Konstantinovic: It is too early to assess the work of the Specialist Chambers; pressure on witnesses is expected

Since the beginning of the proceedings against Hashim Thaci and other former KLA leaders before the Specialist Chambers in Kosovo in The Hague, attempts to exert pressure on witnesses could have been expected, lawyer Milorad Konstantinovic says, adding that adequate witness protection is necessary.

Speaking about whether the measures taken by the court, after it was determined that there were attempts to influence witnesses, i.e., the temporary restriction of visits and communication for the three former KLA leaders, Hashim Thaci, Kadri Veseli, and Rexhep Selimi, should instill confidence in the work of this institution, Konstantinovic says it is too early to give any assessment of the work of the Specialist Chambers.

"It is still too early to talk about any assessment of the work of the Specialist Chambers. The prosecutor received an order from the court at the end of the investigation to propose measures to protect witnesses. We do not have information on how many witnesses such measures have been provided for or whether the provision of these measures has been requested. Especially in cases of war crimes like this one, there are categories of witnesses who are extremely sensitive and who can even get the status of protected witnesses," Konstantinovic says.

He emphasizes that, given the history of court proceedings before the International Criminal Tribunal for the former Yugoslavia and the events that took place there, attempts to influence witnesses in these proceedings were to be expected.

"It was expected that there would be pressure on witnesses and that maybe even worse things would be attempted. When we have all the information about how both the court and the prosecution behaved, we will be able to give a general assessment. I believe that for a fair trial and a verdict based on the law, it is necessary for witnesses to be able to testify peacefully and present all their knowledge," Konstantinovic notes.

Our interlocutor believes that witnesses needed to be provided with adequate protection.

"Certain categories of witnesses should have already had protection, and if it did not happen, there was a large time frame when they could be influenced. The fact that the moment the indictment is handed over to the defense of the accused and the accused themselves, they learn who the individuals are. The fact that they are judicially regulated not to influence witnesses is absolutely insufficient protection. Some witnesses must be protected in a more adequate way; their identity must be hidden, and they must be relocated. I remind you that it was precisely for security reasons that the Specialist Chambers, established by the Kosovo Assembly, were set up in the Netherlands. It was relocated from the territory of Kosovo precisely for security reasons, primarily for the witnesses who are supposed to testify there," he explains.

As Konstantinovic emphasizes, it is an individual assessment of each witness as to whether they will continue to testify in the proceedings or make a different decision.

"There are people who are so embittered, and life has nothing left for them, that they will testify at all costs, even risking their lives if necessary. However, a large number of witnesses will give up, they will be scared. I must remind you, it is not only about Serbian victims here. The victims of this group of joint criminal enterprise were also Albanians, so there is a great need to provide adequate protection to witnesses, and it had to be provided from the very beginning of the proceedings," Konstantinovic concludes.