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

More documents

Recommendations

Info

56 Kosovo: Time for EULEX to prioritize war crimes chief prosecutor was praised in street graffiti. In interviews with EULEX officials conducted in October 2011, Amnesty International found that, whilst none was prepared to go on the record, several EULEX officials – as well as local prosecutors and judges commented on continued political interference by EULEX in particular cases or in policy areas, including a resistance to prosecute in both the Sabit Geci case, and interference by other international actors in the Fatmir Limaj case. Several credible independent interlocutors have suggested that the US Office in Kosovo had suggested to EULEX that measures should be taken to avoid the prosecution of Fatmir Limaj. It is to EULEX’s credit that they resisted such pressure, and proceedings were concluded in the former case, and are now ongoing in the latter. INTERFERENCE AND IMPUNITY Following publication of the Marty Report and subsequent revelations in the media, there is now incontrovertible evidence to suggest that active measures were taken by UNMIK, including by the SRSG and the Department of Justice, to ensure that investigations were not conducted, including into crimes under international law (including abductions as crimes against humanity). These include allegations against former members of the KLA, including those occupying positions of high office. Interference was not confined to the Kosovo courts: in March 2006, the UMNIK Office of Legal Affairs sought to interfere in the issuance of international arrest warrants by Serbia on the basis that Serbia had no jurisdiction over Kosovo. 162 Interference in certain cases by the US office was also reported, including in the case of the then prime minister, Ramush Haradinaj, indicted by the Tribunal. Amnesty International has also been informed in interviews with former UNMIK officials, that a number of case files were deliberately “lost” by UNMIK in the handover of cases to the EUPT and EULEX. In others cases involving the KLA, investigations were stopped: in 2003, for example, the son of a Serbian woman, abducted and killed – allegedly by the KLA – received a telephone call from the investigating police officer, to inform him that he could no longer work on the case. No further reason was given. In the aftermath of the Marty report, an internal document from the Tribunal, dated 30 October 2003, was made available in the media; according to France 24, this document had “never been presented to the European Union’s police and justice mission in Kosovo (EULEX)”. 163 The document noted that, in a meeting on 29 October 2003, the Head of the UNMIK Department of Justice had provided the Tribunal’s Chief of Investigations with “relevant material” relating to what is described as “The Albanian Issue”. This included 29 pages of documentation related to the allegations that have since been made public in the Marty report; this also includes a possibly subsequent letter, dated 12 December 2003, signed by Paul E Coffey, then Director of the UNMIK Department of Justice. The bundle of documents included interviews with four witnesses, who stated that they were participants in the transport of prisoners to Albania (as described in the Marty report) and a list of four other potential witnesses. The names of 10 “captives”, and information relating to where and when they were last seen by the witnesses, are also included. As of 24 February 2012, six of those named as “captives” – Vlastimir Stovanović, Zlatko Antić, Simisa Vitosević, Gradimir Majmarević, Mladen Vasci and Sladjana Fan - remain listed as missing persons on the ICRC database. 164 Amnesty International April 2012 Index: EUR 70/004/2012
Kosovo: Time for EULEX to prioritize war crimes 57 According to Senator Marty, “In February 2004, an exploratory visit to the site was organised jointly by the ICTY and UNMIK, with the participation of a journalist. This visit cannot in fact be regarded as a proper forensic examination according to all the technical rules. Participants in the visit whom we interviewed explicitly condemned a certain lack of professionalism, particularly regarding the taking of samples and the recording of scientific observations. Neither the ICTY nor UNMIK, nor indeed the Albanian Public Prosecutor’s Office, followed up this visit by conducting more thorough inquiries. Moreover, the Albanian investigator who took part in this site visit hastened to assert publicly that no leads of any kind had been found. The physical samples collected at the scene were subsequently destroyed by the ICTY, after being photographed, as the current Chief Prosecutor of the ICTY confirmed to me in a letter. We must permit ourselves to express astonishment that such a step was taken.” 165 On 24 January 2011, details of a leaked NATO document were published in the UK daily, The Guardian, published details of a leaked NATO document marked "USA KFOR", which included detailed information about organised criminal networks in Kosovo, based on reports by western intelligence agencies and informants, and including some of the allegations against former KLA and current office holders, as included in the Marty report. 166 Amnesty International has also seen another document, not yet made public, originating from the UNMIK War Crimes Investigation Unit. Dated 9 September 2003 the document comprises a Case report, and two pages of information which included the names of two individuals interviewed, and the names of four KLA commanders or other senior officers, in connection with the transfer of Serbs and "Albanian collaborators" to Kukës in May and June 1999, and in two other cases. One of the named suspects was Sabit Geçi. On 29 July 2011, almost eight years after original allegations, Sabit Geçi and three others were found guilty of war crimes against the civilian population by a mixed panel sitting at Mitrovicë/Kosovska Mitrovica District Court, on charges relating to the inhuman treatment and torture of civilians, including ethnic Albanians, detained at a KLA camp in Kukës, Albania between April and June 1999. 167 The three other men named in the document have not yet been prosecuted. As Senator Marty stated in para.10 of his report: “The international organisations in place in Kosovo favoured a pragmatic political approach, taking the view that they needed to promote short-term stability at any price, thereby sacrificing some important principles of justice. For a long time little was done to follow-up evidence implicating KLA members in crimes against the Serbian population and against certain Albanian Kosovars”. 168 This was reflected in an interview with a EULEX official: “The international community had a choice – to work with a strong man or an intellectual; they chose the strong man”. Index: EUR 70/004/2012 Amnesty International April 2012
Page 1 and 2:
campaign for inTernaTionaL JUsTice
Page 3 and 4:
CONTENTS Glossary of Acronyms .....
Page 5 and 6:
1. INTRODUCTION Kosovo: Time for EU
Page 7 and 8: 2. SUMMARY AND RECOMMENDATIONS Koso
Page 9 and 10: Kosovo: Time for EULEX to prioritiz
Page 53 and 54: willing, but enthusiastic to engage
Page 57: Kosovo: Time for EULEX to prioritiz
Page 61 and 62: time by the Law on the Prosecutor's
Page 71 and 72: 102 Amnesty International interview
Page 76 and 77: i wanT To HeLp WHETHER IN A HIGH-PR
show all

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

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?