Bosch suggests Kosovo’s next president could pardon those convicted by the Specialist Chambers

Roberth Bosch, the former Dutch ambassador to Kosovo, has called the Specialist Chambers’ ruling against four former members of the Kosovo Liberation Army, led by former president Hashim Thaçi, scandalous.

In an interview with KosovaPress, he expressed surprise that the prosecutors and the trial panel had not taken into account the circumstances in which the war in Kosovo unfolded, as well as the testimony of international experts who had dealt with the issue more than a quarter of a century ago.

Bosch: The Specialist Chambers are overlooking the fact that the iPhone did not exist during the war in Kosovo

Bosch said the ruling was scandalous and that the judges and prosecutors had not listened to the experts, who had explained that the KLA did not operate according to such a structure. According to him, this had been emphasized by Mr. Clark, Mr. Hill, Mr. Rubin and other genuine experts.

He added that he himself had stressed the same point, but claimed that his position had not been heard, even though he had served at the time as a contact person between the Ministry of Foreign Affairs and the Ministry of Defense.

According to Bosch, it was repeatedly said at the time that the KLA provided the “boots on the ground,” meaning the forces operating in the field, but that communicating with it was very difficult precisely because of the lack of a structure. He asked how Thaçi and Rexhepi could be accused of coordination if such coordination did not exist.

The former diplomat also recalled that the events had taken place 26 years ago, at a time when there were no mobile phones and the iPhone did not exist. According to him, communication had to be conducted via satellite phones, which often did not work. Bosch said that he had used them himself and that, for this reason, it was very difficult to achieve any form of coordination.

The diplomat, who has admitted several times that he regrets having been among those who called for the establishment of the Specialist Chambers, said subsequent developments had shown that the court should cease to exist.

Bosch: This court should never have been established

According to him, the Specialist Chambers should not exist, because the entire process began with Marty’s report, which alleged organ trafficking. Bosch said that if such a claim had been true, it would, of course, have been something terrible.

He explained that the concern generated by the allegations led people to believe Marty’s report and call for a serious investigation, thus paving the way for the entire process. However, according to Bosch, once Judge Williamson conducted the investigation and found that there had been no organ trafficking, only fabricated stories, everything should have stopped.

Bosch emphasized that there was no longer any reason for the process to continue, because the organ-trafficking allegation had been the real reason for establishing the court. For that reason, he said, it should neither have been established nor continued to exist.

Disappointed by the first-instance verdict, Bosch said he did not expect any positive developments at the second instance either. He also expressed surprise over the nationality of those administering justice in the proceedings.

Bosch: The court belongs to Kosovo, is funded by Europeans, while Americans administer justice

Bosch said he did not expect much if the review was again conducted by more or less the same people. He said that, for a reason he did not understand, they all came from the United States, even though this was a Kosovo court funded by Europeans, while the prosecutors and judges were American.

“I do not understand anything. I do not understand how such things can happen. I do not know,” Bosch said.

Nevertheless, in light of the situation created by what he described as draconian sentences, Bosch said there might be a way out through Kosovo’s institutions.

Bosch: Kosovo’s next president could pardon those convicted

He recalled that the judge had begun by declaring that this was a Kosovo court. On that basis, Bosch raised the question of whether the president, as soon as Kosovo has one, could pardon all those convicted, although he acknowledged that his idea might sound absurd.

According to him, in a normal state, the president has the authority to pardon certain individuals. Bosch asked whether, once the LDK and VV finally reach an agreement on electing the president, the latter could pardon those convicted.

He said he was raising this only as a question, but that such a possibility would be logical. According to Bosch, if this is claimed to be a Kosovo court, then it should be under Kosovo’s jurisdiction. He asked who the country’s highest authority was, adding that it was not them, but the president.

“In any case, to end on a positive note, perhaps it is a good idea,” he said.

Until such a possibility materializes, the Dutchman remains convinced that Serbia is the only party benefiting from the process.

Bosch: Serbia is laughing at the Specialist Chambers’ verdict

Bosch said the ruling was highly detrimental to Kosovo and served only the Serbs, who, according to him, were very happy. He said he continued to find the entire process strange, since even Marty’s report stated that most of the crimes had been committed by Serbs.

In this context, he asked why a special court had not been established against the Serbs. Bosch said Serbia had not convicted its own people, that they continued to be part of the government and that one of the most criminal individuals was at the head of the armed forces, while the others, according to him, were standing by and laughing.