Ellis rejects SPO claims regarding public statements
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3 month ago
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At the Specialist Chambers in The Hague, the defense team of Jakup Krasniqi continued presenting their closing statement today. Krasniqi’s lawyer, Aidan Ellis, said that the Prosecutor’s Office has failed to prove that Krasniqi made a significant contribution to the crimes committed in his capacity as spokesperson of the Kosovo Liberation Army (UÇK).

“The prosecution has not been able to prove that Krasniqi made a significant contribution to the crimes committed in his capacity as spokesperson. No connection has been found between Krasniqi and the relevant crimes, which means nothing has been established beyond reasonable doubt,” he added.

Ellis also stated that the Specialist Prosecutor’s Office (SPO) has no right to conclude that public statements allegedly taken into account had any impact on the commission of crimes.

“In other words, these witnesses cannot prove the widespread dissemination of statements, and since they were not UÇK members, they cannot confirm whether these statements had a substantial impact on the relevant crimes. By not showing the statements to witnesses connected to this evidence, the SPO has no right to conclude that the statements were widely distributed, read, acted upon, or contributed significantly to the commission of crimes,” he said.

Ellis added that the prosecution has failed to find a link between UÇK regulations and the crimes in the indictment.

“The prosecution has not established a link between UÇK regulations and the crimes in the indictment. What the prosecution did in paragraph 125 of the final brief is highlight one line from the temporary regulation stating that ‘the military police must be ruthless with enemies and persons attempting to obstruct or sabotage our efforts for freedom,’ and then claim this influenced practices on the ground. They rely on a footnote… I would ask you to examine it carefully because, in our view, it does not prove that the military police had a policy of ruthlessness on the ground. Most witnesses spoke about a general regulation outlining military police duties, which was later interpreted by them as they wished. Most of the evidence did not show any ruthless practices in the field, so it does not support their argument,” he said.

Regarding Krasniqi’s presence during visits to operational areas and their alleged connection to crimes, Ellis said that the SPO’s assumption is incorrect and that no evidence was presented to support it.

“In the final brief, the prosecution wrongly attempts to link Krasniqi’s presence in certain alleged crime sites to the commission of crimes without providing a single piece of evidence that he saw detained persons, witnessed a crime, or contributed in any way. Simply being present is not sufficient. These are very weak claims; the prosecution does this because there is no evidence connecting Krasniqi to the crimes,” Ellis emphasized.

On February 9, the presentation of closing statements began in the case of former UÇK leaders, marking the final stage of the largest judicial process at the Specialist Chambers of Kosovo in The Hague.

The defense teams of Hashim Thaçi, Kadri Veseli, Rexhep Selimi, and Jakup Krasniqi have requested that all of them be found not guilty on all counts of the indictment.

They told the panel that there is no evidence supporting the SPO’s claims of war crimes.

Specialist Prosecutor Kimberly West has sought 45-year prison sentences for each of the former UÇK leaders.

Hashim Thaçi, Kadri Veseli, Jakup Krasniqi, and Rexhep Selimi face charges brought by the Specialist Prosecutor’s Office, which they have called unfounded. The defense also rejected the charges, arguing that the UÇK did not have an organized command structure.

The trial began on April 3, 2023 — almost three years after the indictment was confirmed — while the former UÇK leaders have been held at the detention center in The Hague.

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