In her opening statement at the commencement of the Thaçi et al. administration-of-justice trial today, Specialist Prosecutor Kimberly West said that former Kosovo President Hashim Thaçi and his co-accused had “violated judicial decisions designed to ensure witnesses and victims could testify freely” and that such conduct “strikes at the rule of law”.
Former President Thaçi is charged with repeatedly and systematically attempting to interfere with witness testimony, by providing instructions on how witnesses in the separate war-crimes case against him should testify, and with violating multiple court orders aimed at protecting confidential witness information. His co-accused – Bashkim Smakaj, Isni Kilaj, Fadil Fazliu and Hajredin Kuçi – are charged with unlawfully participating in one or more of these crimes.
The accused “deliberately violated judicial decisions that were designed to ensure witnesses and victims could testify freely, without fear or influence, and could trust that their identities and words would remain confidential to the court and its parties,” the Specialist Prosecutor said.
“This conduct represents a clear and present danger to the rule of law, which requires that witnesses must be able to come to court and tell their stories free of pressure, influence or interference of any kind,” Ms West continued. “It is important for the legacy of this institution that these facts are adjudicated and aired publicly so that a true and credible record is created.”
“Upholding the rule of law means that no one is above the law. The law applies equally and everyone is accountable,” the Specialist Prosecutor said.
In addition to judicially authorised audio recordings of the accused discussing their plan to interfere with witness testimony, evidence that the SPO will present to the court in the trial includes (i) electronic evidence, including from seized mobile phones, which corroborates the recorded conversations of the accused, and (ii) physical evidence, including documents related to the targeting of witnesses for interference which were seized from the residences of certain of his co-accused.
Three prosecution witnesses are scheduled to testify at trial, including expert testimony pertaining to the origin of seized documents and a witness providing evidence regarding the examination of the electronic devices seized in the course of this investigation.
