Pasic: The Hague Court partially met expectations, many crimes in Kosovo remain uninvestigated

Former military prosecutor and lawyer Dragan Pasic has stated that the Kosovo Specialist Chambers, based in The Hague, have partially met expectations, though many crimes remain uninvestigated. He emphasizes that the case against Hashim Thaci and three senior officers of the former KLA is the most complex, involving war crimes committed not only in Kosovo but also in Albania.

"This year, I expect the ongoing trial against Hashim Thaci and others to conclude. I also expect other trials to begin, based on past experience, as first-instance trials generally last about a year to a year and a half. However, the trial of Hashim Thaci and his three associates, who played active roles in the so-called KLA, is the most complex because it involves crimes committed not only in Kosovo but also in northern Albania," Pasic said.

He notes that proceedings are currently underway against 15 individuals charged with crimes against humanity, war crimes, and other offenses under Kosovo law.

"It is likely that the number of accused will increase, but it is already evident that the Specialist Prosecutor’s Office is conducting thorough investigations into the most serious crimes. None of this would have been possible without Dick Marty, the well-known Swiss politician and lawyer, who in 2010 prepared a report on inhumane treatment of civilians and organ trafficking. This report led to its adoption by the Parliamentary Assembly of the Council of Europe and other institutions," Pasic explained.

Commenting on the indictments and the number of accused, Pasic believes the number should be much higher.

"While the top figures of the so-called KLA are being prosecuted, there are still numerous crimes that are well-known both to our country and to the public," he said.

He points out that proceedings for "obstruction of justice" are also underway, which include influencing investigators, other individuals conducting investigations, and witness intimidation.

"In this regard, the court has been very effective, with several individuals already convicted for witness intimidation. Some have even repeated this criminal act, including Hashim Thaci, who is also facing charges for obstruction of justice. This is where the Kosovo Specialist Chambers and Specialist Prosecutor’s Office have demonstrated effective action," Pasic said.

In December, he recalled, three individuals accused of obstruction of justice reached plea agreements with the prosecution.

"So, we already have final verdicts for these crimes," Pasic specified.

He believes the Specialist Chambers have partially met expectations during the proceedings so far.

Pasic reached this conclusion by analyzing the final verdict in the case of Salih Mustafa, whose trial began on September 15, 2021, and concluded late last year.

"The first-instance verdict sentenced him to 26 years, but in the appeals process, his sentence was reduced to 15 years. This is the only final verdict so far. The 15-year sentence shows that the court, specifically the Specialist Chambers, has not fully met expectations, considering these are the gravest crimes. Salih Mustafa was convicted of unlawful detention, torture, and murder. This sentence is relatively lenient," Pasic argued.

Commenting on Kosovo Justice Minister Albulena Haxhiu's claim that the Special Court is unprecedented in its lack of accountability to any institution in Kosovo and that a mechanism is needed to oversee the rights of the accused, court bias, and other circumstances, Pasic called it a political statement without legal basis.

"The Kosovo Specialist Chambers and Specialist Prosecutor’s Office are only formally part of Kosovo’s legal system. However, Kosovo’s institutions have no authority over these judicial institutions, nor do they finance them. They are funded by the European Union and EU member states. Therefore, no oversight, instructions, or control can come from any body of so-called Kosovo, including the Kosovo Assembly," Pasic explained.