Thirty Special Court Sins

It says: Arsim Bajrami

The Special Court has violated the Constitution of the Republic of Kosovo and the principles of international law, affecting justice processes and ignoring the fundamental rights of individuals. Below are some of the related violations:

I

1. Special Court: It is an open tendency, through this process, completely mounted, to distort the truth about Kosovo's modern history, primarily and exclusively to misinterpret the fair liberation of the Kosovo people, the struggle for self-defense, liberation from Serbian rule, from the Serbian state genocide.

2. Furthermore, the Special Court, through Serbia, is the derivatives of Dick Marty's fake and forged reporting, and that, by now, is known internationally, so also by international justice.

3. Following the deconspiration of Dick Marty's counterfeit report, sponsored by Russia and Serbia, the Council of Europe failed to tell the truth not only to the people of Kosovo, but also to international justice and opinion, about that ordiner fraud. By silenting, deliberately, and hiding the truth about the installations, the fraud of the Marty Report, the Council of Europe created confusion in international opinion, so the truth about Dick Marty's triumphal report was clouded, hid. Thus, with the policies of the Council of Europe and its obstructural policies, there were terrible prejudices in our liberation fight in world opinion. The Council of Europe, even today, continues to silence the truth that the war of the people of Kosovo, under the direction of the KLA, with its guerrilla actions, was fair, liberation. Exactly the KLA, which was born of the people, established a diplomatic and military alliance with NATO with the US. Therefore, the Council of Europe bears responsibility not only judicial-penal, why it allowed a forged report, with the direct assistance of the Serbian state and its allies, to file charges against personalities which, during the Kosovo war and after the liberation, were NATO diplomatic and military allies, the US and other states of the European Union.

4. Trusted by the Assembly of Kosovo, through the 24th Amendment to the Constitution of the Republic of Kosovo, the Special Court had to develop a fair and impartial judicial process, not to fall prey to the Serbian state plot in co-operation with Dick Marty and Russia's secret services. Currently, the judicial process, fairly unjust, biased, which is under way at the Special Court in The Hague, against Kosovo's liberations and political personalities, is evidenced to be based on false, fraudulent, full of counterfeits, with elaborate witnesses blackmailed by Serbia.

5. Instead, it became a discriminated and monoethnic Court, which claims to incriminate the KLA's liberation and fair war, by not dealing with Serb crimes at all, and Serbia's state genocide against Kosovo's shell population. The Serbian Army, Serb paramilitary formations, criminal shells, under Arkan leadership, killed over 14,000 Albanian civilians, including 1,550 children, among them the youngest, six months from the Crenasis municipality.

6. Despite this Court claims that the KLA is not being tried, but allegedly “crimes” of its members, this is a fraud, because its four leaders, who continue to be in custody, were the dominant protagonists of Kosovo's liberation, statehood and independence process.

7. We estimate that the purpose of this judgment is taking on open and very dangerous political characters, with the aim of balancing Serbia's crimes and genocide in Kosovo with any random vandal act, isolated that any individual may have committed in wartime, even not being a member of the KLA at all.

8. While formally part of Kosovo's judicial system, until now the Special Court has committed constitutional, legal violations and violated the European Convention on Human Rights, especially in terms of human rights, the presumption of innocence and other international principles, for a fair, impartial judgment, and only on the basis of evidence, evidence. But, not to insist, to forge fabricated situations on the fabricated testimony of the Serbian state, prosecutor and protected witness! These days were made public the transcripts of a now protected Albanian witness's conversations with the heads of the Serbian Secret Service, immediately in the early years of Kosovo's liberation, with Serbia's witness speaking about financial compensation, monthly installments, which, for his services, the Serbian state had to pay!

9. Moreover, the Special Court has denied any co-operation with Kosovo authorities, unaware of the Constitution, state symbols and its legislation. This is a brutal violation of the Special Court against the constitutional sovereignty of the Republic of Kosovo, whose Assembly adopted all acts of sublaw for the establishment of the Special Court.

10. We have evidence that the Special Court has continued to develop co-operation with Serbia's authorities, including its Special Prosecutor, Serbian BIA, whether it is receiving materials or training witnesses to incriminate members of the KLA. This Special Court action is undemocratic and presents open violations of international law.

II

What are the constitutional and legal violations of the Special Court?

1. The Special Court has violated the Constitution of the Republic of Kosovo, particularly Chapter II for Freedoms and Human Rights, violating the presumption of innocence, one of the basic principles of International Criminal Law.

2. The Special Court has violated the European Convention for Human Rights and its principles, which refer to human rights and fair and independent judicial procedure.

