Time for eULeX To prioriTize war crimes - Amnesty International ...

Kosovo: Time for EULEX to prioritize war crimes 45
It may be assumed that Agim Zogaj committed suicide because he feared for his safety: he had allegedly
received repeated threats and attempt had been made on his life. In addition, if the allegations in his letter
are true, he was under extreme stress. But his death has also raised further questions about the witness
protection programme.
On 14 November 2011 the family of Agim Zogaj lodged a complaint against EULEX, through the Human Rights
Review Panel, alleging that EULEX had failed to protect their son, a witness. 132 Following the suicide of Agim
Zogaj, the OWCP in Belgrade reported receiving a telephone call from a potential witness, who had decided to
withdraw his testimony following Agim Zogaj’s death.
On 1 February 2012, in proceedings in the Klečka/Kleçkë case, the defence demanded that the international
prosecutor in the case be suspended, as they wished to question him in relation to Agim Zogaj’s allegations
that he had testified under pressure. The prosecutor claimed immunity. 133
The trial of former Minister of Transport and ex-KLA leader Fatmir Limaj and nine others opened in November
2011. They were charged with war crimes, including ordering the torture and killing of at least eight prisoners,
at Klečka/Kleçkë prison camp in Drenica/Drenicë in 1999. An arrest warrant issued in March against Fatmir
Limaj, a parliamentary deputy, had not been enforced until the Constitutional Court ruled in September that
deputies did not enjoy parliamentary immunity for actions outside their official responsibilities. Fatmir Limaj
and nine other defendants were released from detention by a mixed panel of judges of 21 March 2012, after
Agim Zogaj’s diaries were ruled inadmissible. 134
Amnesty International notes that in contrast, measures to ensure that Kosovo Albanian
witnesses may travel to and testify in war crimes trials in Serbia have improved since 2004,
when proceedings against Serbian suspects started at the War Crimes Court. Measures are
also in place for witnesses reluctant to travel to Serbia to testify by video-link. According to
the Head of the WCIU, “Witnesses who have gone to Belgrade have been pleased and happy
with the way that they have been treated; it is important for them to see the suspects.”
Conversely, Kosovo Serbs remain too frightened to return to Kosovo and are denied access to
justice. The Pristina District Court Prosecutor told Amnesty International in October 2011:
“In [civil] cases in which properties were damaged [during the war or in the 2004 interethnic
violence], most are now in Serbia. We have tried to invite them back to examine them
as a witness or injured party, but they have not come because they are frightened, even
though they may claim compensation. This is also a problem in the abduction cases, where
the evidence was not properly taken”.
WITNESS PROTECTION UNDER KOSOVO LAW
In July 2011 the Kosovo Assembly passed a Law on Witness Protection, which established
procedures for the protection of witnesses. This law empowers a Witness Protection
Committee (comprising the Chief State Prosecutor, head investigator in the KP, and the
director of the Witness Protection Directorate within the Kosovo Police) to decide on “the
inclusion, stay and termination of the Witness Protection” – that is, who is accepted into the
programme, the duration of the protection and when the period of witness protection ends.
This applies to all witnesses except where a witness had requested, and been included in,
EULEX’s programme. This transitional measure, remains in force whilst the EULEX
programme remains in operation.
Index: EUR 70/004/2012 Amnesty International April 2012