“Parading is no longer justified” Emmerson presents conditions, guarantees, and arguments for Wessel's release

Kadri Wessel's lawyer, Ben Emmerson, has said his client should be released from custody, since such a move currently in force is no longer justified. In its parachutes containing other confidential annexes, Emmerson said that protection has presented adequate conditions that ensure that house arrest measures would pose no danger to the success of the trial.

“The defence provides that detention is no longer justified and that its pre-emptive goal can be achieved equally by ordering supervised house arrest in Kosovo, depending on the strict and serious list of conditions presented below; the C-Cʹ attachment corresponds with the Kosovo Police Service Director. These conditions are designed specifically to address the only unresolved danger found by the Pre-emptive Procedure Judge and the Appeals Chamber to justify his continuing ban on ʹ that is, the risk of communicating with the provisionist with his political supporters in an effort to intervene in the direction of justice. Specificly referring to the list of proposed conditions, the director of the Kosovo Police Force has confirmed in writing that these conditions could and would be effectively implemented if ordered by the DSK as conditions of provisional release under house arrest”, Emmerson has indicated in his statement.

Emmerson has addressed the only finding on which the Appeals panel was based a few months ago when he refused the release to Veselin, who has to deal with claims and suspicions of judges on Kosovo Police monitoring skills, despite the latter's director had brought guarantor paper to the former head of the Parliament.

“The attached exchange of correspondence with the Kosovo Police Director (Addition C) confirms that these conditions can be implemented if ordered by the DSK. It has confirmed that this is enough to address a remaining risk identified in Mr. Wessel as an excuse for continuing his detention. The defence respectfully predicts that if the Pre-Procedure Judge requires processing this information by the Kosovo Police Service, the proper course is to address a specific list of questions to the director. However, in this case, unlike the latter one, the director has confirmed the KPS's ability to implement the conditions specifically directed at the risk identified by the pre-procedure judge”, it is said further in Emmerson's request.

Lawyer Emmerson has also cited Wessel's good behaviour as evidence during the time he visited his father in Kosovo under strict security conditions.

Also taken to base the allegations expressed by the SPS, Emmerson also cited the fact that Wessel prior to the detention had reached agreement with The Hague Prosecutor on his voluntary surrender.

On this basis of argument, lawyer Emmerson has sought Wessel's release under the proposed conditions as follows:

For Vessel to be placed under house arrest at his residence address, and for a member of the police to oversee those entering or leaving that address at any time (both personally or in a distance with the use of a CCTV camera);

That Wessel be forbidden to leave his residence address at any time, except in case of medical emergency or any other emergency, in this case he will remain in the physical preservation of a police officer at all times, until his return;

That no phone, telecommunication devices or devices enabled by the internet be allowed within the residence address at any time;

That Mr. Wessel be checked before his arrival for any hidden phones, telecommunication devices, or devices enabled by the internet. The property will be checked again after his entry, and after that on a random basis;

That the only people allowed to enter the residence address except Mr. Veselin (wife and Police officers) and the people whose names appear on a pre-adopted list of family members and other persons who have the right to visit him in his residence.

That the visits of the above-mentioned people to Wessel's residential address are co-ordinated in advance by the KPS announcement;

That every person who comes into the house must hand over phones, telecommunication devices or devices enabled by the internet before entering the property;

So that each person (including family members) who enter the property will comply with the following monitoring of their phones, telecommunication devices or devices enabled by the internet for the duration of Mr. Wessel;

So that any person who enters or leaves the property is checked for possession of each phone, telecommunications equipment, or equipment enabled by the Internet, written message, or other document.

For KPS to conduct random checks of Mr. Wessel in order to verify if Mr. Wessel, members of his family and /or those who visit him are respecting the above-mentioned terms and conditions of release and, in particular, do not have any phone, telecommunication devices or devices enabled by the internet at the home address in question;

For KPS to immediately announce Kosovo's Specialised Chambers Record if Mr. Wessel, or any of his family members or those visiting him in his residence, is found to have violated the terms and conditions mentioned above.