Prosecution faces witness problems in Haradinaj trial

Three more prosecution witnesses failed to appear in court last week at the Hague Tribunal.

Izvor: SENSE

Monday, 02.07.2007.

20:04

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Prosecution faces witness problems in Haradinaj trial

Another witness, Shefqet Kabashi, appeared in court in the Hague but refused to testify.

The Trial Chamber, with Judge Orie presiding, stated that three prosecution witnesses who were scheduled to testify last week failed to show up at the Tribunal, despite the fact that they were given subpoenas.

The presiding judge indicated the three persons are listed as ten, 30 and 48 on the prosecution witness list.

This is not the first problem the prosecution has had with its witnesses. Former Kosovo Liberation Army (KLA) commanders—insider witnesses—mostly deny their previous statements given to the Office of the Prosecutor (OTP) investigators, opting instead to confirm the defense's case at the trial of their former fellow fighters.

In early June, Shefqet Kabashi, former KLA soldier, made such a declaration and then proceeded to refuse to answer the prosecutor’s questions. When the Trial Chamber charged him with contempt of court, he fled the Netherlands and efforts to locate him have been in vain.

Just how serious the problems with witnesses at the KLA commanders’ trial are is shown by the fact that this issue was raised before in major international organizations.

The first to do so was Russian Ambassador Vitaly Churkin at a UN Security Council meeting on June 18.

He expressed “serious concerns” over “attempts to intimidate witnesses” at the trial of the former KLA commanders and the death of a key prosecution witness in a “purported accident.”

Last week, some members of the European Parliament noted that the witnesses in Kosovo were under much pressure. Chief Prosecutor Carla Del Ponte, addressing the European Parliament, complained that even the Kosovo police sometimes took part in the intimidation of witnesses, who then refused to come to The Hague because they were afraid.

Dušan Dunjić and Branimir Aleksandrić, pathologists from Belgrade, are due to testify this week.

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