The Hague Tribunal acquits Haradinaj, Serbs enraged

The decision raised a storm of angry reactions in Serbia and questions regarding the court's ability to stand up to the pressure of criminal groups involved in extensive witness intimidation after nine key witnesses of Haradinaj's crimes were brutally murdered.

Haradinaj, 39, a former commander of Kosovo Liberation Army (UCK) western front and province's ex-premier, was found not guilty of murder, persecution, rape and torture of Kosovo Serb civilians, but also his fellow Albanians during the 1998 clashes.

"Today's dark decision by The Hague tribunal shows that the purpose of that court is not justice. This is a new, major crime on top of Haradinaj's crimes. With this ruling the tribunal mocks justice and the innocent victims who suffered at Haradinaj's hands," Serbian Premier Vojislav Kostunica said.

Judges said that the case presented at the Hague courtroom had way too many flaws, but the main reason behind the prosecution failure to send former rebel leader behind the bars lies deeply in widespread fear among witnesses.

"No other case before the tribunal had witness intimidation been so widespread," prosecution said, and judges complained they had serious difficulties in getting many of almost 100 witnesses to testify freely.

"We  had to permit 34 witnesses to hide their identities from the public...18 were subpoenaed because they refused to testify and that others said they dared not talk once they were in court," judges said.

In addition, the leading prosecution witness, commander of UCK's rival rebel formation called FARK, Tahir Zemaj, his son and nephew were shot and killed during the investigation and another witness, Kujtim Berisha, died two weeks before the trial when he was hit by a car in Montenegro. Ilir Seljmaj was killed by a knife after a staged bar fight in which he had aparently attacked six people before they stabbed him. Bekim Mustafa and Auni Eljezaj were killed in shotgun attacks, while Sabaheta Tava and Isuk Hakljaj were killed in an assassination plot after which the cars with their bodies were put in flames.

The Haradinaj case was heading for disaster from the very beginning as top Western diplomats, including at the time chief of UNMIK Soren Jessen Petersen, tried to block the indictment, suggesting that former guerrilla chief might turn out to be a main player in ethnic reconciliation in Kosovo.

"This is a verdict that strengthens Kosovo. We endured a difficult liberation struggle that cost many lives. Today we are a free and sovereign nation. We can now build a dynamic and united society that is based on the rule of law and respect for the fundamental rights of all citizens," Haradinaj said in a statement issued in Pristina.

This case was also marred with disputes between at the time chief prosecutor Carle del Ponte and UNMIK, which allowed Haradinaj to take a semi-active part in Kosovo political life despite the war crimes charges brought up against him in early 2005.

Albanian leaders, unexpectedly, named Haradinaj the province's prime minister in apparent attempt to create a political shield around one of the most influential rebel leaders in Kosovo, marking the start of political games which followed the case.

Del Ponte, who stepped down as chief prosecutor in late December, blamed the Kosovo's UN administration for failing to protect witness, but consecutive heads of UNMIK ignored the criticism, bending to the local pressure and wishful thinking that Haradinaj might help lower down the tensions between Serbs and Albanians in the volatile province.

Download PDF document