Special Court files or witness intimidation?

The KLA War Veterans' Organisation on Monday, through a conference, claimed there were over 4 thousand Special Court files, after they were anonymously handed over to the organisation's office.

The veterans said that in these documents are the names and addresses of witnesses and other persons who have co-operated with Special Court investigators.

But, during Tuesday, although it was not confirmed by the Special Court, court investigators have gone to the KLA's OVL office in Pristina. Representatives of this organisation have confirmed to the media in Kosovo that they have been handed over a copy of these documents.

The contents of these alleged documents are unknown and are not yet known if they are original.

Radio Free Europe has sent several questions to Specialised Chambers spokeswoman Angela Greep.

In a brief response, Greep said that “we have no comment to make”.

The spokesman for the Specialised Prosecutor's Office, Christopher Bennett, has responded, saying the specialised Prosecutor's Office is not commenting on the matter”.

“Friquency for those involved in judicial events”

Betim Musliu from the Kosovo Institute for Justice says publicising such documents puts all those who may be involved in eventual judicial processes at risk.

This is a direct form of intimidation and threat of all those who may simply be in any form subject of procedures at Special Court”, Musliu says.

Even the head of the Kosovo Humanitarian Law Fund, Bekim Blakaj, says the way these documents were presented by KLA officials suggests the main goal is to fear witnesses.

The emphasis was placed more on witnesses to let them know who they are and that they know [their] addresses. I believe it was a way to intimidate witnesses, but still to compromise and lower the image in Kosovo, specialised Chambers”, Blakaj says.

Special Court Compromise Attempt

Betim Musliu from the Kosovo Institute for Justice says an investigation should occur about how these documents have reached the KLA War Veterans Organisation.

Musliu says that if it is confirmed that they are official documents of the Special Court, then responsible persons aimed at compromising this institution should be prosecuted.

The “is unacceptable, especially because of the fact that it is happening at a time when this court is conducting procedures, there are charges filed by the prosecution and which is examining and this poses a danger and constitutes a tendency to compromise the work of Special Court”, Musliu says.

From July 13th to 16th, Thaci has been interviewed by The Hague's Specialised Prosecutor's Office.

On the other hand, Bekim Blakaj from the Fund for Humanitarian Law says the KLA Veterans' Organisation has manipulated opinion in the moment it has come out with the announcement that it has about 4 thousand files with potential witness records expected to testify in judicial processes against former KLA members.

Unfortunately, for years it is primarily being mentioned by the international community and by the Serb side that witnesses are fearing in Kosovo, being affected, being blackmailed. They even went so far they said they were getting killed. And now this yesterday's act of these veterans is somehow confirming these types of claims”, Blakaj says.

One of the main reasons the Kosovo Special Court was placed in The Hague was the fear of the threat of potential witnesses “considered to be sensitive issues and the fact that some of the suspects, in certain parts of Kosovo society, could be regarded as freedom fighters”, said the communique of the Netherlands Government, released since 2016, when it was imposed on this court.

Special Chambers, or as it is known in Kosovo, the Special Court, is the fourth consecutive court dealing with the investigation into alleged war crimes of members of the former Kosovo Liberation Army.

These crimes have been investigated and tried, the UN Court in Kosovo or UNMIK, The Hague International Tribunal, as well as the European Union's Mission Court for Ending EULEX Law.

So far, the Special Court has invited hundreds of former KLA members to interview either as witnesses or as suspects.

On 24 June, The Hague's Specialised Prosecutor's Office has announced that on 24 April it has filed an indictment of war crimes and crimes against humanity against President Thaci, Democratic Party of Kosovo Chairman Kadri Veselini, and some others whose names have not been made public. So far, no charges have been publicly confirmed or rejected. The judge has six months to confirm or reject the indictment.

The Special Court's responsibility is to investigate alleged crimes against humanity, war crimes and other criminal acts concerning claims involved in the Council of Europe Report of 2011.