Serbian evidence accepted by the Special, Bajraktari: Unacceptable must be declared

Lawyer Ardian Bajrakatar has estimated that the Special Court should reject “test” provided by Milosevic's genocide regime.

He has suggested that these “prove” should fall under the 138 rule of Procedure and Specialised Chambers Evidence Rule, which refers to the confirmation of evidence.

In his account in “Facebook”, Bajraktari has explained the provision on which this evidence must be rejected.

“Referenced paragraph 2, of rule 138, which refers to unacceptable evidence, suggests that evidence provided through a violation of the Law, or regulation, or standards of international law are unacceptable, if: violation casts substantial doubt on the credibility of the test; or accepting the test would be a violation, or seriously damaging the integrity of the process. This provision is extremely important and significant, even on the basis of this, the evidence accepted by the Serbian state must be declared unacceptable because there is no dilemma that the conditions for such a thing” are met, he wrote, providing other details.

Also, there is no doubt that the evidence provided by a regime that has exercised violent actions, including the intention of the disappearance of the Albanian people from Kosovo, to the extent that it has been forced to intervene NATO -- that is, in addition to being fulfilled with strong doubts and based on the first element that these evidence has been provided by law -- clearly contradicts international law standards. And as such, no doubt these offenses cast strong doubts other than their credibility, and acceptance would severely damage the integrity of the judicial process, integrity that is also severely damaged. Therefore, it is very important to re-evaluate the fact that under concrete circumstances, conditions defined by rule are met so that these “prova” could be declared unacceptable”, it wrote.