Haradinaj appeal: Retrial one possibility

A Hague Tribunal representative in Belgrade says that one of the possible outcomes of the Prosecution's appeal of the Haradinaj verdict could be a retrial.

Izvor: B92

Saturday, 03.05.2008.

13:20

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A Hague Tribunal representative in Belgrade says that one of the possible outcomes of the Prosecution's appeal of the Haradinaj verdict could be a retrial. Matthias Helmann told B92 that the trial of Ramush Haradinaj and two other former KLA members could be repeated in its entirety. Haradinaj appeal: Retrial one possibility Alternatively, only some parts of the process would be organized again – something that took place at this UN war crimes court in other cases. "It is up to the Appeals Chamber to decide how it will process what needs to be done, in other words, [determine] if there were errors in the first instance ruling, and whether they need to be corrected." "One of these errors could be, as the Prosecution has stated, that not all possibilities were allowed in order to have the witnesses testify," Helmann explained. He added that another possibility was for the judgment to be altered in the appeal process itself, or to have new evidence presented in the same process, that could then be used to issue a new ruling. The Prosecution appeal lodged yesterday called for a retrial of the Haradinaj case, based on intimidation of the prosecution witnesses during the trial, and also on the claim that the judges did not properly evaluate the evidence that was presented. Ramush Haradinaj and two other ethnic Albanians were tried at the Hague Tribunal on charges of 1998 kidnapping, rape, torture and murder of Serb, Roma and Albanian civilians in Kosovo. On April 3, Haradinaj, at that time a so-called Kosovo Liberation Army, KLA, warlord, and after the 1999 war Kosovo's premier, was found innocent of all charges brought against him.

Haradinaj appeal: Retrial one possibility

Alternatively, only some parts of the process would be organized again – something that took place at this UN war crimes court in other cases.

"It is up to the Appeals Chamber to decide how it will process what needs to be done, in other words, [determine] if there were errors in the first instance ruling, and whether they need to be corrected."

"One of these errors could be, as the Prosecution has stated, that not all possibilities were allowed in order to have the witnesses testify," Helmann explained.

He added that another possibility was for the judgment to be altered in the appeal process itself, or to have new evidence presented in the same process, that could then be used to issue a new ruling.

The Prosecution appeal lodged yesterday called for a retrial of the Haradinaj case, based on intimidation of the prosecution witnesses during the trial, and also on the claim that the judges did not properly evaluate the evidence that was presented.

Ramush Haradinaj and two other ethnic Albanians were tried at the Hague Tribunal on charges of 1998 kidnapping, rape, torture and murder of Serb, Roma and Albanian civilians in Kosovo.

On April 3, Haradinaj, at that time a so-called Kosovo Liberation Army, KLA, warlord, and after the 1999 war Kosovo's premier, was found innocent of all charges brought against him.

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