Trendafilova: Indictments against individuals, not the KLA, victims from all ethnic groups, including Albanians and Serbs

The 2011 report of the Parliamentary Assembly of the Council of Europe contains not only allegations regarding the "Yellow House" but also a series of serious accusations. It is a fact that indictments against individuals, not against the KLA, have been confirmed before the Specialist Chambers. It is indicative that the victims, whose participation in the proceedings has been approved, belong to all ethnic groups, including Albanians and Serbs, Ekaterina Trendafilova, President of the Specialist Chambers of Kosovo in The Hague, said in an interview with Kosovo Online.

Trendafilova also states that more than 100 witnesses have safely testified before the court so far and that politicians have never exerted pressure on her or the Specialist Chambers.

She also emphasizes that the prosecution announced, even before the start of the trial in the case of Thaci and others, that it would conclude the presentation of evidence around April 2025.

The trial in the case of Thaci and others has resumed. Is there a timeframe by which this trial could be concluded, and what can we expect in 2024 regarding the work of the Specialist Chambers and this case?

The Prosecution indicated publicly before the trial started that it intends to conclude its case by around April 2025. Once the Prosecution has closed its case, the Defence of the four accused may avail themselves of the remedies provided in the legal framework of the Court. For example, Defence teams may file motions seeking the dismissal of charges against the accused. Pending any eventual decision on this, the Defence would then proceed presenting their cases and call witnesses. At this point in time, we do not have an estimate of how much time the four Defence teams in this case will require for their respective cases. In the course of 2024, it is expected that Prosecution witnesses will continue to appear for questioning by the parties, Victims’ Counsel, and the Judges. The four accused in this case are charged with four counts of war crimes and six counts of crimes against humanity, including persecution, imprisonment, torture, arbitrary arrest and detention, murder, other inhumane acts and enforced disappearance of persons. There are more than 140 victims participating in the trial.

How do you comment on the latest Thaci’s Defence request to withdraw from the case?

It is not for me to comment on ongoing matters pending before a Panel. Any such request will be considered by the Trial Panel seised with the proceedings in the Thaci et al. case.

Dick Marty recently passed away. No indictments have been filed for the "Yellow House" case so far. Will it remain so, or is it now impossible to file indictments for the mentioned case?

The KSC has jurisdiction over crimes against humanity, war crimes and other crimes under Kosovo law that allegedly took place between 1 January 1998 and 31 December 2000, and which were committed or commenced in Kosovo or where either the perpetrator or the victim is from Kosovo or the former Federal Republic of Yugoslavia. In addition, the crimes have to be related to the Council of Europe Parliamentary Assembly Report of 2011. Importantly, this report did not only address allegations with respect to the Yellow House, but described a variety of serious allegations, including the lack of functioning accountability mechanisms that could address these allegations in an independent and safe environment. When it comes to the question of whether there may be more indictments or which specific crimes will be charged in any future indictments, that is not for me to say. The Specialist Chambers and the Specialist Prosecutor’s Office are two separate institutions. It is the Specialist Prosecutor who, based on the evidence gathered as a result of her investigations, decides whom to indict and for what crimes.

Accusations against the Specialist Chambers are often heard in Kosovo. When you were last in Pristina, there were protests against you. Do you perceive this as pressure on you and the work of the Specialist Chambers?

People have the right to express their political opinions peacefully and in accordance with the law, including through demonstrations or other means. However, people’s views and expressions thereof can and will not have any impact on the work that we do as independent Judges. The Judges of the Kosovo Specialist Chambers sign an oath to act at all times independently in pursuing our judicial duties and this is exactly what all of the Judges assigned to the cases are doing - applying the Law and the Rules of Procedure and Evidence to conduct fair, impartial and independent trials. This is the rule of law. It has nothing to do with politics.

Have politicians ever exerted pressure on you and the work of the Specialist Chambers?

Never. As I said, as Judges we will always apply the law independently and impartially. Where people seek to interfere with the proceedings, for example, by trying to intimidate witnesses or to make public information that has been ordered by the Judges to remain confidential, appropriate action can be taken by the Court. As with any domestic proceedings, anyone who seeks to illegally interfere with proceedings can be held accountable and charges can be brought against them.

We have seen arrests in the past period for disclosing confidential information, as well as for influencing witnesses. Judgments were also rendered in the Gucati and Haradinaj case, and recently measures were taken regarding Thaci, Veseli, and Selimi, who disclosed confidential information obtained during the testimony of protected witnesses to their visitors. How important is witness protection, and has there been any case where witnesses withdraw from further testimony because of all this?

The KSC Law gives the Prosecution and the Court the authority to hold individuals accountable for offences against the administration of justice, such as violating the secrecy of proceedings or seeking to influence witnesses. And indeed, the KSC is dealing with a number of such cases. The role of witnesses is incredibly important to fair, impartial and independent proceedings. Often it takes enormous courage and a sense of public duty for someone to come forward and agree to tell their story, and in so doing contribute to justice and the rule of law. The fact that witness testimonies are so important to fair and impartial trials and the existence of a hostile climate for witnesses, was one of the reasons for the agreement between Kosovo and the EU in the Exchange of Letters to establish the KSC with a seat outside of Kosovo. As the Presiding Judge stated when delivering the Gucati and Haradinaj judgment: “[the] protection [of witnesses] from intimidation and harm lies at the very foundation of any system of criminal justice, be it domestic or international. Without witnesses, there can be no justice for victims or for society at large.” When it comes to the testimony of witnesses during the trial, the KSC has its own separate unit dedicated to the support and protection of witnesses before, during and after testimony. And we have seen that many witnesses have been ready to come forward and tell their stories. Indeed, across the different trials before the KSC, more than 100 witnesses have safely testified so far.

Will the work of the Specialist Chambers contribute to reconciliation between communities in Kosovo?

As a court, the KSC is mandated to conduct trials and bring justice and accountability for the cases brought before it in the form of fair, impartial and independent trials. It will be up to other actors in society to advance the important goals of reconciliation. That being said, it would be a true benefit and welcomed development if the work of the KSC contributes, to some extent, to reconciliation. This is one reason why I consider it so important to communicate with people in Kosovo and the region about the work of the KSC and to explain how justice is being delivered and exactly what the court is doing.

How do you comment on the claims that this court is exclusively for crimes of the KLA, or in other words that it is trying the KLA?

As a court of law, the KSC only deals with individual criminal responsibility. The court cannot hold accountable entire organisations, such as the KLA, or ethnic groups, for example. Indeed, the confirmed indictments before the KSC are against individuals, not against the KLA.  Notably, the victims admitted to participate in the proceedings are from all ethnicities, including Albanian and Serbian ethnicity.

Is it known where those found guilty will serve their sentences – can they serve their sentences in Kosovo, and is there a list of countries where they could serve their sentences?

The legal framework of the KSC does not allow for sentences to be served in Kosovo. It provides that the President, having heard the convicted person, shall designate a State where they shall serve their sentences after the judgment against them has become final. I cannot comment or speculate beforehand on where this might be.