Blakaj: The Prosecutor's Office in The Hague has the right to collect evidence regardless of where it is located
Bekim Blakaj from the Humanitarian Law Center told Kosovo Online that the Specialized Prosecutor’s Office in The Hague has the right to collect evidence regardless of its location, commenting on the objections from officials in Pristina regarding the acceptance of documents submitted by Serbian authorities as evidence in the case against former KLA leaders.
“Evidence is evidence, and of course, the Prosecutor’s Office has the right to collect evidence no matter where it is located. As long as the documentation is not fabricated, evidence should be collected anywhere,” Blakaj said.
He also noted that the Hague Tribunal, in cases related to Kosovo, used documentation that Serbia was obligated to provide to the tribunal.
“I think that in some cases, these were even crucial pieces of evidence. Naturally, the Hague Tribunal used documentation sent by Serbian institutions,” Blakaj emphasized.
When asked why there is resistance in Pristina to the use of evidence from Serbia in the Special Court, while at the same time there is a demand to open Serbian archives regarding the issue of the missing, our interlocutor said it depends on the type of evidence involved.
“In some cases before the Hague Tribunal, especially in cases against Ramush Haradinaj and Fatmir Limaj, some witnesses were instructed by Serbian services. Those witnesses gave statements that were later rejected by the judicial panel because it was proven they were coached or prepared. I believe this is the source of the motivation for representatives of institutions and lawyers in Kosovo to say evidence from Serbia should not be accepted. However, evidence is evidence, and of course the Prosecutor’s Office has the right to collect evidence regardless of where it is located,” Blakaj stated.
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