The secret statements of Special Court President, what is being undermined?

During a confidential meeting with European Union diplomats on 11 February, the Special Court head had warned them of increasing some efforts he said were being made to undermine the work of this court.

He had told diplomats of the three cases this court was dealing with: the case of Mustafa, the Thaci case (including Kadri Veselini, Rexhepi and Jakup Krasniqi and Hashim Thaci), and the Gucati/Haradinaj case.

The efforts to undermine our institutions (Our Specialised Chambers and Prosecutor's Office) have not ceased and will likely grow in various forms, as court procedures” are conducted, Trendafilova was quoted as saying there.

She had said that among these efforts there had been calls for the Constitutional Court of Kosovo to review the decision to establish the Special Court.

“Presistibly called for collecting signatures to change the Law for Specialised Chambers and the Specialised Prosecutor's Office, which, while legally not possible, can have problematic consequences if taken into account by the Government of Kosovo”, the Constitutional Court's head said.

She also worried that the law could be legislate to enable forgiveness of those sentenced by the Special Court.

“may attempt to amend the law to allow the forgiveness of those sentenced by Specialised Chambers or to displace its court or archive, or both, to Kosovo”, Trendafilova told European diplomats.

The rose also expressed concern for witnesses who would cooperate with the gcycas.

This would certainly endanger the lives and security of people who have or will be willing to cooperate with us. Such changes, of course, would have a shocking effect on witnesses, who may not want to come forward from now on, thus making it impossible for the Specialised Prosecutor to proceed with his case”, she had said.

At this meeting, which was accepted by the Special Court itself, it had asked European states to cooperate to enable witnesses to shift to another European state.

Without these agreements, it will be very difficult if not impossible in some cases to ensure that the testimony can be given freely and without any fear. Co-operation is complex and could be required to freeze assets or even transfer persons assigned from their territory to the headquarters of Specialised Chambers in The Hague”, Trendafilova had said.

Nasim Haradinaj lawyers seek exemption of Ekaternia Trendafilova

Toby Cadman and Carl Buckley, lawyer for the deputy leader of the KLA War Veterans Organisation, Nasim Haradinaj believe that Special Court head Ekaterina Trendafilova, and Deputy Judge Cherles Smith are taking sides with the Special 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 letter submitted Wednesday last week, which holds the specific request for exemption as a large letter title, Haradinaj's lawyers noted that Special Speaker Ekaterina Trendafilova, with several statements having undermined 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.

Lawyers write further that the rights and interests of Nazim Haradinaj and Hysni Gucati 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, promoting and favouring the Prosecutor's version.

What did Special Court Speaker nasim Haradinaj say?

The protection of OVL deputy chairman Nasim Haradinaj says Ekaterina Trendafilova complained to the accused's lawyers and that he 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 chairman, through her acts and concessions, approved the position of the Special Prosecutor, and as a result has radically undermined her impartiality and independence”, it is said in part in the letter of attorneys to Nasim Haradinaj.

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.

The special admitted that the meeting had been held, Trendafilova sí denied statements

The confidential meeting of Ekaterina Trendafilova with European diplomats had also been confirmed by the Special Court.

Specialised Chambers spokeswoman Angela Greep had said that meeting of this kind occurs twice a year, where the chairman sums up cases addressed in the court's public documents.

Trendafilova herself had discussed this meeting. In an interview for Klan Kosovo, she had mentioned the two leaders of the KLA's OVL, Hysni Gucati and Nasim Haradinaj, as in the case where she said there has been efforts to undermine the work of this court.

“As you may have seen in the media, there have been a number of cases when there were attempts or it is alleged to undermine the work of Kosovo's Specialised Chambers after the announcement of the launch of sessions. For example, during the past year, the Specialised Prosecutor's Office filed charges against two individuals -- Mr. Hysni Gucati and Mr. Nasim Haradinaj. They allegedly carried out a number of works against the administration of justice from the distribution of information that could lead to witness identification and obstructing procedures before Kosovo's Specialised Chambers and the Special Prosecutor's Office”, Trandafilova was dismissed.