Defence teams at The Hague demand that the Prosecutor reveal evidence he received from Serbia

Defence teams at The Hague demand that the Prosecutor reveal evidence he received from Serbia
The defendants' defence teams in The Hague have jointly demanded that the Specialised Prosecutor's Office (UÇK) be ordered to reveal the materials it possesses from Serbia and that it aims to use in the judicial process against Kosovo Liberation Army leaders (UÇK), which are now being held in custody for a year and a half.

The request was submitted by Kadri Wessel's lawyer, Ben Emmerson, on behalf of all defence teams in the case of “Hashim Thaci and others”.

In line with Rule 103 and Rule 102%3), Hashim Thaci's defence teams, Kadri Veselini, Rexhep Selimi and Jakup Krasniqi have sought to reveal the origin of any material that the Specialised Prosecutor's Office has in its possession, whose origin is suspected of being the Republic of Serbia, or of any of its past and present bodies or institutions.

In a written request submitted by lawyers, which has been published on the site of Specialised Chambers, Serbia reportedly remains engaged in a continuing deinformation campaign against Kosovo and the KLA, with the aim of destabilising the state.

“in a wide range of countries related to the 1998-1999 conflict, Serbia has consistently used fraudulent means to incriminate The KLA, to undermine Kosovo's independence and avoid responsibility for its crimes. In particular, it has conducted false operations, manipulated crime scenes, and provided false testimony through torture and obligation, raising concerns about the credibility of information stemming from this source”, says the letter of defence teams.

Lawyers of the accused at The Hague have confirmed that Task Special Investigative Forces -- later the Special Prosecutor's Office (ZPS) -- have received an unknown but significant amount of evidence through their collaborative relations with Serbia.

The defence says it aims to contest such evidence, but adds that the discovery offered for defence so far is incomplete and the Specialised Prosecutor's Office has shown no willingness to be transparent about its relations with Serbia and to meet defence requirements.

Thaci's defence teams -- Veselini, Selimi and Krasniqi -- have further sought by the Pre-Procedure Procedure Judge to order the SPS to uncover the nature and extension of the Special Security Force's relations with Serbia, including its legal base, and especially the materials needed to understand the conditions on which information was requested and accepted, as this is likely to affect creditability and credibility.

Defence teams say they are raising this issue now, as the SPS position regarding its relations with Serbia, and the evidence stemming from Serbia risks irreversible damage to the integrity of these procedures.

On April 11, 2022, ZPS, by e-mail, refused to disclose such material, claiming defence had failed to demonstrate that SPS's relationship with Serbia more impacted the credibility or credibility of evidence received through this relationship. However, she confirmed that no evidence from Serbia was being concealed in accordance with the 107.6.” rule, said in their letter.

The defence says that, in accordance with the 103rd rule, there is a right to all material derived from the Serbian state, its organs and its institutions, along with the origin of any such material in which the SPS is supported, or will seek to be supported, directly or indirectly in this case.

The SPS's current refusal to provide that information, according to defence teams, relies on a fiction that its relationship with Serbia is similar to any other information provider.

Meanwhile, defence teams have recalled that during the 1998-1999 conflict, the Serbian state was a direct opponent of the Kosovo Liberation Army, and the accused in particular, and claims it remains an actress still today on issues related to that conflict. /Dukagini