Witness refuses to testify in Haradinaj trial

Witness refuses to testify in Haradinaj trial

He lives in Kosovo, where several witnesses in the case have been killed.

After he read out the solemn declaration that he would speak the truth, prosecution witness Kabashi, asked leave to make “a small clarification.”

The presiding judge allowed it, and Kabashi “clarified” he did not want to testify against Haradinaj, Balaj and Brahimaj, and that he had come to the Tribunal because he had been “threatened by the people from the prosecution.”

The alleged threats were discussed in closed session.  The Chamber then ordered the prosecutor to begin the examination of the witness, reminding Kabashi that giving evidence before the International Criminal Tribunal was not a matter of choice, but his civic duty.

The witness replied only to the first few questions the prosecutor asked him, concerning his identity, refusing to say anything about the events in 1998 in which he had participated as a KLA member, and which he had described in a statement to the OTP investigators in May.

While he was aware of his civic duty, Kabashi explained it only applied “in normal states.”  He himself did not live in such a state, he said.

The lack of normalcy is evidenced by the fact that “people are getting killed [in Kosovo] for no reason” and that he himself had been threatened after testifying under a pseudonym and with image and voice distortion in the trial of Fatmir Limaj and two other KLA members charged with crimes in the Lapušnik camp.

When the presiding judge said he was surprised the witness had decided to forego protective measures granted to him in this case, the witness explained that the protective measures “do not exist in real life, but only in the courtroom.”

The fact that several protected witnesses who had testified in the Limaj, Musliu and Bala case were killed in the meantime corroborates his claim.

“That is why I appeal to you on my own behalf and that of my friends to release us from the obligation to testify,” Kabashi said, adding he was “disappointed by the prosecution’s conduct.”

After the witness resisted all the efforts of the presiding judge to make him testify, the Chamber took the initial steps to prosecute Kabashi for contempt of court.

It will state at a later date whether Kabashi will be prosecuted before the same Chamber or whether the case will be referred to the prosecution or another Chamber.

The witness will for the time being be represented by Michael Karnavas, currently defending the former prime minister of the so-called Herceg Bosna, Jadranko Prlić.