kosovo Ministry of Foreign Affairs, has accepted and is examining more than 10,000 documents allegedly to testify to crimes committed by Serbia in Kosovo during the recent 1998-99 war.

Officials of this ministry told Free Europe Radio they expect that after reviewing the documents, the first charges would be filed.

Jetir Zyberaj, adviser to incumbent Foreign Minister Behgjet Pacolli, said the prosecution has accepted and is examining the submitted documents.

The procedure has taken this case very seriously and is looking at one of each page containing that document”, Zyberaj said.

Minister of Office Behgjet Pacolli at the end of 2019 personally handed over the document file to the Special Prosecutor.

He had declared that documents have been provided by various sources through legal means to secure support for Kosovo prosecutors.

Bekim Blakaj, executive director of the Fund for Humanitarian Law in Kosovo, tells Radio Free Europe that the fund is very curious to know what the Kosovo Foreign Ministry file, which has been handed over to the Prosecutor.

“Of course, they're always welcome to information or evidence and to surrender them to the State Prosecutor and I think the prosecution will have to see and analyse all of that evidence, in order to come up with any indictment or ultimately with any information concerning that document”, Blakay said.

During 2019, the Ministry of Justice had prosecuted for approval in the Kosovo Parliament to fulfil the Code of Criminal Procedures, where provisions for judgment and punishment in absentia were envisioned.

Courts in absentia were sought by Kosovo institutions for the fact that many from Serbia, who are considered responsible for war crimes during 1998-99, do not live in Kosovo, but in Serbia.

Their conduct to justice in Kosovo is considered almost impossible, as Serbia does not recognise the state of Kosovo, so there can therefore be no extradition agreement.

In terms of war crimes, the highest insistence on judging war crimes in the former Yugoslav territory (including Croatia, Bosnia and Herzegovina and later Kosovo) has been the International War Crimes Tribunal with The Hague.

As for Kosovo, dealing with the alleged war crimes cases was initially empowered by the United Nations Mission UNMIK, then the European Union Mission EULEX, while after declaring independence and transferring responsibilities, such competence is already held by Kosovo courts.

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