To clarify things. EULEX prosecutors, like all other Kosovo prosecutors do not pursue cases based on politics. They pursue cases based on evidence. Sometimes this is enough to convince the judges to a defendant's guilt certain, sometimes not. However, until the announcement of the judgment of the court is always the presumption of innocence.
To put things bluntly. Most of the suspects for war crimes committed against Kosovo Albanians during the Kosovo war were Serbs or Serbian nationals. But they are no longer in Kosovo. Kosovo
judiciary (including EULEX) may institute proceedings against alleged
perpetrators of crimes, but only has jurisdiction in Kosovo. We all act according to the law of Kosovo, and Kosovo law says that no one can be tried in absentia. If
the alleged perpetrators of crimes are abroad, we can do more, we can
only share the information to which we have with the prosecution
services in other jurisdictions, and we do this.
To enter the subject. Most Kosovo Albanians suspected of war crimes committed crimes against Kosovo Albanian compatriots. These are the perpetrators of Kosovo, within the jurisdiction of Kosovo. It is the main principle of the rule of law that all are equal before the law and no one is above the law. This
happens throughout the region: Serbian prosecutor for war crimes judge
Serbs in Serbia, Bosnia Special Chamber for War Crimes in Bosnia Bosnian
judges, prosecution of Croatian war crimes judge Croats in Croatia. The day will come when a Kosovo court will judge Kosovars in Kosovo without international support.
The financial terms. EULEX inherited in 1200 war crimes cases from UNMIK. We have closed or have laid down (due to lack of evidence), 500 of them. There are 300 pending cases to prosecutors in Kosovo and EULEX them within SPRK. There are 300 cases pending in Unit KP and EULEX to investigate war crimes. We have reviewed more than 800,000 pages associated with these cases. We
have also initiated 51 new cases of war crimes, including the first
investigation ever made about where acts of sexual violence and rape are
considered war crimes. Prosecutors in Kosovo and EULEX are currently investigating 100 cases of war crimes and are being held five war crimes trials. A total of 15 cases have tried war crimes, according to the legal framework of Kosovo. Just
less than half (seven) have involved defendants Serbian ethnic origin
and only slightly more than half (eight) included the ethnic Albanian
defendant. I have the 13 other warrants against Serb defendants, but they are outside the legal jurisdiction of Kosovo.
There are about 216 active cases of missing persons. Through
field operations and forensic evaluation, we along with our colleagues
in Kosovo have made possible the return of the remains of over 330
individuals to their families. This is extremely important for families and honor for me that EULEX is able to contribute in this regard.
Talk about complexity. Most of these cases are nearly 15 years old and needed more time to prepare them. The process from the beginning of the investigation up to the final sentence may last five years. Often left very little material evidence, although forensic contribute where possible. The truth is that most cases of war crimes based on the testimony of witnesses. This is true around the world: witness testimony is key to successful convictions for war crimes. However, witness testimony is extremely fragile as witnesses before the traumatic event. This
makes them extremely vulnerable to the threat, or directly through
private contacts, or indirectly through public statements, in particular
those actors who know better. Most of them stay quiet for years, in particular women, who have started to present their experiences of rape as a war crime. Support them.
To speak the truth. The truth is that sometimes crimes occur in the context of war. The truth is that the people of Kosovo can make the difference between its bid and war crimes that were committed in his name. The
truth is that even the people of Kosovo provides information that
provide the basis for evidence against their fellow Kosovars. It is true that sometimes it is hard to face the truth. However,
it is also true that justice must be done, and should strive to
achieve, especially for any company that is looking for its place in the
community of nations.
Talk about memories. I myself have witnessed the arrival of the desperate people of Pristina in Blace. I
have worked in refugee camps around Skopje and Tetovo and've seen
friends and acquaintances who were dragged from tents off clothes. I returned three days after the Kosovo war and saw all the villages, towns and homes destroyed. It is very disappointing and frustrating that so few perpetrators have been convicted so far. But this is no excuse not to be forgiven, forgotten or ignored others who have committed war crimes!
Finally,
talk about justice, EULEX, in turn, will continue - along with its
partners Kosovo - efforts to provide justice to those who are most
vulnerable in this society, t ' bring the perpetrators, whoever they are, to justice. Because the law says Kosovo - and, because it is the right thing to be done.