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Kosova: The trail against Albin Kurti

15. March 2010

We have not been able to tell you news about the trial against Albin Kurti since we on February 21 wrote an article with the title: Kosova: Albin Kurti trial adjourned to 22 February. The reason is that our friends in the movement for self-determination for Kosova, Vetevendosje!, have been busy with defending Albin Kurti and with mobilising people for the defence. EULUX wanted to stifle the mouths of Albin Kurti and Vetevendosje! – but quite the opposite happened.

Nearly 150.000 Kosovars have sign a letter of protest and many of them have expressed their willingness to join Vetevendosje! so our friends have been so busy with re-organising the movement that they to a certain degree have not been able to inform their friends in other countries.

Now however we can begin again to inform you with bringing some issues of their newsletter in English on our website.

The contens of Vetevendosje number 187 from February 26 is:

• Second and Third session in trial against Albin Kurti

• Kosova Chamber of Advocates supports defense lawyer’s right to refuse case

• Four judges refuse to participate in trial against Albin Kurti

• Human Rights Advisory Panel submits to UNMIK pressure

Second and Third session in trial against Albin Kurti

This week, two additional sessions were held in the trial against Albin Kurti, which began on Monday 15th February.

In the second session on Monday 22nd, defense lawyer, Ramiz Krasniqi was absent at the beginning having submitted in writing his request to withdraw from the trial for ethical reasons, arguing that the trial was politically motivated. The judging panel withdrew to consider his absence and in the meantime, Mr. Krasniqi returned to court, stating that he had been forced to be present. Presiding Judge Mongeot noted that the ‘Panel appreciates the fact that he is here against his own will’.

The Panel then issued an arrest warrant for Albin Kurti and delayed the session for an hour and a half, but as Albin was not arrested, and because member of the panel of judges Fllanza Kadiu excused herself for health reasons, the court session was adjourned for the next day, 23rd February at 10.00.

In the third session of the trial, whilst sitting in the court room, awaiting the start of the trial, activists Zgjim Hyseni and Glauk Konjufca, the latter who is also spokesman for the Movement regarding the trial, were called out by the police and arrested. At the same time, another activist Blerim Maqastena was arrested while collecting petition signatures in Besiana. It was discovered later that they had been arrested in connection with the action against EULEX jeeps on 25th August, but the order to implement the arrest, was received at 8am on the morning of the trial. This was thus clearly an attempt to silence the movement and illustrates EULEX’s determination to eliminate its political opposition.

When the trial began, it was adjourned once again, as Fllanza Kadiu, the Albanian trial judge was absent due to sickness, and Albin Kurti had not been arrested. In addition, Ramiz Krasniqi once again informed the judging panel that he withdrew from the trial. Despite the judge’s refusal to accept his withdrawal, he refused to attend the next trial session, which takes place on 2nd March.

Kosova Chamber of Advocates supports defense lawyer’s right to refuse case

In a press conference on Thursday 25tht February, the Head of the Kosova Chamber of Advocates, Musa Dragusha, and colleagues from the Chamber of Advocates, supported Ramiz Krasniqi’s right to refuse to participate in the trial against Albin Kurti.

Mr Dragusha specifically requested that EULEX stop trying to pressure Ramiz Krasniqi to act as the defense lawyer in the case, against his will and against the will of Albin Kurti. He also stated that the Chamber would support Krasniqi against any attempt by EULEX to punish him by withdrawing his legal license.

Four judges refuse to participate in trial against Albin Kurti

Four judges have refused to replace Fllanza Kadiu, the only Albanian judge in the EULEX judging panel in the trial against Albin Kurti. Judge Kadiu excused herself from the case on health grounds, in the second session of the trial, on Monday 22nd February. Newspapers report that under pressure from EULEX, Judge Anton Nokaj, who is the President of the District Court of Prishtina, tried to oblige the judges to accept the case, by re‐scheduling their other trials, which is against the law.

Human Rights Advisory Panel submits to UNMIK pressure

At the same time as the political trial progresses against Albin Kurti, the UNMIK Human Rights Advisory Panel took a step towards blocking the progress of the 10th February case at the Panel. On 12th February, they declared inadmissible the legal challenge, submitted by the legal representatives of Shaban Xheladini, Kadri Balaj, Mustafe Nerjovaj and Zenel Zeneli, to the Administrative Direction issued by the SRSG on 17th October 2009. This declaration was only made public on 24th February. The SRSG’s Administrative Direction makes all public hearings at the Panel non‐adversarial; it obliges the Panel to be ready to revise decisions already made about admissibility; and it declares inadmissible any cases being reviewed for compensation. The Panel’s decision leaves the entire 10th February case (currently pending) at risk, as the SRSG recently demanded the Panel implement the Administrative Direction, likely making the case inadmissible.

Halim Sylejmani, legal representative of the families in Kosova said, “The decision shows that the Panel is nothing more than a puppet of UNMIK and has become an instrument of injustice. This Panel was set up to investigate human rights violations by UNMIK, yet it has just approved a decision which further violates the rights of the families. If the Panel has no right to challenge the Administrative Direction, then logically, our entire case is threatened with dismissal. What is this Panel for, if not to investigate the crimes committed on 10th February 2007?”

Vetevendosje number 187 can be seen as a PDF file here:

http://vetevendosje.org/sh/images/stories/newsletter/newsletter_187.pdf

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