Hague Tribunal sets Haradinaj, Balaj free

The Hague Tribunal has delivered its verdict in the case against former KLA commander Ramush Haradinaj today. Haradinaj, who stood accused of torture, murder, rape and deportation of Kosovo Serbs, other non-Albanians, but also ethnic Albanians, together with two other Kosovo Liberation Army (KLA) commanders, Lahi Brahimaj and Idriz Balaj, has been found not guilty on all counts of the indictment. Balaj has also been acquitted. Hague Tribunal sets Haradinaj, Balaj free The third defendant in the case, Brahimaj, was sentenced to six years in prison for mistreating and torturing prisoners. Haradinaj and Balaj were found not guilty on all 37 counts of the indictment. According to the judgment read by Alphons Orie, prosecutors did not prove that Haradinaj, Balaj, and Brahimaj were party to a joint criminal enterprise aimed at eliminating Serbs and other non-Albanians from the Decani region in a bid to bolster KLA control of the region. They also failed, he said, to prove that Haradinaj and Balaj were personally responsible for mistreatment of two prisoners at the KLA detention center in Jablanica in the summer of 1998. Judge Orie remarked that the trial chamber had difficulty getting witnesses to testify because many were too frightened to appear before the court. In their closing arguments in late January, prosecutors asked the court to sentence all three defendants to 25 years in jail. The defense, on the other hand, sought their release, claiming lack of evidence. Defense attorneys representing Haradinaj, Balaj, and Brahimaj did not call any witnesses, saying there was no need. The trial of Haradinaj, a former Kosovo premier, and his co-defendants began on March 5 last year. Former Hague Chief Prosecutor Carla del Ponte told the UN Security Council and other institutions that witnesses against Haradinaj were being subjected to intimidation, making it difficult for prosecutors to prove their case. Hague spokeswoman Olga Kavran said that the prosecution will decide on whether to appeal the verdicts after it studies them. Earlier in the day, she told B92 that the prosecution had brought forward over 80 witnesses during the case, though two key ones had failed to appear. “A case for contempt of court is currently ongoing regarding that matter. So, the prosecution has been able to bring forward 81 witnesses, although two very important witnesses did not appear." "There was a problem with witness intimidation, there was the fact that many witness appeared under protective measures, and that 18 subpoenas had to be issued, which meant that a court order had to be issued before these witness would come to testify,“ explained Kavran. The accused commanded the KLA during the war in Kosovo in 1998 and 1999, and until his voluntary surrender to the Hague, he was Kosovo prime minister. In a letter to the Tribunal on March 27, senior Kosovo officials demanded Haradinaj’s acquittal. Ramush Haradinaj (Beta, archive)

Hague Tribunal sets Haradinaj, Balaj free

The third defendant in the case, Brahimaj, was sentenced to six years in prison for mistreating and torturing prisoners.

Haradinaj and Balaj were found not guilty on all 37 counts of the indictment.

According to the judgment read by Alphons Orie, prosecutors did not prove that Haradinaj, Balaj, and Brahimaj were party to a joint criminal enterprise aimed at eliminating Serbs and other non-Albanians from the Dečani region in a bid to bolster KLA control of the region.

They also failed, he said, to prove that Haradinaj and Balaj were personally responsible for mistreatment of two prisoners at the KLA detention center in Jablanica in the summer of 1998.

Judge Orie remarked that the trial chamber had difficulty getting witnesses to testify because many were too frightened to appear before the court.

In their closing arguments in late January, prosecutors asked the court to sentence all three defendants to 25 years in jail.

The defense, on the other hand, sought their release, claiming lack of evidence. Defense attorneys representing Haradinaj, Balaj, and Brahimaj did not call any witnesses, saying there was no need.

The trial of Haradinaj, a former Kosovo premier, and his co-defendants began on March 5 last year.

Former Hague Chief Prosecutor Carla del Ponte told the UN Security Council and other institutions that witnesses against Haradinaj were being subjected to intimidation, making it difficult for prosecutors to prove their case.

Hague spokeswoman Olga Kavran said that the prosecution will decide on whether to appeal the verdicts after it studies them.

Earlier in the day, she told B92 that the prosecution had brought forward over 80 witnesses during the case, though two key ones had failed to appear.

“A case for contempt of court is currently ongoing regarding that matter. So, the prosecution has been able to bring forward 81 witnesses, although two very important witnesses did not appear."

"There was a problem with witness intimidation, there was the fact that many witness appeared under protective measures, and that 18 subpoenas had to be issued, which meant that a court order had to be issued before these witness would come to testify,“ explained Kavran.

The accused commanded the KLA during the war in Kosovo in 1998 and 1999, and until his voluntary surrender to the Hague, he was Kosovo prime minister.

In a letter to the Tribunal on March 27, senior Kosovo officials demanded Haradinaj’s acquittal.