Once again, the judges of the Kosovo Specialist Chambers in The Hague who are expected to issue a verdict in the case of the former KLA leaders have rejected all evidence submitted by the defense teams documenting Serbian crimes committed in Kosovo.
This is confirmed by two separate decisions concerning evidence submitted on behalf of Hashim Thaçi and Jakup Krasniqi, which Nacionale has reviewed.
In fact, in the decision regarding the evidence submitted by Krasniqi, the judges appear ‘irritated’ that most of the defense exhibits relate to Serbian crimes committed in Kosovo.
“At the outset, the Panel notes that a significant number of the Proposed Evidence aims to prove crimes committed by Serbian forces. The Panel has repeatedly stated that such crimes are not in dispute and are not, in themselves, relevant to the current proceedings, unless it can be shown that they are linked to a material fact or circumstance of this case. Despite these repeated indications, the Defense has continued to seek to introduce or extract evidence of such facts. The Panel recalls that the burden of proving relevance lies with the submitting party,” the judges wrote, expressing dissatisfaction that Krasniqi’s lawyers submitted evidence of Serbian crimes.
As a result, all evidence documenting crimes committed by the Serbian Army, police, and paramilitary formations in Kosovo was dismissed and excluded from the proceedings.
“With respect to Proposed Evidence 2, 4, 6, 8, 9, 12, 13, 26, 31 and 34, the Trial Panel notes the Defense’s assertion that these are meant to demonstrate crimes committed by the Serbian state and paramilitary formations, as well as interpersonal tensions among civilians, the targeting of Albanians by Serbs, and the arming of the civilian population by the Serbian state. After reviewing these points, the Panel finds that they primarily seek to demonstrate Serbian crimes and alleged fabrication of evidence or manipulation of investigations by Serbia. However, evidence of alleged crimes by Serbian forces is generally irrelevant to the charges against the Accused. The Defense has failed to demonstrate that any of these incidents are connected to the charges in the Indictment,” the judges stated.
Similarly, several pieces of evidence submitted by Hashim Thaçi’s defense were rejected for the same reason—the judges deemed Serbian-crime evidence irrelevant.
“The SPO opposes Proposed Evidence 9–15, 18, 20, 22–24, 26, 34, 35, 37 and 39–42. These, the Panel notes, all relate to alleged crimes committed by Serbian forces against ethnic Albanians or list victims of alleged Serbian crimes. Although they concern locations listed in the Indictment, the crimes described are not otherwise relevant to the crimes charged in this case. The Defense has not demonstrated their relevance to any material fact or circumstance,” the decision states.
Some Evidence Accepted Only for Historical Context
A limited number of documents were accepted, but only because the judges considered them relevant to the historical context in Kosovo.
“Regarding Proposed Evidence 1, 3, 19, 21, 23, 24, 26 and 29, the Panel considers that the Defense did not clearly articulate their relevance except to state that they concern the historical context of the armed conflict, the existence of such a conflict, or the movement of refugees from Albania into Kosovo. Nonetheless, the Panel finds that some historical background may be of limited relevance as it sheds light on political interactions, Kosovo Albanians’ pursuit of independence, and clashes between the KLA and Serbian forces in Drenica in 1998,” the judges wrote.
Defense Cases Officially Closed
The trial is now in its final stage.
Both Thaçi’s and Krasniqi’s legal teams have officially informed the Panel that they are closing their cases. There will be no more witnesses or evidence submissions.
Thaçi’s team stated:
“The Defense of Mr. Hashim Thaçi confirms that it has no further witnesses to call and no additional evidence to submit. Accordingly, in line with Rule 131, the Defense closes its case.”
Similarly, Krasniqi’s defense declared:
“The Defense of Jakup Krasniqi does not intend to call any further witnesses or present any additional evidence. Therefore, pursuant to Rule 131 and the Trial Panel’s order, the Defense hereby closes its case.”
