MIKE CORDER
THE HAGUE, Netherlands-The U.N. prosecution’s case in the murder, rape and torture trial of Kosovo’s former prime minister ended Wednesday the same way it began, under a shadow cast by the intimidation of witnesses.
The last two witnesses slated to testify in the trial of Ramush Haradinaj and two other former Kosovo Liberation Army fighters did not take the stand at the Yugoslav war crimes tribunal. Both cited a lack of confidence in the U.N. court’s ability to protect them.
Attorneys for the three defendants are now expected to file motions seeking to have the case dropped for lack of evidence. Such motions are common at the court, but are rarely granted.
One of the witnesses, Kosovo Albanian Shefquet Kabashi, last week appeared via video link from a court in New York state but refused to give evidence and accused prosecutors of “destroying the lives of people in my country.”
Kabashi was indicted for contempt of court after refusing to give evidence in June. He claimed he was threatened after testifying in another trial, despite being identified only by a pseudonym and having his image and voice distorted so that people outside the tribunal’s courtroom could not recognize him.
“There were persons who were asked questions as witnesses and whose names don’t even appear on witness lists because they have been killed,” he said in June. “I don’t want protective measures because such measures do not exist in reality; they only exist within the boundaries of this courtroom, not outside it.”
The other witness who refused to testify, identified only as “witness 30,” is suffering post traumatic stress and was hospitalized this week in Canada, meaning he could not testify. He earlier had refused to appear, saying he feared for the safety of his family in Kosovo.
The witnesses’ absence underscored problems that have beset prosecutors since the case opened in March with chief prosecutor Carla Del Ponte warning that witness intimidation was a “serious, ongoing problem for the individuals concerned and for this prosecution.”
Haradinaj, Idriz Balaj and Lahi Brahimaj face a total of 37 counts of atrocities against Serbs and their suspected supporters in Kosovo in 1998 as the Kosovo Liberation Army fought Serb forces for control of the breakaway province. All have denied the charges. They face maximum life sentences if convicted on any charge.
Haradinaj was a KLA commander who turned to politics after NATO air strikes against Serbia ended the Kosovo conflict in 1999. He served briefly as prime minister before quitting and turning himself in to the tribunal after he was indicted in 2005.
Two other witnesses testified recently only after being charged with contempt of court, arrested, hauled to The Hague and jailed. Once they testified the contempt charges, which carry a possible prison sentence or fine, were dropped.
Observers say the case highlights a problem the Hague-based court has protecting its witnesses, many of whom still live in the Balkans close to where atrocities happened.
“Of course the court does have the power to compel witnesses, but that the prosecution has to resort to arrests and pressing criminal charges tends to indicate that the witness does not have confidence in witness protection measures, this is a serious problem,” said Dinah PoKempner, general counsel at New York-based Human Rights Watch. “You obviously do not get the same quality of testimony out of people compelled to come to court as out of willingly cooperating witnesses.”
Judges have acknowledged the problem of intimidation, but said there is no indication Haradinaj was involved.
Even so, they refused to allow Haradinaj to return home during the court’s summer recess, citing an “atmosphere of fear” haunting the case.
The tribunal has defended its use of contempt proceedings against witnesses and stresses that national courts often resort to similar measures.
“Obviously, the idea is to get these people to testify, to honor their duty to testify,” prosecution office spokeswoman Olga Kavran said.
She conceded that the witnesses were scared, but said they need not be.
“Indeed they are, but there is still the duty (to testify) and the tribunal has ample protective measures that it can offer its witnesses,” she said.
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The Hague is a court set up to exonorate the politically correct nazi NATO intervention . They got the top Serb leaders , not by conviction but by mysterious deaths that somehow hapopend in their prisons . As for NATOs proxy or good terrorists , we should not expect convictions .
Milosevic completly destroyed and exsposed this court befoe his death . The new world order is running this court . Expect no justice .
Comment by eric — November 29, 2007 #