Closing Arguments in Haradinaj Trial
Prosecutors demand 25 years' imprisonment for former Kosovo premier, while defence calls for acquittal.
Closing Arguments in Haradinaj Trial
Prosecutors demand 25 years' imprisonment for former Kosovo premier, while defence calls for acquittal.
Lawyers this week summed up their arguments in the war crimes trial of Kosovo’s ex-prime minister Ramush Haradinaj, who maintains he always treated civilians “humanely”.
Haradinaj, who is on trial in The Hague along with two former subordinates Idriz Balaj and Lahi Brahimaj, is indicted on 37 different counts of atrocities against Serbs, Albanians and Roma in 1998.
The prosecution has demanded 25 years’ imprisonment for all three men, who served in the Kosovo Liberation Army, KLA, in its fight against Serbian rule.
“The indicted men carried out a joint criminal enterprise, with enthusiasm, in which at least 40 civilians were murdered on basis of their religion, nationality and political beliefs,” said lead prosecution council David Re.
Prosecutors said they had proved that war crimes had been carried out by Haradinaj’s two co-defendants with his authorisation, support and endorsement.
Re told the court there was evidence that Haradinaj used his own house for the interrogation and torture of civilians, and that some prisoners were taken into custody and tortured at KLA headquarters in Glodjan, as well as in Jablanica prison, which was run by Brahimaj.
The defence team has declined to call any witnesses. In his closing statement, attorney Ben Emmerson said the accusations were based on rumours and that the three men could not be held responsible for the murders.
He noted that there was no evidence to show how the victims died or who killed them, or that the perpetrators were authorised and instructed by Haradinaj.
“Quite the opposite,” he added. “Haradinaj was known for treating civilians humanely.”
Lawyers for Balaj and Brahimij claimed their clients took no part in any crimes personally, and that there was no solid evidence that they committed crimes during the war.
They claimed that some prosecution witnesses had given false information, thus bringing the validity of their entire testimony into question.
The defence teams said specifically that the three accused bore no responsibility for the murders of Serb civilians whose bodies were found in the Radonjic Lake canal
The judge asked the prosecutors to comment on this claim, and they responded, “The people found dead in the canal were found placed in the same order as the order of their disappearances, with Sania Balaj [among the last reported missing] on top.”
“The canal was in the area controlled by the KLA and in a location accessible only to KLA members or with their permission.”
Emmerson said Haradinaj was known for questioning civilians gently and that he “organised escorts afterwards to make sure they left the area safely.
“‘These are not the acts of a man who would approve such crimes.
“‘The killings were carried out by individuals who were not under Haradinaj’s supervision or control. There is no evidence that Haradinaj knew of or authorised these actions.”
When Re claimed that infamous special unit the Black Eagles had been formed for the express purpose of terror and intimidation, the defence argued that they had failed to prove that those crimes were indeed committed as a part of a terror campaign, orchestrated or supervised by Haradinaj.
After hearing both sides’ closing statements, the judges said the chamber could not foresee when they would reach a decision. However, they suggested it might be in March.
Haradinaj, who voluntarily turned himself in shortly after the indictment against him was issued in March 2005, is the highest-ranking ethnic Albanian facing charges at the Hague tribunal.
His Democratic Alliance for Kosovo party ranked in fourth place at elections last year.
Marija Radovanovic is an IWPR reporter in Belgrade.
Haradinaj, who is on trial in The Hague along with two former subordinates Idriz Balaj and Lahi Brahimaj, is indicted on 37 different counts of atrocities against Serbs, Albanians and Roma in 1998.
The prosecution has demanded 25 years’ imprisonment for all three men, who served in the Kosovo Liberation Army, KLA, in its fight against Serbian rule.
“The indicted men carried out a joint criminal enterprise, with enthusiasm, in which at least 40 civilians were murdered on basis of their religion, nationality and political beliefs,” said lead prosecution council David Re.
Prosecutors said they had proved that war crimes had been carried out by Haradinaj’s two co-defendants with his authorisation, support and endorsement.
Re told the court there was evidence that Haradinaj used his own house for the interrogation and torture of civilians, and that some prisoners were taken into custody and tortured at KLA headquarters in Glodjan, as well as in Jablanica prison, which was run by Brahimaj.
The defence team has declined to call any witnesses. In his closing statement, attorney Ben Emmerson said the accusations were based on rumours and that the three men could not be held responsible for the murders.
He noted that there was no evidence to show how the victims died or who killed them, or that the perpetrators were authorised and instructed by Haradinaj.
“Quite the opposite,” he added. “Haradinaj was known for treating civilians humanely.”
Lawyers for Balaj and Brahimij claimed their clients took no part in any crimes personally, and that there was no solid evidence that they committed crimes during the war.
They claimed that some prosecution witnesses had given false information, thus bringing the validity of their entire testimony into question.
The defence teams said specifically that the three accused bore no responsibility for the murders of Serb civilians whose bodies were found in the Radonjic Lake canal
The judge asked the prosecutors to comment on this claim, and they responded, “The people found dead in the canal were found placed in the same order as the order of their disappearances, with Sania Balaj [among the last reported missing] on top.”
“The canal was in the area controlled by the KLA and in a location accessible only to KLA members or with their permission.”
Emmerson said Haradinaj was known for questioning civilians gently and that he “organised escorts afterwards to make sure they left the area safely.
“‘These are not the acts of a man who would approve such crimes.
“‘The killings were carried out by individuals who were not under Haradinaj’s supervision or control. There is no evidence that Haradinaj knew of or authorised these actions.”
When Re claimed that infamous special unit the Black Eagles had been formed for the express purpose of terror and intimidation, the defence argued that they had failed to prove that those crimes were indeed committed as a part of a terror campaign, orchestrated or supervised by Haradinaj.
After hearing both sides’ closing statements, the judges said the chamber could not foresee when they would reach a decision. However, they suggested it might be in March.
Haradinaj, who voluntarily turned himself in shortly after the indictment against him was issued in March 2005, is the highest-ranking ethnic Albanian facing charges at the Hague tribunal.
His Democratic Alliance for Kosovo party ranked in fourth place at elections last year.
Marija Radovanovic is an IWPR reporter in Belgrade.
