Rama's indictment against Haradinaj: Talking to Experts

Awareers of the political circumstances in the country are considering that Albanian prime ministers -- in Kosovo and Albania -- would have to co-operate in a lawsuit against Serbia, which denies crimes committed in Kosovo, and not to deal with lawsuits against each other on topics that in the middle have Serbia.

Through a 30-page indictment, Albania's prime minister demands compensation for the damage for what Rama claims -- the slander Haradinaj has made about the topic of exchange of territories.

Several shows in the indictment have been cited in which Kosovo's prime minister has participated -- in Kosovo and Albania -- and has discussed the issue of border correction, where Rama has accused that together with Kosovo President Hashim Thaci, and that of Serbia, Aleksandar Vuciq, have launched the idea of exchanging territories between Kosovo and Serbia.

The indictment reportedly defamatory statements have had in context preparations for the process of dialogue between the Republic of Kosovo and the Republic of Serbia, which, in principle, reportedly in the indictment, would have to result in a mutually binding agreement on both sides and mutual recognition between these two states.

The executive director of the Kosovo Institute for Justice, Ehat Miftaraj, says of Kosova Preress, that the indictment is very volumeful.

“have a first-time case when a prime minister of another state accuses or accuses a prime minister of another state in this case of Kosovo's Albania, and when it is added to the fact that Prime Minister Haradinaj, in this case prime minister of the Republic of Kosovo, on the basis of the Constitution is the key person who leads with foreign policy, then we can say we have a conflict between two personalities, on one side Edi Rama, who considers his personal integrity on the other side of Prime Minister Haradinaj, who has considered that he has considered with Ramha's statements has been defeated the territorial integrity of the Republic of Kosovo. In this direction, Prime Minister Haradinaj is undoubtedly bound by the Constitution that in any case, when he thinks it is violating Kosovo's territorial integrity to take action and that political statements considered to have been made to Prime Minister Edi Rama”, Miftaraj says.

Meanwhile, the law in Kosovo allows the preamble of the indictment against slander or insult in any case when a Kosovo citizen, or foreigner, considers that with statements to his personality, he has felt offended.

Arton Demhay, executive director of the organisation “Arise”, the recognition of political circumstances in the country, sees something personal in this whole matter.

According to him, Edi Rama has not enjoyed good image in Kosovo until he made the statement in Belgrade, where he sought recognition of Kosovo's independence.

However, Demhaja considers that following the controversy Rama and Haradinaj had over the issue of correcting borders that spread as the theme in the summer of 2018, Rama's image has begun to deteriorate.

Mr. Rama's “Page against Mr. Haradinaj more I see as the tendency that Mr. Rama has to hold that slightly better image, or to correct the image, than it is an indictment that ultimately Mr. Rama claims he can win such a case”, he says.

Rama's indictment has arrived yesterday at the Constitutional Court in Pristina, and has cased the day of commemoration of the Recak massacre, which Serbia's president had denied earlier weeks.

Demhasaj says it would take Albanian prime ministers -- in Kosovo and Albania -- to deal with drafting the indictment against Serbia, which has committed genocide in Kosovo and denies it, rather than file indictments against each other.

“instead of Albania's prime minister and Kosovo prime minister, the two countries are simply dealing with the indictments Serbia has committed in Kosovo, and both to win the Albanian battle in this case, Albania and Kosovo -- face Serbia -- these are taken among themselves -- indeed, it is a kind of tragedy”, Demhasaj says.

On the basis of the Kosovo slander and insult law, the burden of evidence to testify exists in the plaintiff, where Edi Rama is in that case obliged to send evidence to court that Haradinaj has slandered or not towards Rama.

Lawyer Arian Koci explains that.

“According to Article 6 of civil law against slander and insult, when the object of demand-suit is a matter of public interest, the prosecution's burden is upon the test. Paradoxically, Mr. Rama now has the burden of proving that he is not a traitor. According to the European Court of Human Rights' jurisdiction, a politician's statements in relation to the other politician are taken very little by base, and very few politicians have responsibility according to this jurisdiction”, Koci says.

While according to current recognition in the country, Bekim Kabashi, Albania's prime minister has not had to behave as a mere private person, while his indictment considers it absurd.

Albania's “prime minister in this case appears to be not even good enough for what he represents, he is not a private person and should not behave like one. It is absurd that a Albanian prime minister sues Kosovo Albanian prime minister for statements dealing with Kosovo- Serbia when it is known what reports these two countries have and what disputes they continue to have where Prime Minister Rama has been involved. It is unusual diplomatic practice, it is not a diplomatic act for a prime minister to sue a regional prime minister, much less a prime minister of a brother's”, he says.

The face of Rama and Haradinaj in court is not expected to happen another three years.

Based on rules adopted by the Kosovo Judiciary Council, the subject will be shared by a judge within a month, and the same will be handled in 2023 or 2024, if the subject is not taken priority.

This subject will come to work to be handled by the judge sometime in 2023-2024, if taken on grounds that this subject is not handled as priority, it will not be taken into account that in this case we have two top political figures, both different states. If this substance is treated the same as for all citizens of Kosovo, then this subject will be taken to work sometime in 2023-2024, which means we will wait another three or four years to see the two prime ministers for the first time facing court”, says Ehat Miftaraj from IKD.

In October of last year Rama had warned that he would sue Haradinaj for slander.

Haradinaj, on television shows at the time, had said he had blocked the plan to exchange territories.

Following the news yesterday that suits were exercised against him, Haradinaj has written that under the law he will prepare answers in the indictment.

“Today it has been reported in the media that Albanian Prime Minister Edi Rama has filed charges against me at the tribunal. I, under the law, will prepare answers in the indictment, in the set legal terms! Prime Minister Rama's indictment is completely unfounded and a political diversion on his part, to hide behind media dramas and flee responsibility. Our nation and Kosovo have people who stand up at all times”, wrote on Facebook Haradinaj. /