Prosecution opposes Haradinaj's provisional release

Prosecution opposes Haradinaj's provisional release

If the motion filed by Ramush Haradinaj’s defense, seeking his provisional release during the summer court recess is granted, this would “threaten the integrity of the proceedings in this case and the ability of the prosecution to ensure the appearance of the witnesses who would be ready to give evidence before the Tribunal.”

The prosecution has filed a motion—a total of 172 pages, including the annexes—asking the Trial Chamber to deny the motion for the provisional release of the former Kosovo prime minister.

He is charged—together with Idriz Balaj and Lahi Brahimaj—with participation in a “joint criminal enterprise” aimed at removing the Serb civilians from parts of Kosovo and preventing the Albanians and Roma from collaborating with the Serbian authorities.

This goal was pursued through a campaign of abductions, detention, torture and murder.

The massive campaign in support of Haradinaj mounted by his followers in Kosovo “has resulted in the creation of a climate of fear and intimidation among many prosecution witnesses,” the prosecution notes, warning that his provisional release would be seen in Kosovo “as a prelude to his permanent release.”

Reminding the Chamber that the putting pressure on witnesses in Kosovo “is a serious problem,” the prosecution notes that this is particularly manifest in this case. Witnesses testifying against Haradinaj are under additional pressure because of his popularity and the influence he wields in many parts of Kosovo.

Haradinaj’s provisional release would merely strengthen the message that the prosecution witness have already received: that the inevitability of his release will render their testimony futile.

When considering the motion for provisional release, the Trial Chamber should not focus only on whether the accused could personally pose a threat to the victims and witnesses, but should take into account the threats the witnesses receive from Haradinaj’s supporters, the prosecution contends.

Finally, addressing the defense argument that Haradinaj had been provisionally released until the start of his trial, the prosecution notes that this decision is not relevant because it was made before the prosecution put together its witness list. The provisional release of the accused at this stage in the proceedings presents “a much greater potential threat for the victims and witnesses than it was in the pre-trial stage.”