22 minutes agoThe standard of replacing measures for Cilayan to apply to former KLA leaders
Periskopi(2 years ago)
(2 years ago)Kosovo Specialised Chambers ( DPSK) in The Hague on Wednesday has been released from custody by former Malisheva Chairman Isni Kiljan, who was arrested in November last year. However, according to jurists, Kilay has not been released on parole, but has replaced the detention measure with a milder and with [...] mass.
Amer Alija from the Fund for Humanitarian Law Kosovo (FDHK), in a response to the Dukaagjini portal, has said it sends an important signal for the future of processes in the Specialised Chambers, where the detention measure can be tamed for other persons under way.
According to him, it is important to implement the conditions set to respect the judicial process and ensure its continuation without obstacles.
“Today we have seen the specialised rooms that issued a communiqué that Isni Kilajt has replaced the measure, he has not been released on condition that procedures against him will still continue because the prosecution has submitted or made the change of act, and on May 3rd 2024 the first instance has replaced the measure of detention with freedom protection under certain conditions that have been imposed, I think this decision is envisioned with the law on the management of evidence and I believe that the Special can have similar decisions or the future to apply to other persons who are in the process of rooms, of course, with some of specialised detention, with some of them, I think that the measures must be met by the procedure that I can continue, Ali1.
He estimates that at this initial phase of the judicial process in the Specialized Chambers, the essence of appreciation focuses on conditions that force a measure for the person in question.
Alija adds that this period is not marked by considering evidence, but rather by measuring criteria such as the risk of witness influence and the existence of conditions for escape.
“Now in this phase of the preliminary procedure, the evidence is not considered, primarily considered the conditions that require a measure to be set, whether there is a condition of escape, whether there is an impact on witnesses, and certainly the court has assessed all these risks that exist in this procedure, and it has estimated that at this stage given that the same has occurred several months in detention and has considered that the measure can be softened and procedures or then continue without obstruction<1>, he added further.
Alija added that unlike ordinary perception, the detention measure is not always binding for the accused.
According to him, there are several alternative measures such as house arrest or announcement at the police station, which can be applied by the Special Court in certain cases.
However, he stressed that this is not a guarantee for easing measures for those accused of serious criminal acts.
Alija highlighted the need for the tribunal to take into account the experience and situation of each individual case, stressing that it could assess the easing of the move even against former KLA leaders in the future, following the prosecution's hearing of witnesses.
“It is not always binding on the stricter measures such as the detention measure, there are other measures such as home arrest, announcements at the police station so the Special Court may in the future ease measures against leaders, but this is not guarantee because the same is accused of very serious criminal acts, but on the other hand considering that the procedure against Thaci and others is continuing for more than three years then the court should have to consider and perhaps in the future could also ease the measure, but certainly that could be assessed after the majority of witnesses were heard from the prosecution, Ali said.
On the other hand, attorney Artan Cerkini stressed that the decision to release Isni Cilayt is in line with the law and judicial mechanisms.
He added that this standardisation should be applied in other cases, including the case of Thaci and former KLA leaders.
The decision to release Isni Kilaj is fair and based on law. The court has acted correctly when it found that a detainee cannot be held deprived of freedom because of delays caused by the prosecution. This standard has had to apply to Thaqi and others” as well, Cerkini told Dukajini portal.
In November 2023, Kilaj was arrested by Specialised Chambers in The Hague, under suspicion of criminal acts involving obstructing justice.
The Specialised Chambers said that in the decision to revis the detention of Cilajt, the court has found that “still exists the given suspicion that Kilaj himself or others committed, criminal acts against justice administration”.
The court said that despite the decision to release, there are still moderate “ ” risks for Kilaj to escape and prevent the performance of criminal procedures, as well as “to perform other criminal acts”.
“However, the judge concluded that the extension of Mr. Kilaj's detention, under current circumstances, would be unreasonable, taking into consideration the presumption of innocence and his right to freedom under the circumstances of new developments”, the statement said.
Also mentioned among the reasons for the decision to release Kylay was the specialised Prosecutor's decision aimed at presenting a changed indictment against him, which may take time.
In announcing the Special Chambers, also known as the Special Court, it was stressed that Kilaj could be sentenced to up to five years in prison for his alleged actions.
He has stayed for almost six months at the detention centre at The Hague. When arrested, the Specialised Prosecutor said he was suspected of criminal acts against justice administration, the obstruction of official persons in carrying out official duties, and violation of the secret procedures.
Kilaj had led the Malisheva municipality on two mandates -- from 2007 to 2009 -- and from 2009 to 2013.
