Haradinaj's lawyers reveal some confidential statements of Special Court chairman, demanding her exemption

Toby Cadman and Carl Buckley, lawyer for the deputy leader of the KLA War Veterans Organisation, Nasim Haradinaj believe that Special Court Chairman Ekaterina Trendafilova and her deputy, Judge Cherles Smith, are taking sides with the Specialised Prosecutor's Office and that they are undermining this court's independence and impartiality. So, they've asked for both of them to be expelled.

In a submitted letter bearing the specific request for exemption as a large-line title, Haradinaj's attorneys noted that Special Speaker Ekaterina Trendafilova, with several statements undermining the independent and impartial judiciary.

The “Declarations of Mayor Trendafilova in a confidential diplomatic announcement undermine its independent and impartial judiciary, decision-making and representation of the Specialised Chambers of Kosovo, and seriously undermine justice management in front of Specialised Chambers or the functioning of properly specialised Chambers, and that of Mayor Trenafilova<1>, it is said in the parliament.

OVL deputy president's lawyers write away that the rights and interests of Nasim Haradinaj and Hysni Gucatit are significantly affected by the presence of the head of the Special Court, in its quality as representatives and in its quality as judges. They believe there is danger that Special Speaker Ekaterina Trendafilova abuses her authority by promoting and favouring the prosecution's cause.

On the other hand, the exception of Special Court Vice President Charles Smith has been requested. To support the request, Haradinaj's defence has, among other things, used statements by former EULEX judges' college leader, Malcolm Simmons.

“Based on the preliminary behaviour of Deputy Chairman Smith in a senior judicial office at the European Union's Mission for Rule of Law in Kosovo (“EULEX”), he is suspected of demonstrating abuse of judicial authority and exercising political pressure that undermines his judicial decision making and seriously jeopardises it by damaging the proper administration of justice before the Specialised Chambers or the proper internal functioning of the Specialised Chambers”, the request reported.

The subx0> The protection is supported by others in a statement by Judge Malcolm Simmons' witness, who has been attached to this request. Moreover, on July 12th 2021, Judge Simmons presented his testimony in the Kosovo Parliamentary and Legislative Affairs Commission”, the defence letter said.

What did Special Court Speaker nasim Haradinaj say?

The OVL deputy chairman's defence, says Ekaterina Trendafilova complained to the accused's lawyers and has accused them of delaying pretrial procedures. Also reportedly driving the issue of refusing to accept Kosovo's flag at the Special Court, Trendafilova has described it as provoking the judges of the preliminary procedure.

“The mayor complained that [ REDAKT] The number of lawyers is complicating the work of Specialised Chambers, implying that defence is somehow responsible for delays in the procedure. Regarding a question why specialised rooms do not display the Kosovo flag. [ Footnote] REDOCTED], or coat of arms, the Mayor called this a test and provocation of the judge of the preliminary procedure [ REDAKUED ]”, said in the defence letter.

On the other hand, it is said that the Special Speaker had said that she had launched an orchestrated slander campaign against the Special Chambers.

The Special Speaker is said to have participated in this confidential panel by reporting together with the Special Prosecutor,

It is noted that statements made by the Special Prosecutor were made in the presence of the Speaker. No attempt was made by the Speaker to distance himself from the advanced position, nor was an attempt made by her to offer any opposing views. Furthermore, simply the presence of the speaker on the panel with the Special Prosecutor, where the ongoing cases were discussed, creates an impossible situation for the Mayor to make any administrative or judicial decision impartially. Thus, the chairwoman, through her acts and concessions, approved the position of the Special Prosecutor, and as a result has radically undermined her impartiality and independence”, says Nasim Haradinaj's attorneys' letter, the Express.

Trendafilova's statements are considered unfounded, unfair and unrealistic by Nazim Haradinaj's lawyers. They write that this should not be tolerated.

In conclusion, two Cadman and Buckley lawyers have demanded that Special Court Speaker Ekaterina Trendafilova be disfellowshipped for her role, since they think it is in the interest of justice.

“For the reasons set above, it is respectfully presented as being in the interests of justice that: A head is to be expelled or disqualified to fulfill any judicial role, administrative role, or case management in question, including ʹ but not only limited to the appointment of judges to panels or making decisions concerning the exception”, the lawyer's request states. /gazetaexpress/