Thaci's lawyer: Kosovo's history trying to rewrite in The Hague

In an interview with Online Economy, Pierre Prosper, former Kosovo president Hashim Thaci's lawyer, has said that in The Hague, there is a tendency to rewrite Kosovo's history by a court, which is judging the people he created. He says the defence has already lost confidence in a prosecutor, who hides excusing documents for KLA leaders.

Under these circumstances, Prosper calls on the Government of Kosovo, the European Union, Civil Society and Kosovo citizens to monitor the work of this court. It requires that the people of Kosovo have ownership in this process, including since this process will determine Kosovo's future and destiny. Pierre Prosper, in the past three decades as US war crimes ambassador, has participated in the creation of many Tribunals, Hibride Courts in The Hague and the world, following an extraordinary luggage in the international justice system.

Question: Mr. Prosper, you rarely got your word at the status sessions. This time you were very tough with the Special Chambers Attorney. Why?

Pierre Prosper: I think it's important that the process is correct. And what we've seen unfold into the Chambers was really biased and incorrect towards the accused. We want to make sure the accused has all the rights respected and guaranteed. One of the issues we're worried about is that we saw a secret of important information.

Online Economy: You are a former US ambassador for war crimes and have helped establish a war crimes tribunal in various countries. How do they compare to the Special Court?

Question: So far this court is not meeting the standards, according to us. If you look at international courts, this should have the highest standards, the highest integrity. But, so far, the Special Chambers are failing to meet these, and the way the prosecution is operating, hiding information and keeping everything confidential, is difficult, not only for someone accused, but it's hard to find the truth about what happened in 1998-1999.

Question: Based on what you say, are KLA leaders facing a fair trial?

Pierre Prosper: What we're feeling so far is that the process is not correct. When he hides important information, information that indicates that he is not guilty, that is problematic. And that's what we're complaining about. The Specialised Chambers and Prosecutors really need to respect rule of law, develop facts, and lead us to the truth and the desired result.

Question: So you no longer have faith in this DA?

Pierre Prosper: It's currently in question and we're very reserved for the process and for what's going on. We're very worried about how this process is going on, and it's very important that there's surveillance, whether by the European Union, which started this, or by the juro or by someone else. So there must be surveillance in this process.

Question: Temporary release has always been rejected for President Thaci, even though you as his defence have offered strict conditions in Kosovo and in third countries. Is there any condition the court would meet to free him from custody?

Pierre Prosper: We do not know what conditions would be sufficient for the court. And that's one of the reasons we're asking the court to make a hearing, where we could have the Kosovo Police or someone else explaining to the court what they could do to ensure that the integrity of the court procedures would not be harmed by a provisional release. We hope that the court is already looking into this and we will have a hearing for this that allows us to move forward.

Question: You stressed that if there was such a process in the courts within Kosovo there would be a very severe reaction of the international Community, institutions, civil society and the media. Do you think a comprehensive response is needed to what is happening in The Hague?

Pierre Prosper: Absolutely! The people of Kosovo, civil society, government must handle this case more carefully. It's more than a case against individuals. For it is a judgment against a land, a judgment against his people. Because what is happening here is a tendency to write a story, which, in our view, is not correct. Also, there is a judgment by these Chambers and participants of these chambers about the capacities and quality of the people of Kosovo. I think that the people of Kosovo should have ownership of this process. The people must be involved, they must have their word, because this will determine the future and the fate of the country.

Question: The KLA had the same objective with NATO to free Kosovo from Serb oppression. Since the Special Court accuses the KLA as a criminal enterprise, do you think NATO's intervention in Kosovo could be tarnished by this too?

Pierre Prosper: The prosecution's theory that the KLA is a criminal organisation is very problematic. It's problematic by the reality of what happened. It's also problematic because when you talk about it, then, beyond this theory, you're saying that NATO and the international community are listed, knowingly, with a criminal organization. And this is one of the problems we have with this case. We believe that this theory is exaggerated, incorrect, and intended to restore and correct history.

Question: In view of the prosecution's aggression and its politicisation, do you believe KLA leaders will be acquitted of this process?

Pierre Prosper: That's the point! The purpose is to reveal the truth. And we firmly believe in our position as protection. We strongly believe that the facts will show that they are not responsible for the crimes they are charged with. It is also important for the people of Kosovo to know that, as I said, this case is for Kosovo, it is a case for society, it is a case for its future and history. So the people must be more involved and take care of it. The current government has to take care of this. Because the more eyes are given to these procedures, the more likely we have a correct and transparent process. If people don't care about it, if people think it's a matter that belongs to The Hague, then what can happen is there won't be results in the interest of the country. The only way for rule of law to work is when each one engages and is active. For we must know that the rule of the law is something about the people, of the people, of the people. It is not an institution that tells the people or a society how to think or view the world.