War crimes: Prosecutor Hajdari says they are planning to set up several new charges

But these two acts will not be the only ones. Prosecutor Drita Hajdari has indicated that they are also planning to establish several other charges, as legal conditions have been met.

Two charges have so far been filed in absence. Their proceedings from now on depend on the court. The establishment of several other acts in absentia is planned, since the constitutional conditions” have been met, Hajdari said.

Amer Alija from the Fund for Humanitarian Law, however, has indicated that he does not prefer judgments in absentia. But once the charges have been filed, then he must respect all the rights of the parties in the procedure.

“FDHK is not in favour of judgments in absentia, but since legal changes have already been made to me and the establishment of the first acts in absentia, the court will see to it that the rights of the parties in the procedure are respected, as the European Court for Human Rights's standards have been requested, Alija has said.

Kosovo's Special Prosecutor has filed two charges in absence against indictees C.A. and D.R. War crimes suspects in Kosovo.

This is already possible with legal changes in Kosovo, and misjudgements are allowed after certain specific requirements are implemented and suspects cannot be found.

For the first indictment in absentia, the prosecution has estimated that evidence that the accused D.R. as a member of military reserve forces had sexually violated a woman of Albanian nationality.

“Special Procurory reports that against accused D.R. has provided evidence that, as a member of Serbia's military reserve forces, at the time of the war in Kosovo, contrary to the rules of international humanitarian law, during a broad and systematic attack by the Serbian military, police and paramilitary forces, against the Albanian civilian population in the entire territory of Kosovo, given the existence of such an attack, with the use of violence and other inhuman acts, has committed sexual violations against the woman of Albanian Nationality, which suffered physical injuries in the body and permanent psychological trauma, said the report.

The second indictment in absentia also involved the criminal act of rape.

The special prosecutor reports that the defendant as a member of Serbia's reserve police forces, in co-ordination with other people, contrary to international humanitarian law rules, with the use of physical violence and other inhumane acts, has committed sexual violations against the male of Albanian nationalism. Also, we inform you that this is the second indictment in the absence of violations during the war in Kosovo, established after all prosecution efforts have been exhausted to ensure the physical presence of defendants in the procedure, so, the Special Prosecutor has proposed that the same trial be held against the same in absence of”, the statement said.

The rules of judgment in absentia will apply to all of those criminal acts and not only to war crimes cases, provided the accused are present at the first session and in the trial. While war crimes cases will not be valid, the trial of war crimes indictees will occur even if they are not at all in the initial examination of that judiciary.

At Article 303 of the Criminal Procedure Project is presumption in absence with the fulfillment of certain conditions that must be met and then procedures carried out in the absence of the accused.

According to paragraph 2.1, the lack of judgment can be carried out when the accused was in the initial examination and the same was announced for the court's trial date, but the same did not participate in the investigation. Also, according to the same point, the accused must have been announced that he is obliged to participate in the judicial review.

Also in paragraph 4 of the same article, it is said that to decide whether to hold trial in the absence of the accused, the only judge or court judge holds hearings to determine why the accused is absent and to assess any clarification or evidence if the accused has voluntarily decided to miss judgment.