Why Thaci received an interview invitation after the indictment was sent against him and how the Special Court Works

If Preservative procedure judge, French Nikola Giju, proves that allegations raised by the prosecutor have grounds, then he confirms the indictment. If he is not obedient, the charge is rejected.

Based on the Procedure and Tests Adjust before Specialised Chambers, the judge of the preliminary procedure and the specialised prosecutor can meet during the investigation and before the indictment is confirmed.

The judge may request or allow the specialised prosecutor to hand in additional material in support of any charges or all charges; to ask the specialised prosecutor to review the indictment with the intention of providing more details to any of the charges, and concrete actions of the suspect, or to enable legal accuracy, or more clarity in presenting the charges; or to ask the specialised prosecutor to reduce the number of charges or reduce the frame of charges.

As a result of this review, the judge of the preliminary procedure confirms or rejects, or in part, the accusations, in a rational decision. With any charges of the indictment confirmed, the suspect becomes accused and the trial judge of the preliminary procedure could issue a warrant or a warrant.

The accused's first appearance in court takes place within seven days after the indictment is handed over. The act is available to the public only when it is confirmed by the judge of the preliminary procedure.

Failure to confirm an indictment does not prevent the prosecutor from presenting a changed indictment.

The man against whom the indictment is confirmed, under the judicial order, is sent to arrest if not prohibited. He is immediately reported on charges against him and brought to the Special Chambers.

The act is made public after its confirmation, and under extraordinary circumstances, if the prosecutor has a valid reason before confirmation, the judge may, for security reasons, preventing the defendant's escape, issued a warrant for failing to reveal the case. The Act will be published no later than the accused's first appearance before the court.

What else is in the indictment?
In a media communiqué, the Specialised Prosecutor's Office claims that “hashim Thaci, Kadri Veselini and other suspects have been prosecuted responsible for approximately 100 illegal killings. The crimes presented in the indictment include hundreds of identified Albanian, Serbian and Roma victims of Kosovo and political opponents”.

It has been said that the indictment is the result of a lengthy investigation and that a Special Court preliminary procedure judge is analyzing the indictment to decide whether to confirm the charges.

The specialised prosecutor deems it necessary to issue this public statement on charges, due to Hashim Thaci's repeated efforts and Kadri Veselini for obstructing and sabotaging the work of Kosovo Specialised Chambers”.

In addition, in the communique it has been said that Thaci and Veselin “have secretly undertaken a campaign to abolish the law that created the Court and otherwise prevented the tribunal's work in an attempt to evade justice”.

“Through these actions, Thaci and Wessel have put their own interests on victims of their crimes, rule of law and the people of Kosovo”, it is said in the statement.

How does the Special Court work?
The Kosovo Court, composed of Specialised Chambers and the Specialised Prosecutor's Office in The Hague, has been formed with the insistence of the international community, with constitutional changes from the Kosovo Assembly.

The Special Court for War Crimes is a temporary court with limited mandate and headquarters at The Hague. This court operates independently and is financed mainly by the European Union.

The court was founded with the Kosovo Assembly ruling after the 2011 Council of Europe report, in which Swiss Senator Dick Marty speaks of alleged crimes “members of the Kosovo Liberation Army to ethnic minorities and political rivals“, from January 1998 until December 2000.

During 2019, former Kosovo Liberation Army soldiers have travelled to The Hague to interview International Special Chamber Prosecutors, either as witnesses or as suspects have been interviewed by former Prime Minister Ramush Haradinaj, Kadri Veseli, Azem Syla, Sami Lushtaku, Rusem Mustafa, Shukri Buja, and others. A number of them were protected by silence.

Kosovo President Hashim Thaci, late last year, has sent a letter to US Secretary of State Mike Pompeo expressing his conviction that The Hague tribunal is doing the opposite of what was originally envisioned.

Thaci has stressed that the goal of forming the Special Court has been to enable the existence of reliable national legal and institutional framework, which would investigate and prosecute alleged crimes committed during 1998-2000 in Kosovo.

“in this direction, is presupposed that the crimes allegedly committed by both sides of the conflict will be fully investigated and fairly”, Thaci stressed.

US Secretary of State Mike Pompeo, in his response, had assured Thaci that the Special Court's work is not specifically directed against any ethnic group, movement, force or unit and has added that the US expects all Kosovo leaders to adhere to obligations given to citizens and the international community, and to co-operate fully with the tribunal.

The president's office has highlighted for Radio Free Europe that President Thaci “still stands behind his letter until appropriately highlighted concerns are resolved”. / REL?