EULEX does not make any difference in ethnicity, when it comes to the charges against someone. Our position is that everybody is protected by law and that the law applies to everyone. Person cannot be condemned without serious evidence, or testimony in force, and we appeal to all those who have information related to the crimes to contact our prosecutors.
That’s how German diplomat and head of the EULEX mission in Kosovo Bernd Borchardt, commented the work of the judiciary in Kosovo and Metohija, which according to the opinion of Serbs in the province is not just. As an argument for that were mentioned unpunished crimes against Serbs, and on the other hand arrest of the Serbs without tangible evidence, and only on the basis of unreliable statements of Albanians.
Why four Serbs were not released pending trial, when Government of Serbia guaranteed for them?
This is a question for the judges. It cannot be commented, or considered, by the head of mission. If I would publicly advocated release from custody, for whomever, on the basis of guarantees, it would be political interference and it would be wrong. The same way as attempts to exert pressure on the judiciary through public statements are wrong. The mission is not and will not interfere in the work of the judiciary.
Do EULEX Justice workers have insight into indictments against Serbs or Kosovo judges and prosecutors are having the main role in it?
Kosovo’s justice system has never been and never will be under the authority of EULEX. We are partners. We are working in investigative and prosecutorial mixed teams, as well judicial councils under the Kosovo legal framework. We also monitor and advise colleagues in the judicial system in Kosovo.
Still, some secret indictments are mentioned, or lists of Serbs accused of war crimes …
Speculation on secret indictments and lists containing 5,000 names are completely unfounded. I categorically state that there are no such lists. There are investigations that are ongoing throughout Kosovo, which include people of all nationalities. People who are part of the investigation are informed about the investigation when interviewed as a suspect, or when enough evidence was gathered for reasonable suspicion against them.
Do you expect an extension of the EULEX mission?
Our mandate is until June 2014. In Brussels, are ongoing negotiations between Kosovo, Brussels and EU member states. Given the fact that talks are underway, I wouldn’t like to speculate on the outcome. However, I think we can assume that EULEX will continue to exist, but will enter into a transitional period during which additional authorisations will be shared between EULEX and the Kosovo authorities. Also, we will continue to assist in the implementation of some agreements reached between Belgrade and Pristina.
On the church in Djakovica appeared threatening graffiti against the Serbs, they were forbidden to visit cemeteries at All Souls’ Day, on Christmas Day they were stoned … Does this mean that the Serbs were denied the right to freedom of movement, property and religion?
I would agree that we are still faced with the incidents, but I do not agree that the Serbs in Kosovo are forbidden the rights to freedom of movement, private property and freedom of religion. Solution for the property cases is one of the many successes of this mission. About 40,000 out of 42,000 cases were resolved in the first instance, and hundred and still waiting for a decision on the appeal. EULEX took over steps in regards to the incidents. I assure you, that together with Kosovo partners we work to improve the rule of law for all.
