Special Prosecution Criticised of Procrastination, Curb of Terms

Special Prosecution Criticised of Procrastination, Curb of Terms

Proliferation of the process, violations of deadlines and unprofessional access by the Prosecutor. These are some of the charges being made to Specialised Chambers in The Hague, by lawyers and civil society. Lawyer Ardian Bajraktari and Kosovo Institute for Justice Director Ehat Miftaraj express serious concerns about how this process is under way, with [...]

Proliferation of the process, violations of deadlines and unprofessional access by the Prosecutor. These are some of the charges being made to Specialised Chambers in The Hague, by lawyers and civil society. Lawyer Ardian Bajraktari and Kosovo Institute for Justice Director Ehat Miftaraj express serious concerns about how this process is under way, with particular emphasis on accepting new evidence from the Special Prosecutor.

At the time when it was expected that the protection of the accused from the Specialised Chambers in The Hague would file a motion for the collapse of several points of the indictment, on the grounds that they are unfounded and raised on a weak and procrastinated investigation, the judicial process against KLA leaders Hashim Thaci, Kadri Veselin, Rexhep Selimi and Jakup Krasniqi is facing another delay. This following the acceptance of some new evidence by the Specialised Prosecutor, who have surrendered to the final phase of the case.

The lawyer's request of the victims, under rule 153, is aimed at accepting the evidence of six participating victims of the process: Victims 07-06 (?V007?), V0/03/02016, V033/U0412, V034/040390, V039/04674 and V064/E04814?, says the presentation published on the Special Court website.

Lawyer Ardian Bajraktari has sharply criticised the latest actions of The Hague Specialised Chambers Prosecutor in the process. According to him, procrastination and delays have become an integral part of a process, which he says is being accompanied by numerous violations, RTK reports, broadcast Periscopi.

Therefore, I appreciate that such an approach of the Prosecutor, of course, is unacceptable, it's because it was said that there are some reports and other issues that I believe can be sent even earlier so depending on the value and importance they have in the procedure. But it is a clear attempt to drag this process on extremely many violations that have so far been accompanied by”, Bajraktari said.

Similar criticism includes the director of the Kosovo Institute for Justice, Ehat Miftaraj. He says the prosecution has failed to act effectively and professionally.

If the evidence is delivered within legal terms and in accordance with the labour regulation in case of the Special Chambers, we can say it's within the law. But in a practical way, in terms of what we've had legitimate expectations that this prosecutor will be professional, will do the job effectively, will do it on the basis of a plan, it turns out unfortunately that this prosecutor has produced some kind of chaos where at last moments they've appreciated which evidence or which evidence should be added to”, Miftaraj said.

He said the two main problems of the process at The Hague have been the lack of transparency and continued delays, which in many cases have been tolerated by the court itself. Meanwhile, according to Bajraktar, although the regulation allows the presentation of new evidence until the completion of the trial, they should be of new or impossible character to ensure earlier, which, according to him, is not the case here. /Periscopi/

Fadil Fazliu, Smajki Bashkim and Isni Klie refuse special ombudsman's visit

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