War criminals won't have peace: More charges of trial in absentia are expected soon

So has stated in an interview for Kosovo Press the leader of the Kosovo Department for War Crimes under Kosovo Special Prosecutor Drita Hajdari, who indicated that these allegations have managed to provide relevant evidence.

Prosecutor Hajdari stressed that she currently has three counts in store for sexual violence during the war.

There will be other charges because we have cases in which legal conditions were created and fulfilled for setting up the indictment in absentia. I can't exactly measure the number, but there are several cases I personally have in preparation three cases of sexual violence during the war where the victim has been able to identify the chief and in which relevant evidence has been collected for the establishment of the indictment. There's going to be other cases besides sexual violence during the war, me and my colleagues have such cases that are almost ready to file charges in absence of”, she said.

According to her, judgment in absentia represents fulfillment of justice for war crimes victims, as the committed crime is achieved.

“This judgment in absentia is an option that has taken into account and respected in the first place the need for the satisphation of war crimes victims, as well as due to the passing of time from committing these crimes the need for a justice perhaps not complete fulfillment since the defendant will not be present, but somehow represents a fulfillment of justice because crime is also documented through trial in absentia. So through the evidence gathered, the prosecution will attempt to convince the court that the crime occurred”, Hajdari stressed.

Hajdari also stated that judgment in absentia has offered access to judgment even when the physical presence of those allegedly committed the crime is not secured.

The establishment of charges in absentia is a innovation that has enabled us the new Code of Criminal Procedure and comes into consideration after all efforts have been exhausted to find the defendant. So far we have set up charges in which we have secured the defendant's physical presence, and from now on we can raise charges as we collect all evidence related to the crime without questioning the defendant, then we propose to the court to keep the trial in absentia, but it always remains the option that if the defendant is already arrested against whom the international letter has been issued to be tried in his presence<1>, she said.

Hajdari said that with judgment in absentia, greater opportunities have been created for the establishment of charges for perpetrators during the war.

According to her, this has also been the reason why the Special Prosecution has filed a few charges, as cases have only been prosecuted when the physical security of the chief of crime has been achieved.

So far we've processed only those cases where we've managed to secure the head's physical presence, so we've had a small number of charges because we haven't been able to act differently. But now it's a different situation and we're really trying to make the best possible”, prosecutor Hajdari said.

The head of the war crimes department under the Kosovo Special Prosecutor has raised the need for increasing the number of prosecutors in this department.

According to her, the number of four prosecutors is not sufficient for processing all available materials.

We don't have enough capacity, but I hope in the future the number of prosecutors will increase... Four are, I cannot prognosis how many even though we really have huge numbers of materials inherited from EULEX, as well as reported after taking competencies from the local prosecution, where war crimes victims felt cheaper to report the crime to local prosecutors”, Hajdari said.

At the beginning of this month, Kosovo Special Prosecutors filed two counts in absentia against indictees C.A. and D.R. War crimes suspects in Kosovo during 1999.

In the last war in Kosovo, over 13 thousand civilians have been killed and massacred, sexually raped 20,000 women and men, while more than 1600 people are still missing by force. /kp