Prosecution appeals Haradinaj verdict

The Hague Prosecution has appealed against the verdict in the Ramush Haradinaj case, calling for a partial retrial. The appeal also refers to the verdict in the case of Idriz Baljaj, the former Kosovo Liberation Army (KLA) leader’s subordinate, and a re-trial is being sought in order for witnesses to be questioned that did not testify during the first-instance hearing. Prosecution appeals Haradinaj verdict In early April, Haradinaj and Baljaj were both acquitted on all 37 counts of their indictment for crimes against Serbs, Roma, and Albanians in and around Decani in 1998. Third-accused Lahi Brahimaj was sentenced to six years behind bars for harsh treatment of prisoners at the KLA camp in Jablanica. In the appeal lodged yesterday and published today, the prosecution states that the trial chamber acted unlawfully when, at the end of the trial, it failed to grant prosecutors additional time that they had sought to attempt to obtain statements from two key witnesses whom they claimed had been “agitated“ and “intimidated“. One of those witnesses, Shefqet Kabashi, has refused to testify on two occasions—once in court in the Hague, and once via video link from New York—and has, as a result, been charged with contempt of court. The identity of the other witness is not stated in the appeal. The prosecutors add that their testimonies are crucial to establishing the guilt of the three accused for crimes committed against civilians in Jablanica as part of a “joint criminal undertaking“. They state that Kabashi was a KLA member in the village and that he witnessed the abuse of prisoners, some of whom died. Kabashi is alleged to have personally seen Baljaj and Brahimaj assaulting captives. The prosecution claims that an “atmosphere of [witnesses’] agitation and fear“ plagued the trial, and that the judges, in delivering their verdict, said that “many witnesses cited fear as the reason that they had not wished to appear before the court and testify.“ However, the court’s decision not to allow the prosecutors more time in which to obtain testimonies from Kabashi and the other protected witness “rewarded witness intimidation, and contravened the basic principles of a lawful trial,“ the appeal underlines. The prosecutors, therefore, want the Hague Appeals Chamber to sanction a partial re-trial on the six of the 37 counts of the indictment referring to crimes in Jablanica. There would be a “reasonable chance“ of Kabashi and the other protected witness testifying at that trial, the prosecution states. It has also appealed against the part of the verdict absolving Baljaj of responsibility for the death of a mother and her two sisters in a village near Decani in spring 1998. The victims’ son/brother testified in court that Baljaj and his men had led the three of them away. The appeal also covers Baljaj’s acquittal on charges of the rape of protected witness 61, as well as harsh treatment towards witness no.1. The prosecution wants the Appeals Chamber to overturn the acquittal and find Baljaj guilty of those crimes. The Hague Appeals Chamber has no deadline within which to decide on the prosecution’s motion. The accused (Beta, archive)

Prosecution appeals Haradinaj verdict

In early April, Haradinaj and Baljaj were both acquitted on all 37 counts of their indictment for crimes against Serbs, Roma, and Albanians in and around Dečani in 1998.

Third-accused Lahi Brahimaj was sentenced to six years behind bars for harsh treatment of prisoners at the KLA camp in Jablanica.

In the appeal lodged yesterday and published today, the prosecution states that the trial chamber acted unlawfully when, at the end of the trial, it failed to grant prosecutors additional time that they had sought to attempt to obtain statements from two key witnesses whom they claimed had been “agitated“ and “intimidated“.

One of those witnesses, Shefqet Kabashi, has refused to testify on two occasions—once in court in the Hague, and once via video link from New York—and has, as a result, been charged with contempt of court. The identity of the other witness is not stated in the appeal.

The prosecutors add that their testimonies are crucial to establishing the guilt of the three accused for crimes committed against civilians in Jablanica as part of a “joint criminal undertaking“.

They state that Kabashi was a KLA member in the village and that he witnessed the abuse of prisoners, some of whom died. Kabashi is alleged to have personally seen Baljaj and Brahimaj assaulting captives.

The prosecution claims that an “atmosphere of [witnesses’] agitation and fear“ plagued the trial, and that the judges, in delivering their verdict, said that “many witnesses cited fear as the reason that they had not wished to appear before the court and testify.“

However, the court’s decision not to allow the prosecutors more time in which to obtain testimonies from Kabashi and the other protected witness “rewarded witness intimidation, and contravened the basic principles of a lawful trial,“ the appeal underlines.

The prosecutors, therefore, want the Hague Appeals Chamber to sanction a partial re-trial on the six of the 37 counts of the indictment referring to crimes in Jablanica. There would be a “reasonable chance“ of Kabashi and the other protected witness testifying at that trial, the prosecution states.

It has also appealed against the part of the verdict absolving Baljaj of responsibility for the death of a mother and her two sisters in a village near Dečani in spring 1998. The victims’ son/brother testified in court that Baljaj and his men had led the three of them away.

The appeal also covers Baljaj’s acquittal on charges of the rape of protected witness 61, as well as harsh treatment towards witness no.1. The prosecution wants the Appeals Chamber to overturn the acquittal and find Baljaj guilty of those crimes.

The Hague Appeals Chamber has no deadline within which to decide on the prosecution’s motion.