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The Government of the Republic of Serbia

In the service of citizens

Request to UN for investigation into UNMIK handling of Haradinaj case

Belgrade, 10 April 2008

The National Council for Cooperation with the International Criminal Tribunal for the Former Yugoslavia (ICTY) stated that it would be necessary for the competent UN bodies to carry out an investigation into the activities of UNMIK officials concerning the alleged obstructions in the Haradinaj case.

Examining the consequences of the acquittal of Haradinaj and Idriz Balaj, the National Council said that such a decision by the ICTY represents the latest humiliation for the victims of crimes committed in 1998 in the territory controlled by the Kosovo Liberation Army under Haradinaj’s command, and a serious blow to international justice.

The National Council concluded that such a sentence will certainly not help in uncovering the truth about the above-mentioned events and it will also not help the reconciliation process in these lands.

The decision to acquit the two accused was due to the lack of evidence caused by the fact that the main prosecution witnesses against Haradinaj and Balaj died in mysterious circumstances, that is, some of them were run over by cars, some were stabbed to death, and some were shot to death.

The protection measures provided to those persons were obviously not sufficient. Some of the witnesses, out of obvious justified fear, even accepted to be punished of being in contempt of court just to avoid testifying.

While the witnesses disappeared one by one, the court allowed Ramush Haradinaj to be released pending trial, which was done under great pressure by UNMIK officials.

UNMIK officials, foremost of all UNMIK Chief Soren Jessen-Petersen, were racing to express their deepest goodwill to Haradinaj, accused of war crimes, and some of them were even saying that he is a factor of peace and stability in Kosovo.

The National Council for Cooperation with the ICTY believes that it would be necessary for the competent UN bodies to carry out an investigation into the activities of UNMIK officials in this case.

The investigation should be carried out as soon as possible because the former chief ICTY prosecutor Carla del Ponte accused UNMIK of having obstructed cooperation with the Prosecutor’s Office in this case, despite serious indications that heinous crimes were committed and that organs were removed from kidnapped persons, after which they were killed.

The National Council did its level best to provide the ICTY Prosecutor’s Office with all forms of assistance in this case.

All demands for assistance from the Prosecutor’s Office have been responded to and several thousand confidential documents have been submitted, including 2,174 for the Haradinaj case in the past year alone.

Also, at the request of the Prosecutor’s Office, 29 witnesses were relieved from keeping state secrets and Serbian authorities provided efficient protection for witnesses who were on the territory under Serbian jurisdiction.

After evident blunders in this case, the National Council expects the Prosecutor’s Office to appeal the initial verdict.

The National Council has authorised its President to address the UN Secretary-General and demand an investigation by the competent UN bodies into the activities of UNMIK officials regarding the alleged obstructions in the Haradinaj case, committed by UNMIK Chief Soren Jessen-Petersen and other UNMIK officials.

The National Council also decided to submit a proposal to the ICTY Prosecutor’s Office to begin legal proceedings against Jessen-Petersen and other UNMIK officials for allegations that they obstructed the investigation of the ICTY Prosecution in Kosovo, thereby knowingly and intently obstructing the execution of justice, thus violating Rule 77 of the rules of procedure and evidence of the ICTY.

The President of the National Council has also been authorised to ask the Prosecutor’s Office to re-open and conduct an urgent investigation into the existence of makeshift clinics where internal organs were illegally and forcefully removed from kidnapped persons, after which they were murdered. In case that the Prosecutor’s Office is unable to carry out such an investigation, the President of the National Council is authorised to submit the collected evidence to Serbian state bodies without delay.