Recognition of justice: Special Prosecutor With Hostile Access to Former KLA Chiefs

But since now the prosecution has not handed over the case to the indictment they are burdened with.

The prosecution has not yet announced the defense or who their credibility is, what evidence they have, but has not received information about even protected witnesses.

All these procedures are calling them prolonged and unnecessary, attorney Tome Gashi. According to him, lawyers are not equipped with materials they need to prepare protection.

I think the prosecution has done very little in reporting with justice because so far very little evidence that should be the backing of the indictment has been handed over to defence lawyers. For this reason, all lawyers are given insufficient paperwork has not been supplied with materials that lawyers need for preparing their defence”, Gashi told EO.

The other harmful part is that the prosecution has not yet announced the protection of who the witnesses will testify, what their credibility is, what evidence they have, then they have not yet been informed of protected witnesses”, he added.

He says all the time the prosecution has had at his disposal should be given protection, but says it could go to the detriment of the accused because they may still remain in custody.

These procedures are also prolonged, but the prosecution is doing extremely small, flawed work and their goal is a little bit too hard to decipher. If the prosecution has had enough time, there have been years to investigate, then to raise doubts, then to establish the indictment, then the court has confirmed this indictment, this necessary time should be allowed even protection, even though in some way it is harmful because all of these are in The Hague-based detention center”, the lawyer, Tom Gashi for EO, said.

He says both the Court and the Prosecutor have been relaxed and have not given him adequate protection opportunities to prepare.

“Avocacates are in the middle of both fires if they demand that the main judgment be initiated after a relatively long period of time for them to be given the opportunity to investigate then it is likely that their clients will remain in custody for sure until the trial begins, but perhaps even after it is completed. So long-extended proceedings have been processed and the prosecution has not even been forced to give all materials to the defence team”.

All this prolonged procedure is completely at the expense of the KLA members who are there and are hurting their own defence. Even the Court and the Prosecution have been ready to relax and have not given him adequate access to the defence to prepare”, Gashi concluded.

Gzim Shala, from the Kosovo Institute for Justice (IKD), is calling the prosecution's approach un serious against those who are staying in custody.

According to him, this approach is unacceptable to prolonging the process for certain aspects that the prosecution has long required to execute.

What we've seen so far is a negative aspect for the reason that the prosecutor has had a long time to develop investigations and some aspects that we see as the failure of long paperwork and other similar issues are extremely problematic for such a credit institution entrusted with such a big job. For this reason this approach is unacceptable to prolonging the process for certain aspects that the prosecution has long had to carry out, Shala told EO.

He even calls the prosecution's hostile approach in reporting indictees who should not have happened.

On the other hand from what we've seen so far, we have a hostile approach from the prosecutor in reporting the accused who shouldn't have happened. This approach can also be read as unprofessional or as an partiality in his work. In the judicial sense, what Kosovo can do is simply to empower judicial assistance for these people and in the other hand there is no competency”, he added.

He says causing such delays on essential issues is totally unacceptable, when this issue is taken into account from the volume will take a long time.

The prosecution's “has stalled the case as well because it does not give up paperwork necessarily affect procrastination. Currently we're in the very initial phase and still haven't started the case and we've had some conferences, but the trial hasn't begun yet. This judicial process will be extremely long, and for this reason that causing such delays on essential issues is totally unacceptable, when this issue is taken into account by the volume will last a lot of”, Shala declared for EO.