Ex-premier Kosovo vrijgesproken door Joegoslaviëtribunaal (en)

Met dank overgenomen van EUobserver (EUOBSERVER) i, gepubliceerd op vrijdag 4 april 2008.

The UN's tribunal in the Hague has ruled that former prime minister of Kosovo Ramush Haradinaj is not guilty on any of 37 counts of war crimes such as murder, rape and torture mainly against Serbian civilians.

In a key verdict announced on Thursday (3 April), the judges of the International Criminal Tribunal for the former Yugoslavia (ICTY) argued there is not enough evidence against Mr Haradinaj (39), an ex-commander of the Kosovo Liberation Army (KLA) in the late 1990s.

The court also acquitted Mr Haradinaj's close ally Idriz Balah but found the third of the top Kosovo detainees, Lahi Brahimaj, guilty in two cases of torture and cruel treatment and sentenced him for six years in prison.

All three men faced accusations of crimes allegedly committed in 1998 when the KLA was fighting against Serb forces. They had been blamed for driving Serbian and Roma civilians from their homes and also attacking Kosovar Albanians considered to be collaborating with Serbs.

While suggesting the prosecutors - who asked 25 years of prison for the indictees - did not gather enough convincing evidence, the court acknowledged that the trial was taking place in an atmosphere of fear and threats against witnesses in Kosovo.

Carla del Ponte, the ICTY's former chief prosecutor earlier wrote in her book that even the UN's mission in Kosovo, UNMIK, had hindered the investigation in Haradinaj's case and failed to secure sufficient protection of witnesses.

She argued that the perception among inhabitants of Kosovo of UN support for the ex-prime minister had "a chilling effect on witnesses and deters potential witnesses from speaking to investigators." A leading prosecution witness, Tahir Zemaj, and his son and nephew were shot and killed during the investigation.

Thursday's verdict sparked a strongly negative reaction by Serbian politicians. The country's prime minister Vojislav Kostunica said it represents a mockery of justice and a mockery of the innocent victims who suffered at the hands of Haradinaj.

Analysts suggest the Hague's ruling could lead to a rise of popular support for nationalists in Serbia ahead of early elections in May where voters will effectively decide whether they want to continue on the path towards EU membership.

It could also damage the efforts of pro-western Serbian forces to catch top war crimes-suspects, particularly ex-general Ratko Mladic. His delivery to the UN tribunal is one of the EU's conditions for Belgrade to move on in its pre-accession process.


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