19 minutes agoThe Hague Tribunal lawyer: Wessel's Thaci was tried in public opinion, never something like that happened
Periskopi(6 years ago)
(6 years ago)Worldly renowned lawyer Nevenka Tromp, who is also legalising in the University of Amsterdam's European studies and former surveyor of The Hague Tribunal for 12 years, has said on the „Novi dan“show for N1 television that claims against Hashim Thaci and Kadri Veselini are not yet an indictment. “What is [...]
Whatever is now created in public is a kind of idea that acts were actually filed against Thaci, Veselin and some other persons who were their closest associates during the war. That is not correct, this is only the publicisation of the prosecution for working in the indictment, which includes Thaci and Veselin“, Tromp has said.
She has said that since she deals with justice and from where she worked at The Hague Tribunal, such a precedent for publishing an unconfirmed indictment has never occurred.
The act of handing over the draft of the indictment is a matter of the reputation of that team, the whole prosecution, because if you hand over the judge's draft of the indictment and you haven't handed over arguments that are strong enough to be appointed, this is called Prima facie in the legal jar, and if this act proves unsuccessful then this is an absolute disgrace to the entire Prosecutor's Office“, Tromp said.
Asked whether the connection or policy interference exists, since the moment when it was published was when Thaci was launched and was two days before the Washington meeting, Tromp said that when it comes to trials or investigations of politically motivated crimes or political purposes, then even the legal institution can't break away from politics.
All of us who worked on such cases would have been impossible after so many years of warning these charges, if the prosecutor's office hadn't figured out their job seriously enough to hand in the indictment draft, so not the indictment, which is only if judges confirm it. It's impossible that they would do something like this without making sure they did everything possible at the moment, because this is not just about the reputation of Chief Prosecutor Jack Smith, not just about the prosecution of this Court, but this is about the whole concept of the Court, is there any right court? It's incredible, and that's why it's interesting and important to look at the normic angle of what is being done. Let politics at this moment wait as the topic, because this is a crucial moment“, she has said.
After the reporter's insistence, which says the rate part is important, but often politics is about norms. Asked in this case if it is only considered that the moment the indictment was issued when a deal was expected to be finalised in Washington, Tromp said that this question is very interesting, because it contains all elements of what she calls guilty in public opinion.
Since Thaci's name from 2008 is consistently mentioned in the context of crimes, public opinion right now with this prosecutor's communiqué, this insinuation is now proving to be true, he's guilty as if not, but that it's hard for us to testify. So the one in the public opinion court just got convicted. And that's absolutely against logic, that's against any right to the existence of judicial processes. What does a court need to prove Thaci is a war criminal? Where we are back from that civil rights and human rights agreement of 1966, where all members have taken the obligation to respect what is called presumption of innocence. So no one's guilty until it's proven by bias, and if it is acquitted of guilt, then that person is innocent. What happens in this situation with Thaci is that they all repeat that he is a war criminal and only that we need a seal to settle. We need a court to seal this. However, the indictment that the prosecution published is very interesting that it was not early to me, because imagine how long we have been waiting for the first charge. They have officially started work since September 1, 2015, or 2016, I don't know exactly, it's 2016. In 2015 they reached the deal, and the Court has been working since 2016“, Tromp said.
She has said these charges weighing on Thaci and Veselini had not even used Milosevic himself for almost four years during questioning of Kosovo witnesses and others.
For me this is a big question, how after his death, we talk about some major and terrible crime and a lot of evidence that Milosevic never used in court and he had all the rights to use. To me all this story, from the beginning of the book published by Carla Del Ponte from 2008, from Marty's case, from the rapor of Mart Williams, to the constitutionalisation of this Court, is absolutely politicised, the very existence of the Court for me is politicalisation of “, she has said, saying that this conviction strengthens even more the behaviour of this Court's Procuity, which is not able to release an act, and that immediately the prosecutor doesn't say that we don't have evidence, that we don't know what we don't know what it is, but that we don't know that't say, but that we can't work secretly and that Veselin says. My question is, exactly what they're working in secret, tell us, then we've been working on similar occasions might be able to help you if they prevent you from coming to the evidence.
The renowned lawyer Nevnka Tromp, who was part of The Hague Tribunal for about 12 years, has finally said she thinks Thaci and Wessel are symbolically placed on the first list, because the tribunal's success absolutely depends on how high the tribunal goes and which one accused is the most important and the highest positioned.
On the other hand, she has said she thinks that in this case the influence of Serbia and the state of Serbia is seen that she insists on criminalising the entire political leadership of independent Kosovo, as they have done the same for Limaj, with Haradinaj, who both have been released.
According to her, it is now the attempt that this power race, which has a past war, and Thaci has the greatest power in Kosovo, to attack by criminalising the entire generation. The KLA, which has actually brought Serbia down.
