11 minutes agoEmmerson: Longitude of procedure, enemy of justice and the rights of indictees
Periskopi(3 years ago)
(3 years ago)Ben Emmerson, a lawyer for Kadri Wessel, has stated that the court can use its discretion because the duration of the procedure is an enemy of justice and an enemy of the rights of the accused not to be detained or subject to prosecution, which is too long. According to him, not [...]
According to him, there is no structure and focus on the prosecution's side, which is a major and visible problem, reports the “Justice Trust”.
Emmerson made this statement at the conference for preparation of the Specialised Prosecutor's Office (ZPS), in the case of Hashim Thaci, Kadri Veselin, Jakup Krasniqi and Rexhep Selimi.
Otherwise, prosecutor Allan Tiger has discussed other cases when it took time to present the prosecution's cases and to discuss various factors in question.
He also said the prosecution is trying to point out the character of this issue, systematic spread, group size, armed conflict, policies that have been used in countries that have been in the control of the accused.
On the other hand, he said that the right judgment means that the two sides present their issues and quickly move the process in such a way that it focuses on the evidence needed to prove the charges and nothing more.
This refers to selecting an unusual number of witnesses and selecting witnesses who speak of crimes handled by the indictment. This is an issue that has been effectively, constructive”, he said.
Lawyer Gregory Kehoe stated that by the prosecution they have seen that there have been statements of witnesses of 30 to 40 paragraphs and see whether the same are in accordance with the rules and that the court sees it, and the same gives the verdict under different rules.
We have thousands of pages of witnesses here”, Kehoe said, adding that they should look at all and find matters that have to do with protection.
He said they don't know what the DA thinks is important.
We don't care about anyone like Judge Smith said, we have to finish, we have all the same concern, endless duration. I think you know how difficult it is for us to take thousands of pages, throw us, look carefully and see what it is that the prosecution will submit to”, Kehoe said.
According to him, they are talking about a two-and-a-half-tier issue than the Mladic or Karadzic case.
Emmerson said that for Milosevic, who was charged with crimes in three countries, 300 hours were demanded by the prosecution, as long as double the hour for case presentations is required.
The “in Milosevic's case would take 20 years if it continued with this logic”, he said.
