Former KLA leaders ask court to preserve impartiality

They even say that the rights of the accused for impartial judgment and an independent tribuanal have been violated, reports “Battle for Justice“.

It is essential that a court not only exercise its functions impartially but also ensure the appearance of impartiality. The unlimited questions against witnesses, during these procedures, and especially during the bloc's testimony on October 21, 2024, November 7, 2024, are jeopardising the appearance of impartiality in these procedures and causing an identifying prejudice for defence”, the document says.

This letter, delivered on November 13th and has been made public on November 21st, that the defence of Hashim Thaci, Kadri Veselin, Rexhep Selimi and Jakup Krasniqi had demanded that the court board take measures to ensure impartiality and to limit prejudice against defence during judicial questions.

“Sic explains the following, judicial questions are advancing the prosecution's case or a case similar to it, taking on the role that would normally be played by the prosecution's youth and failing to explain or explore any excusive information. Protection for Hashim Thaci, Kadri Veselini, Rexhep Selimin and Jakup Krasniqi (“The shield” requires the court to take measures to ensure the appearance of impartiality and limit prejudice to defence during judicial questions”, it says.

The four accused through their defense have even said that the time used for judicial questioning exceeds the one used by three of the four defence teams during a witness block.

“The answer to judicial questions is clear from the timed periodic reports prepared by the registry. Until November 11, 2024, court questions have lasted 71 hours, 36 minutes and 34 seconds, which represents 13 days of trial time more than a comprehensive witness block regardless of the time required for additional questions after the court questions. The time used for judicial questioning exceeds that used by three of the four defence teams. In each respect, this very great time is affecting the rapid development of” procedures, says the letter.

In this letter, defense even calls it more disturbing to ask questions about how they are conducted by the court, which they say cannot be perceived as impartial.

“More disturbing than the time spent is the way these questions would be perceived by a reasonable viewer. This too can be measured by periodic reports of time. By November 11th, 2024, the defence has asked 31 hours and 23 minutes for additional questions after the court questions, while the prosecution has used only 12 minutes. This huge distinction shows that judicial questions cannot be perceived by a reasonable observer as impartial. The perception of defence is that it has had to react to judicial questions, while the prosecution has not seen such a need”, the document says.

The defence also says the prosecution does not perceive that judges' questions are challenging her case. The defense, they claim, is that the judges ' questions are undermining the principle of predicting the innocence of the accused.

Moreover, these statistics show that the prosecution does not perceive that the judges' questions in no way challenge the prosecution's case, while the defence significantly perceives that the judges' questions undermine the principle of presumption of the innocence of the indictees”, says the letter.

According to the four indictees represented by their defence, it is inequality and is contrary to the rights of the accused.

This huge inequality is contrary to the basic right of the accused for an independent and impartial tribulal, as well as with the ethical obligation of each panel member to be not only subjectively impartial, but also to create an appearance of impartiality, as defined in Article 4 of the Judicial Code of Specialised Chambers”, says on paper.

In addition, the four accused say that their right to a fair trial and an independent and impartial tribulal have been violated.

The four indictees formally note their opposition to the way they conduct judicial questions and claim their right to a fair trial and an independent and impartial tribuanal have been violated”, the document says.

As a result, the accused have asked the panel to take measures to ensure that each of its members acts impartially.

And as a measure to be done, according to the four accused represented by their defence have to do with asking questions that challenge the Prosecutor.

They have also called for limiting the practice of suggesting the responses of witnesses, as well as avoiding questions used as a means of producing evidence against the accused.

“Avoiding using judicial questions as a means to provide evidence against the accused beyond the scope of direct examination of the Prosecution”, it says on paper.

We remember that the defense has repeatedly had complaints about the court's questions during court hearings.

Otherwise, the Specialised Prosecutor's Office, on September 30th, 2022, has handed over the confirmed amended indictment against Hashim Thaci, Kadri Veselini, Jakup Krasniqi and Rexhep Selimi, which consists of ten points of charges, where the latter are charged with war crimes and crimes against humanity.

On April 29th 2022, the Specialised Prosecutor's Office had handed over a amended indictment to Hashim Thaci, Kadri Wessel, Rexhepi and Jakup Krasniqi, where four indictees have committed war crimes even in Gjilan, Budakov and Semtish.

On November 9th 2020, in their first appearances, Hashim Thaci's Jakup Krasniqi has been declared innocent of the charges placed on them. Wessel has also been declared in his presentation on November 10th, as has Rexhep Selimi on November 11th.

The incident against Hashim Thaci, Kadri Veselin, Rexhep Selimi and Jakup Krasniqi is confirmed on October 26, 2020.