Order for Kosovo's transfer of course to The Hague, Special Court Gives Details

A protected special witness in a case that remained secret had been charged by a Kosovo court. The judge of the case had even established a hearing in which the same person would have to go public.

The whole situation prompted the specialised Prosecutor's response, which asked the judge of the preliminary procedure in The Hague to ask for the transfer of the subject. In an answer to the Nacional newspaper, the Special Court has announced that on September 15, 2022 The prosecution had requested a cease for the investigation.

“on January 20, 2020, a single judge accepted a request from the Specialised Prosecutor's Office (ZPS) that procedures before a Kosovo court were transferred to The Hague Specialised Chambers. However, on September 15, 2022, the prosecution announced the only judge on her decision to drop this procedure and not hand over the indictment to confirm”, it is said.

The specialist has said the procedures remain confidential.

Before the indictment is confirmed and made public by a preliminary procedure judge, procedures before the Specialised Chambers are confidential. Now that the procedures have been closed, judicial processes have been made public. However, the only judge can edit specific information because of the person's privacy in question or to protect victims or witnesses or their families”, it is said.

But does the Special have the right to take courses from Kosovo? The specialist has said that this is allowed based on some policy articles for procedure and testing.

“Nnet 10H1) and 54C) of the Law on Specialised Chambers and Specialised Prosecutor's Office predict that Specialised Chambers will take priority over all other courts in Kosovo in connection with cases within its jurisdiction. In accordance with articles 10ė2) and 54é3), (9) of the Law and Rule 203H3)-BAR4 of the Procedure and Testing Law, the order to postpone may include a request for any case to be transmitted to the Special Court or Prosecutor in case. Any court or prosecutor who receives such an order must enforce it without delay”, the Special response to Nacional concludes.

But what happened?

Under this document was a protected witness to The Hague Specialised Prosecutor, who was charged in another procedure in Kosovo.

In all of this fog that was created as a result of keeping many documents secret from the Special, it's turning out that the whole subject is already closed. The Hague Specialised Prosecutor has not decided to hand over any other indictment for confirmation.

National brings the whole translation of this subject as the Prosecution has put forward in the application for closure:

REDAKUED is a protected witness in the Special Prosecution. His Foretold Witness REDACHED has to do, among other things, with crimes at REDAKUT and REDAKUED.

In [ REDAKUED], the witness was under protective measures, including failing to reveal his identity to the public. Similarly, before the Specialised Chamber (‘DHP’), the witnesses were given protective measures [of the] REDAKUED], including his failure to reveal and identity to the public.

Me REDAKUED], EULEX chief prosecutor demanded that Kosovo Special Prosecutor take over delaying the procedure against REDAKTU AR, REDAKUED and REDAKTED.

It was in the context of extended procedure. There is no indication in the file of the Procedure Issue that further investigative steps have been taken. There is also no evidence of any suspension or court extension. Without a suspension or extension, the investigation would have to have been completed in two years, in accordance with Article 159%1 of the Kosovo Criminal Procedure Code.

The specialised programme interviewed REDAKTU AR, REDAKTU AR, REDAKUED and REDAKTED.

Me [ REDAKUED 2021, the preliminary procedure judge ordered the required postponement. He considered, among other things, that the delay was appropriate to ensure that the evidence [of the] REDECT] will be saved in order to appear [in the future] REDECT]. The only 37 judges confirmed that any further step in the delayed procedure was submitted to Article 35 and the application framework of the Special Court.

Overwhelmed, initial session scheduled before [ REDACTED] was postponed indefinitely.

He transferred the subject file for the procedure postponed by The Hague's Specialised Prosecutor.

On July 29, 2022, the judge refused a request [ REDAKUED] for the expulsion of the Specialised Prosecutor and Procurroia staff and the appointment of an amicus curiae to prosecute [the] REDECT].

In view of its mandate and obligations under Law 42 and Rules 43 and after careful review of all relevant circumstances and information, the specialised prosecutor has decided to terminate the put off procedure and not hand over the indictment for confirmation.