6 hours agoPolice director did not provide sufficient guarantees for the freedom protection of KLA leaders in The Hague, Judge may question
Periskopi(5 years ago)
(5 years ago)Kosovo Police Director Samedin Mehmeti is not giving him enough guarantees for the freedom of the former KLA founders, who are currently being held in custody at The Hague for eleven months. Mehmet has not answered in detail whether the Kosovo Police, which he is running, can meet the conditions [...]
Mehmet has not answered in detail whether the Kosovo Police, which he is running, can meet specific conditions required, has capacities and is ready to monitor the accused in the event of their return to Kosovo to defend in freedom.
He has provided a general and unclear answer, which has not been enough to be considered by the Pre-emptive Procedure Judge and the Council of Appeals Judges at the Special Court.
This action by Kosovo Police Director Samedin Mehmeti has been commented on by the defense of the accused, by the Pre-emptive Procedure Judge and the Appeals Judges' panel, in reviewing the requirements for release from the detention of former KLA leaders.
The issue is discussed in the latest decision by the Appeals Judges panel regarding appeals by the accused's defence lawyers against the Pre-Procedure Court's decisions to review their detention.
Speaking of guarantees provided by Kosovo Police, the panel agrees with the Pre-Procedure Court that the response by the Police Director, given its overall character, does not constitute official / legal responses, as such as an admission to implement the proposed conditions.
“Paneli finds that if the Procedure Judge considers the response by Kosovo Police not satisfactory enough, then he should have asked the Police Director to get the detailed answer he considered missing”, the panel ruling said.
It further points out that the Pre-Precience Procedure Judge would have to do so, especially since the Police Director had been warmly invited by the defence to do so and that the Police Director's response implies the Kosovo Police's ability to implement the conditions.
“Paneli also notes that the Pre-Precious Procedure Judge has given no reason not to order the Police Director to give a detailed answer, despite acknowledging the need for”.
The panel states that the Pre-emptive Procedure Judge erred by not doing so, as this information would have put him in a position to assess whether Kosovo Police can effectively implement the measures.
Therefore, the panel has decided to put the issue behind the Procedure Court in order to assess whether Kosovo Police can effectively implement the proposed measures.
