The case against Kosovo’s former president, Hashim Thaçi, and four other people at the Kosovo Specialist Chambers in The Hague continues to be part of the public debate. In addition to the war crimes trial, Thaçi is also being tried in a separate case related to allegations of criminal offenses against the administration of justice.
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The Specialist Chambers in The Hague have announced that the verdict in this case will be delivered on November 17. The hearing is scheduled to begin at 10:00 a.m., a decision made by the single judge in the case, Charles L. Gosnell.
In addition to Thaçi, those indicted in the proceedings are Bashkim Smakaj, former director of the Kosovo Intelligence Agency (KIA), Isni Kilaj, former mayor of Malisheva, Fadil Fazliu and Hajredin Kuçi, former minister of justice. All five defendants have pleaded not guilty.
Naim Miftari, a former KLA commander, predicts that Hashim Thaçi could be sentenced to another six years in prison. According to him, during the appeals process the decision could be eased or the sentence of one of the accused could be increased, but he does not expect any of them to be acquitted.
Miftari said that the influence of the French, Serbian and Russian secret services could play a role in the appeal and that, depending on this influence, some of the accused could have their sentences reduced, while others could face harsher measures.
He considers the main point to be the fact that, in his view, it has not been proven that the KLA committed crimes against humanity and that the war was a clean one. Miftari acknowledges that individuals, including people in uniform and members of the chain of command, may have misused the war and force for personal, clan or political interests.
Among the examples he mentions are Hashim Thaçi, the drafting of the false communiqué, communiqué number 59, against Gani Geci and his family, as well as the disappearance and killing of patriot Behajdin Allaqi and a person named Shaban Shala. Miftari calls the Specialist Court a Kosovo court and says that, in another judicial proceeding, the 84 members of Kosovo’s Parliament who voted to establish it should be convicted, based on evidence, as pro-Russian and pro-Serbian traitors.
According to the former KLA commander, no one has been convicted solely for fighting against Serbia, even in cases when Serbian police officers, soldiers or paramilitaries were killed during battles. He argues that criminal responsibility is linked to violations of the rules of war, which, in his view, there is evidence were violated to some extent for private, clan or political interests.
Miftari also criticized the composition of the justice institutions in The Hague, stressing that the judges, prosecutors and investigators are American or European, rather than Serbian or Russian. He considers the Specialist Court’s failure to investigate Serbian crimes, which, according to him, account for 99% of the crimes committed in Kosovo, as well as prolonged detention, to be weaknesses.
He also mentioned problems with witness protection, saying that witnesses have been attacked, killed, threatened and subjected to unbearable pressure. Miftari rejects labeling them as a “Serbian hand” and says that this accusation does not stand.