3. The Special Court has violated all constitutional and legal principles, keeping four KLA members in arbitrary and illegal custody for more than four years. The reason for this trial, for arbitrary continuation of the detention, “for allegedly risk of fleeing indictees”, is “rationalisation”, is a ridiculous and unstable explanation, because the four members being tried are self-designed and Kosovo, even in the appropriate case, is the best example of co-operation with international justice.

4. The Special Court has violated the principle of “The equality of the parties” in the criminal procedure. Instead of impartiality in reports between the Prosecutor and the accused, she has openly ruled in favour of the prosecution, supporting any tendency, any action of her to incriminate the accused, and denying and minimising the protection and exposure of the accused's lawyers.

5. The Special Court has built a pyramid and closed system in a building of all judicial and prosecutorial institutions, including the Constitutional Court, the Ombudsman, etc. This closed trap organisation represents “conflict of interest”, because it increases the possibilities of influence on decision-making and the independence of institutions within this judiciary.

6. The Special Court, instead of the principle of economicising the judicial process, is conducting a marathon trial, unknown so far in international justicealals. This extension of the trial could have high financial benefits for judges, prosecutors and administrative workers at the Special Court, which exceeded the salaries of other colleagues in their states.

7. The Special Court continues to take discriminatory measures against the accused, failing to provide adequate conditions for their defence, delaying the handover of protected witnesses, as well as establishing visits and other discrimination measures. It was an extraordinary experience against rights and freedoms

Of the man, and of the detainees, the act of wiretapping, which was done to Hashim Thaci by conversation with the visitors.

8. The Special Court has failed to be transparent in its work. Most of the court and material hearings have been edited, there has been a lack of information on Kosovo's opinion, and generally the Albanian for the performance of the judicial process, while the timely conferences of President Trandafilova have been censorship.

9. The Special Court has no international monitoring of international organisations that monitor respect for human rights in this judicial process.

10. The professional special court does not consist of low-level or middle-level professional judges and prosecutors, and a portion of them have served in UNMIK and EULEX, with checks, failed in Kosovo's transnational justice processes for what they were paid. They are now being paid in second place for the same issues that, before, have failed.

III

Why the indictment for the so-called “joint criminal enterprise” (NPK) is groundless.

This indictment presents a judicial-political construction, which is unstable in the penal-juridical aspect of the following reasons:

1. The KLA has not been a regular army, but a patriotic guerrilla formed and led by Kosovo's new idealists and patriots, most of them students, who have not agreed with the occupation and the barbarous Serb violence against the peace - loving Albanian people. The Kosovo Liberation Army has not had a unique and centralised command structure, but volunteer fighters have acted in several military areas, which have acted selfishly, without a system of command hierarchy.

2. The NKP means the existence of a state plan designed, run and funded by the state. After the KLA, the state has not remained, because Kosovo has been occupied by Serbia, which violently administered Kosovo with its depressed system installed in Kosovo.

3. The joint criminal enterprise was the army, Serbian police, paramilitary units, which made state genocide in Kosovo during 1998-1999, implemented with the genocide plan “Patkoi” and other Serbian extermination plans. The leaders and doers of this genocide plan have been the state and military leader of Serbia, who have been sentenced by TPNJ.

4. The KLA war, together with the people of Kosovo, under all international conventions and laws of war, has been a fair war, protection, liberation and has been aimed at removing Serbian military and police forces from Kosovo, protecting the civilian population, all ethnicities and independence of Kosovo, namely establishing the state of Kosovo. The Act, the International Court of Justice's ruling, under which Kosovo was declared an independent state, in the spirit of international laws and the right of its people, to declare Kosovo's independence in its territory, is the most powerful testimony that the KLA and all of Kosovo's people wage fair, liberation, self-defense.

5. The Special Court Act on the political side aims and openly tends to revis the history of Kosovo's freedom, compromise our liberation and civilisation war on Kosovo. This tendency could have serious political implications in the international arena, for the state of Kosovo, and it is a pressure for new political compromises on behalf of “interethnic reconciliation, which Serbia is imposing.

IV

What are Kosovo failures in the Special Court process

The Republic of Kosovo as founder of the Special Court has failed as follows:

1. To provide the necessary financial and legal assistance to Kosovo citizens who are being tried at The Hague.

2. To offer evidence, documents and other materials for the purpose of protecting the fair war, liberation, self-aware KLA.

3. Offer state and legal guarantees for the release of indictees from custody.

4. To make sense of the international community for continued human rights violations defined with the European Convention on Human Rights, in the concrete case of the accused in this court process.

5. To organise and finance civil society, media, professional associations, the academic community in professional, legal, political and scientific argumentation of the KLA's Fair Liberation War.