Round table in organization of NGO Aktiv dealt with possible amendments to the Criminal Procedure Code, which would enable war crimes trials for persons in absentia.
In this way, many laws, international charter and conventions would be violated, it was said at a round table held in northern Mitrovica yesterday.
Positive or negative connotations that may arise have been discussed, if the amendment proposed by the Self-Determination is adopted.
The amendment of the aforementioned law passed the first reading. In the meantime, fears have been expressed by the civil sector that the proposed amendments will establish a legal model by which many Serb individuals (and members of other non-Albanian communities) will be subjected to in war crimes investigations and trials.
Also, given the political status quo, in terms of non-recognition and lack of cooperation between the legal and security institutions of Belgrade and Pristina, there remains a suspicion of how the Kosovo legal system would be able to formally and substantially adhere to the right to a fair trial. It was particularly emphasized the right of possible accused to be adequately informed about the allegations, evidence and documents in the case, as well as the possibility of introducing witness testimonies during their defense.
Executive Director of the Kosovo Humanitarian Law Center, Bekim Blakaj, believes that many laws, international charters and conventions are violated, if a trial is provided in absentia.
He also states that such a trial can be misused in various ways. Among other things, Blakaj mentions the lack of forensic material evidence after twenty years of the war. He also notes that the court proceedings that were being conducted were based on the testimonies of the witnesses.
“There will be attempts to trial someone, and there is really no evidence and that a trial is conducted lawfully only based on the testimony of a witness, although the accused may not have committed the crime, but he would be tried as a war criminal. Also, if this is applied, I am afraid that lawyers will not give their maximum to defending clients who are not present,” said Blakaj.
Shyqri Syla, Chief Prosecutor of the Basic Prosecutor’s Office in Mitrovica, believes that trial in absentia is an instrument in order to establish justice for victims, as many cases remain incomplete. He points out that, although the motive for amending this law was a war crime, it was not directly directed against the Serbs.
“There will be no trials or unfounded lawsuits, because based on this proposal and the law, it is about avoiding it and guaranteeing that there will be no such lawsuits,” Syla claims.
Sami Kurteshi from Self-Determination on behalf of the proponents of the law, says that, among other things, amendments to the law will enable the satisfaction of justice in Kosovo, especially for the families of victims of war crimes. The original proposal of these amendments was proposed by the Self-Determination Movement in October last year.
