Thaci's and others' judgment could begin next year

Five years after it was established, the Special Court launched the first arrests in Kosovo. Salih Mustafa, former chief of intelligence in the Kosovo Security Force, known during the war as Commander Cali, was the first arrested by special investigators last September 24th.

A day later, special investigators, along with EULEX Police, launched raids at the KLA War Veterans Organisation headquarters.

Following a drama that appeared in large numbers of EULEX police, veterans in front of the organisation's office, and very little information about what's going on inside, the head of this organisation, Hysni Gucati, came out. Several hours later, his subordinate, Nasim Haradinaj, was also arrested.

Following the organisation's leaders' arrest, Faton Klinkak began exercising the post of OVL-KLA chairman.

“Mby 200 people invited, whether witnesses or accused, there was also a call of persons who were earlier witnesses by provoking or blackmailing them of having received some files, all of this was done to burden the charge against Mr. Gucati and Mr. Nasim Haradinaj. For scandals that have happened to those at The Hague, it should not answer the leaders of the veterans' organisation because it is not illegal if you inform the public of some things they have done in co-operation with the Serbian war crimes prosecutor”, Klinaku says.

The arrests took place several days after an unknown veterans' organisation' offices brought some files that turned out to be stemming from the Special Court. For the same, the organisation's leaders publicly showed through media conferences. Thus, they were sent to The Hague for criminal acts against justice administration.

Two months later, the charges were confirmed.

The prosecutors in Special Court cases have made a strategy that was imposed on them by a series of actions, activities that were undertaken either in relation to the accused and mostly from O VL-UCK. It should never be forgotten that files published by O VL-UCK has somewhat reduced integrity, reduced credibility, but also the professionalism of prosecutors and judges at the Special Court. And the Special Court has yet to explain how these information came out that, under the law, the Special Court's mandate would have to be guaranteed in terms of secret”, says Ehat Miftaraj of the Kosovo Institute for Justice.

The raids did not stop, special investigators early one morning had entered the home of former KLA spokeswoman Jakup Krasniqi.

After being raided of property, on November 4th, the former head of the Kosovo Assembly, to whom an indictment had been filed, was arrested and sent to custody in The Hague.

A day later, even the indictment brought against Hashim Thaci, who resigned that day from the post of Kosovo president, former Parliament Speaker Kadri Veselin, and the leader of the Vetvendosje Movement deputies, Rexhep Selimi.

All, under EULEX police escort, were sent to Pristina Airport from where they were taken to custody in The Hague.

According to the director of the Kosovo Institute for Justice, Ehat Miftaraj, this year there may be other arrests.

There will be new confirmed charges, there will surely be new arrests, in this direction I am convinced that 2021 will pass more through statute conferences and court hearings that mean the beginning of the court process cannot be before 2022, before mid-2022”, he says.

With a joint file of the indictment, but divided into hearings, Thaci and others, who are being charged with alleged war crimes, were acquitted before the pre-trial judge.

Conferences on the progress of the case against them continued in common, where the Specialised Prosecutor's Office has not yet issued a date for the outcome of the investigation, while demanding that they not be interrupted by adding that the pretrial file would be handed over in July on the condition that the trial begin in September 2021.

Unacceptable for lawyers has been the prosecutor's proposal that the court process begin this year, declaring it takes at least 18 months to conduct their investigations.

The neuro-prosecutors, which have been strange to us, are seeking to initiate court processes within three or six months from the moment that some way have already begun the statuteic hearings in court, which for us as IKD any defendant in any procedure should ensure a fair, independent and impartial judgment that eventually wins public confidence. In this case, with the fact that prosecutors are insisting that the judgments start so quickly and not be given to defence lawyers enough time to prepare protection, we see a certain way on the part of the prosecution as a very selective approach”, says Ehat Miftaraj from the Kosovo Institute for Justice.

Even according to attorney Palushi, the defense should have more time to conduct investigations.

“It takes how long the prosecution has had to investigate the case and investigate the indictment, approximately the same time the defense is available to prepare its defence and conduct fact investigations and evidence that goes in favour of indictees”, he says.

Conferences on the progress of the issue towards Thaci and others will continue on January 8th, where prescriptions from the defence over the plea for provisional release of the accused will be expected until the start of the trial process.

I don't think the court will consider releasing them, why to pronounce any softer security measures. As I said, the court's main arguments to pronounce detention, the fact of the possibility of influence on witnesses, the prevention of procedure, the political power, but also the power these people have, because they are the main figures not only of war but also of Kosovo politics, so I don't believe the same can be released. If we can talk about any eventual release, this could come about after the second half of 2021 when it might come to terms with some change of circumstances whether the field or the investigation or the preparation of the parties for the trial”, he says.

Kosovo Liberation Army veterans continue to oppose Specialised Chambers, saying Serb crimes that have occurred in Kosovo must be tried.

They have asked Kosovo Assembly deputies to change the Special Law, but this has not been achieved.

Kosovo Assembly MPs, in August 2015, after a marathon session, voted the constitutional changes through which the Special Court was established.