The trial against former leaders, IKD researcher: defense to the advantage -- that's where the prosecution was wrong.

Researchers from the Kosovo Institute for Justice Ramiz Durmish in an interview given for Periscope have commented on the flow of this judicial process.

According to Durmish, given that the Specialised Prosecutor's Office has not provided sufficient protection evidence is to the advantage and has in a way overcoming the prosecution's claims.

Durmish stressed that the SPS has made several long-term mistakes in the process, thus violating the rights of the accused.

The next session of former KLA leaders is expected to be held tomorrow.

INT PLOSE ERVIS: 

Periscope: How have you seen these three days of the trial of former Kosovo Liberation Army leaders, given the fact that the protection of one of the indictees, such as Kadri Veseli, has stressed that the Specialised Prosecutor's Office has no evidence of any crimes brought against it?

Durmish: Given the delays that were made and given all the evidence the prosecution presented during the opening speech he delivered last week, all the material evidence that was found in the homes of the accusers, even several communities of the KLA General Staff were presented. I think the defense lawyers on the second day with their opening words they had, in a way they offered the evidence, that we're saying, to defeat all the prosecution claims.

But it remains to be seen far after the hearing of witnesses and presentation of evidence, at court hearings on how the trial will turn out. As far as development is concerned, I think a lot of things have gone in that way that, in public, there has been a lot of difficulties, having an impression of what will be presented and what will be in our judgment. Since the prosecution has not offered much access to the investigation and the procrastination of the subject, three years after the prosecution's establishment, which has been given those first investigative developments. Then almost six years later we have the opening of the first charges. It means this procrastination of the process only indicates that investigations have had difficulty providing evidence, which somehow confirms the defence claims.

Periscope: Tomorrow is the fourth day of trial against former KLA leaders, how do you expect this trial to end? Will it be in favor of the accused?

Durmish: It's early to talk now, because we've just heard the opening statements of the parties, but we can say at this beginning or in these opening statements, defense is at an advantage. But it remains to be seen in witness statements, it remains to be seen how many open sessions we will have, because throughout the time if we refer to the judgments that were conducted earlier, against Peter Shala, Salih Mustaf and others we have had little access to witness statements. We've had closed public hearings so this limits our chances, to create an impression about what the outcome of this process will be. However, the process is expected to be long undoubtedly, the prosecution has demanded six and a half years only for witness hearing, 700 hours of court work that has asked for them, then 454 hours for the trial ruling. So there's a lot to the end of the process and it's too early to give a thought. But we remain in the hope that he will favor those accused.

Periscope: Is injustice being done to former KLA leaders, as they are being held long in detention until the charges are proven against them?

Durmish: The Kosovo Institute for Justice, in the report we've made for Specialised Chambers in the Specialised Prosecutor's Office, has only raised the issue, that the strain of the process violates the rights of the accused. I think the DA made several mistakes in this regard. He committed violations as he was in case, when he came up with a statement on public opinion, that charges were filed against former President Thaci and Kadri Veselini before the indictment was confirmed. Then extending the process given that there has been enough time to conduct investigations before the accused are arrested. They haven't done that in years. As they continue their investigations and have taken investigative action after they have arrested and detained them. I think this is a violation of their rights, because everyone has a right to have a trial at an acceptable time, at a certain time, at a faster time. Since the detention measure is known to be one of the strictest, strictest measures for securing the defendants in criminal procedure. In this regard, I think the prosecution violated the rights of the accused.

Periscope: How exactly did you comment on the defence statements, the former prime minister's lawyer, Kadri Veselin, Ben Emmerson, who has made a connection with Haradinaj's case in The Hague?

Durmish: I think the defense has been very well using the judgments of former officials, who were made at The Hague Tribunal, as those judgments have not confirmed what the Special Prosecution claims today. I think even in those judgments, General Staff. The NLA has not had a literal command, or controlled operational zones. So I think that in this direction the defence has done a very good job posing them, acts that have been committed both against Ramush Haradinaj, but also against Fatmir Limaj. We had a case of the lawyer of former President Thaci, who said that in the trial against Limaj, the International War Crimes Tribunal in The Hague, it has come to the conclusion that the General Staff of the Kosovo Liberation Army has failed to bring operational zones into command, even after an attempt made in 1998.

Interviewed: Albina Zariqi