Experts on delaying the bias in Thaci's case and others: Reasons the amount of evidence and materials of tens of thousands of pages

In Kosovo, they feel that a trial process that started six years ago with the arrest and detention of former President Hashim Thaci, former Prime Ministers Kadri Veselin and Jakup Krasniqi, as well as former depute Recep Selimi Qaeda is dragging down “unnecessary” and their belief in justice.

The indictment was expected to be announced in mid-month, about three months after the trial ended in February. And, the decision to postpone it beyond July 20th, was named as the unreasonable “”.

The court, which is formally part of Kosovo's judicial system but consists of international judges and prosecutors, argued that the postponement came due to the “complexity of the case” without giving any more explanation.

The Challenge of the Issue

Two international justice experts -- Mathias Holvoet and Iva Vukushiq -- tell Radio Free Europe that there are several factors that have prompted the judicial panel to postpone the judgment declaration for at least two months: the number of defendants, the volume of evidence and the high number of witnesses.

“A common reason is the amount of evidence which can reach tens of thousands of materials, the large number of pages and the difficulty of arguments (legal complexity, requiring a lot of research and discussion by courtmakers)”, says Vukushiq, the historian from the University of Urethrecht in the Netherlands and the recognition of the court processes for crimes committed in the former Yugoslavia.

Vukushiq ʹ of origin from Croatia, which has been studying the Hague Tribunal process deeply, notes that the number of indictees also increases the burden of the judicial panel's work.

All defendants have their own defence teams, and this, according to Vukushiqi, adds the amount of work for the judges, because everyone can present different arguments or, sometimes, even try to shift the blame to someone else”.

Thaci, Veselin, Krasniqi and Selimi are accused of acts of murder, torture and persecution, allegedly committed during 1998-99 during the war for Kosovo's independence from Serbia.

The four have denied those charges and have been declared innocent of charges involving about 155 victims.

Prosecutors have demanded that they be convicted and each be sentenced to 45 years in prison for alleged crimes.

Over 130 witnesses testified in this trial, while 160 other witnesses' statements were written.

Mathias Holvoet, a legalist of international criminal law at Amsterdam University, says this case is <x0-complex, no doubt about this”, so such a postponement comes.

I think it's complex, first of all, because you're dealing with four defendants. So it's not just one to be made of, it's four. So that makes it complicated”, points out Holvoet.

What reactions did he have?

Reactions were from the largest opposition party in the country until the prime minister in office.

The Democratic Party of Kosovo (PDK)- among the founders of which was former President Thaci said the postponement was “further reaction to our belief in justice and an added injustice against former KLA leaders”.

It called it “the silent condemnation against them through repeated delays” in a response 6 May.

The incumbent Prime Minister, Albin Kurti, who is a constant critic of the court, said it is not transparent with Kosovo.

Kosovo's “government has no access to the dynamics and developments that are made at the Special Court, which is not marked by transparency for our country in service of which it is said to be. Once again I stress that Kosovo needs normal court, not special courts”, Kurti told reporters on May 7th.

The KLA War Veterans' Organisation also criticised the decision, saying on May 6th that it presupposes an unacceptable injustice and erodes the credibility of any institution that claims to advocate rule of law”.

Holvoet says that, despite reactions in Kosovo, postponing the declaration of the act of prejudice in this case is not unwarranted, given the complexity of the issue.

When compared with other courts, for example, the International Criminal Court -- when the trial closes -- sometimes takes much longer to declare the case. So, from this perspective, I don't think it's justified that they last longer”, notes Holvoet.

But, according to him, in this case it is very important how and when the Special Court announces such a postponement.

The court had announced in February, following the closure of the case on February 18th, that judges would begin assembly to make the judgment ruling within 90 days without stating a fixed date. It had also warned that announcing the decision could be postponed for 60 days.

For this two - month delay, she announced on May 6th, shortly before three months of closure.

Adjusting the procedure and evidence of the court says the verdict is pronounced within 90 days after the court closes and that there may be no longer than 60 days, except when necessary.

What is expected now?

The court in its announcement said July 20th does not imply that the indictment will be pronounced that day, and warned there may be further postponement if necessary.

Holvoet says another delay could signal differences among the three judges who must decide on the act of justice, even though not the bias required.

If you keep pushing, then I think there's really a difference over fundamental issues. On responsibility, of course, and then on sentence. Because, then, it may no longer have anything to do with complexity, but perhaps the dispute between judges”, he points out.

The trial against former KLA leaders has run into numerous objections in Kosovo, as it is seen as unilateral, as crimes committed by Serbs on Kosovo territory are not included.

Since then, huge banners and plaques have been placed across Kosovo with the message “Freedom has the name” and photographs of former KLA leaders.

There have also been protests against this process in The Hague, Pristina and other cities.

Thousands of citizens took part in the “Justice protest, not the political” on Kosovo Independence Day on February 17th this year in Pristina, in support of Thaci, Veselin, Selimi and Krasniqi. / REL/