Two years since the arrest of former KLA leaders, stalled procedure

The lawyer accredited at the Special Court, Artan Qerkeyni, estimates the process in the preliminary procedure has dragged too far.

He adds that the process has been followed by numerous irregularities, where the prosecution has not maintained deadlines for submitting evidence.

“The detention time is in conflict with international standards, respectively, with standards recognised by the European Court for Human Rights because simply allegedly there is a danger of running away for defendants, I am referring to Mr. Thaci, Selimi, Krasniqi and Wessel, it is known that they have voluntarily surrendered to the Special Court, it is really a position that is in conflict with the rules of logical thinking, and the court's conspiring that there is a risk of influence on evidence is unstable because all witnesses are questioned, then the court is founded outside Kosovo's territory with the sole intention of preventing evidence and that these are not being taken into automatic custody, and that is, according to international standards, it says.

The prosecution says the delay in handing in evidence from the prosecution to the defence affects the latter to have delays in its investigations and preparing the case.

While, Medina Kadriu from the Kosovo Institute for Justice, which monitors the processes at The Hague, says lawyers have complained of numerous revisions in the indictment, which they say is preventing them from preparing the issue they defend.

“So far the preliminary phase has been followed with numerous confrontations between the prosecution and the defence, where the latter has charged numerous editings in the indictment and material evidence... Among the biggest charges made to this prosecutor on the part of the defence is that the latter did not issue the court and defence excusing evidence, despite having had it in control and possession, which if it proves true that this is true then we are dealing with a flagrant violation of the prosecution's obligations, since the same is mandatory that the defence and accused of others make all the evidence available, including those excusings that at the moment he knows, or possession<1>, says Kadriu.

Due to numerous revisions in the indictment, the defence of the former president, Hashim Thaci has indicated that she cannot present her full announcement of alibi.

Also, Rexhep Selimi's defence has said that I can currently not present any notice of alibis, but which reserve the right to do so until the editorials are removed from the indictment and evidence.

The arrest and detention of former KLA leaders, war-free associations continue to consider it unfair and as a struggle against the values of war for freedom and independence.

Association of Witness Families Chairman Xhavit Jashari says of KosovaPress, that it is disturbing that the subject has not yet been passed to the court, while the accused continue to be held in custody.

This is an unprecedented fight against the value of the people and the nation, against the Kosovo Liberation Army war, and for us it is disturbing that two years, I don't know if it happened anywhere, still not to go into the argument phase of what the leaders of the Kosovo Liberation Army are accused. In this case, institutions in the country, even those in different positions in these institutions, must be taken care of so as not to make unstable statements and to be said to be tried individually. The claims are based on an imaginary report and slander that caused Senator Dick Marty, in co-operation with Serbia, in this case with the Serbian prosecutor and all the slander he made against the Kosovo Liberation Army war, to be considered that there are leaders who established it. KLA” says Jashar.

So far, 15 conferences on the progress of the issue have been held against former KLA leaders.

The act under war crimes claim against Hashim Thaci, Kadri Veselin, Rexhep Selimi's Jakup Krasniqi, was confirmed in October 2020, which was followed by their arrest and sending to The Hague.

Former KLA leaders occurred at the detention centre in The Hague, while waiting for the trial process to begin against them. They have been declared innocent in front of judges of the preliminary procedure.

On April 29th, the Specialised Prosecutor's Office has handed over a amended indictment against them, claiming the accused committed war crimes in Gjilan, Budakov and Semetish.