The protection of former KLA leaders opposes accepting certain documents in evidence, not proving their authenticity

The protection of former KLA leaders opposes accepting certain documents in evidence, not proving their authenticity

After completing the testimony of the 52nd witness at the trial hearing against Thaci and others, the Specialised Prosecutor's Office's Office's application for the material admission of some judicial documents allegedly made available by Serbian authorities was addressed. These documents were rejected by the protection of the accused. [...]

It was originally a court request to know where these two documents came from, how they became part of the SPS and whether there was anyone who could talk about these documents.

“The SP gave it to him TPNJ and UNMIK. The documents have initially made available to Serbian authorities, which they had seized at KLA bases during the war. In this regard we support the statement by TPNJ investigator deposited in the Haradinaj case, which is the prosecution's preamble concerning the intelligence custody chain presented by 2007. Since they are enough to be faithful, Mr. The SP does not intend to call witnesses to talk about the origin of these documents, even though there are witnesses who have spoken of KLA sequentials from some forces, this indicates that it is an earlier documentation that speaks of KLA meetings and then-prohibition operations of witnesses”, the prosecutor said.

She said that if claims are made as far as authenticity is concerned, the court can then decide what weight to give these evidence under judicial documentation.

But, generally authenticity, connection, provative value of this document cannot be viewed as isolated but in light of all evidence. When we see that there are simultaneous documents about co-operation the common value is greater than separate documents in specific areas. To get full proof of the authenticity of a document as a prerequisite for compliance with judicial evidence would be like asking for a much stronger standard than the one envisioned in regulation and Jurisprudence that provides for prima-facie testimony. When claims are raised on authenticity, the court can accept documents and then can decide for itself what weight to be given under the court documentation in general”, the prosecutor said.

The prosecutor also told what she was trying to prove with these documents.

“The SPS aims to verify the possible reasons for this person's detention and others, including what the witness has identified as being a detainee... in a statement that has given the SPS this witness and his testimony here today, the witness acknowledges that there has been good relations with one of the persons mentioned many times in this document”, the prosecutor said, requesting the admission of these documents through today's witness with the reason that he was mentioned on many pages.

While Kadri Wessel's lawyer, Ann Rowan, said this information that is involved in these documents may be known to Serbian authorities and that this document does not belong at all to the KLA.

When you look at the contents of this document and knowing how this document was taken, this document cannot be said to be linked only to UCK. This document may have been commissioned by Serbian Secret Intelligence itself because Serbian Secret Intelligence may have known this information. Then whether the document is true or not you don't know, but these may be Serbs who may have known about it. One of the possibilities is that the UCK also had this document, but these knowledge may have had civilians”, Rowan said.

While Thaci's defence through lawyer Luka Misetic said the SPS has not made an independent investigation into the authenticity of these documents.

“The ZPS is supporting confirmations written by a 2007 court case and when asked by the court their response is “we are saying what we know” that for me shows that no independent SPS investigation has been made about the authenticity of the documents that are being presented to the court. They have not been shown to the people of the KLA or to persons thought to have done these documents except to the witnesses who come here. This is a concern we have”, Miishtik said.

He said that as far as these documents are concerned, there has been evidence produced in this court case by Serbian secret intelligence, as well as statements fabricated by witnesses from the same service.

The second “that I have is that it gave me the opportunity to verify this statement now that it is online, the source really seems to be the Serbian Intelligence Service for this document. I would say that there was evidence that was presented by this court for producing evidence from the Serbian Zubelim even in this court case, even for a witness testifying to a statement of witnesses fabricated by this very Intelligence Agency. So all these are factors to consider. The fact that the document claims to be the one who is equivalent to the testimony that you already have available from this trial that even during the questions we asked it turned out to be not. It could have been agreed, except that we were given the opportunity to oppose... her”, Misethic said.

Misethic said that information inside U The CK knew not only them but also the Serbian Secret Intelligence by mentioning an undercover who didn't explain much about it.

You will hear evidence relatively quickly regarding the fact that Serbian intelligence had penetrated U CK during the conflict and the fact that this information was known even outside the KLA is exactly a test that will be provided by the prosecution witness that this undercover person was at high KLA levels. I mean, he didn't know the information alone. The KLA was also aware of the Serbian Intelligence Service since 1998. But essentially what happens if the court accepts this document, supports it in this document, and then it clearly reveals that even this is a fabricated proof that we have not found the person involved in drafting this document and testifying to the origin of this document”, Misetic said.

While lawyer Aiden Ellis said he supports the defence team's statements.

“Supports the concerns of other defence teams and supports their predigence”, he said.

However, the SPS representative insisted again, saying there are indications of the authenticity of these documents.

There are many indications of the authenticity and support of this material. Details in this document are good indications that this document is a document that stems from the KLA. The second document also mentions lists of names of arrested persons. So, the report leads beyond this witness and the rest of the others. We should also definitely process the primma-facial standard for availability”, the prosecutor said.

However, the chairman of the court, Charles Smith III, said that regarding the acceptance or incompatibility of these documents, the decision will be made late, thus concluding court hearings today.

Otherwise, the judgment against Hashim Thaci, Kadri Veselin, Rexhep Selimi and Jakup Krasniqi is expected to resume on Monday 25 March.

At private session, the 52nd SPS witness is continuing today in the trial of Thaci and others

In Kosovo Specialised Chambers ( DPSK) in The Hague, and on Wednesday, the 52nd witness of the Specialised Prosecutor's Office (ZPS) is continuing with code 04571 in the trial of Hashim Thaci, Kadri Veselini, Rexhep Selimi and Jakup Krasniqi.

This witness is with protective measures and his testimony is being heard in private session for the public, reports the “Battle for Justice”.

The 52nd witness has started witnessing Tuesday. He is being questioned by Thaci's lawyer, Luka Misethic.

Otherwise, the chairman of the court, Charles Smith III, said that a decision will be made in the meantime on the statements made by Wessel's lawyer, Ann Rowan.

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. /Betimy for Justice

Note: The individuals mentioned in this article are considered innocent unless the court finds them guilty with decision of form.

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