Post by Fender on Jun 5, 2010 4:57:31 GMT -5
Leaked Memo Slams Kosovo PM's Interference in Judiciary
Pristina | 04 June 2010 | Lawrence Marzouk
EULEX officersBalkan Insight can reveal that a leaked EULEX memo criticised Kosovo Prime Minister Hashim Thaci for his interference in an ongoing war crimes trial.
A leaked memo from the European rule of law mission in Kosovo, EULEX, to its head, Yves de Kermabon, criticises Kosovo Prime Minister Hashim Thaci for ‘blunt political interference’ in the judicial process.
The confidential document, which was for ‘EU eyes only’ and circulated to high-ranking EULEX officials last August, sets out EULEX’s responses to Kosovo politicians meddling in the independence of rule-of-law institutions.
The ‘Decision Memorandum’ fingers Kosovo’s Prime Minister Thaci’s comments during a government session that three defendants in a EULEX war crimes retrial – Rrustem Mustafa, member of the Kosovo parliament, Latif Gashi and Nazif Mehmeti – were innocent.
They were found guilty of the charges in October 2009. Thaci’s comments were described as the ‘most prominent’ example in a number of cases of political interference in the judiciary.
The memo, written by Thomas Busch of the Office of the Deputy Head of Mission, suggests that Kosovo rule-of-law institutions are “culturally and/or mentally not acquainted to the concept of independence of their services”.
“EULEX certainly has a role here of leading by good example, thus gradually changing the culture/mentality.” The memo goes on to explain that Kosovo institutions may currently be unable to react to political interference appropriately because this could “expose them too radically to their local politicians and thus [open] the door for intimidation/vulnerability”.
In response to the problem, EULEX agreed to take a ‘leading role’ in pushing for a change in the mentality and criticising political interference. Options for action include public announcements by the Head of Mission or the Deputy Head of Mission on EULEX’s “opposition to political interference and its intention to draw attention to any such breaches”.
EULEX also agreed to issue press statements in support of independent institutions in response to any senior level attempt to interfere in the judicial process and report all incidents to Brussels.
Since the decision, which was signed by high-ranking officials including chief prosecutor, president of the assembly of judges and deputy chief of staff, EULEX has frequently issued statements underlining the independence of judiciary.
Its strongest-worded statement was in October 2009 in response to the public announcement by the local judge on the three-man panel that he had voted against the guilty verdict of Rrustem Mustafa, Latif Gashi and Nazif Mehmeti.
The press statement, dated October 3, read: “EULEX would like to underline that the verdict issued yesterday in the District Court of Pristina, by a mixed panel composed of a Kosovo judge and two EULEX judges, is based on the principles of the independence of the judiciary and every individual’s equal treatment before the law.”
The memo was first published on the internet site Wikileaks in late December 2009. The site has been shut since January due to a lack of funds but reappeared this week.
Government spokesman Memli Krasniqi said the document represented the views of one official at EULEX and was not an ‘official document’. He added: “The Prime Minister had expressed his opinion in a government meeting, following a journalist’s questions, on a case that has been extensively discussed, and his comments are public, and can be found on the official archive of our webpage.” He added that the comments had had no influence on the judiciary.
Kristiina Herodes, EULEX spokeswoman on Justice, said: “As a general principle EULEX does not comment on leaked documents or private meetings involving EULEX and senior political leaders.”
She added that interference at different levels [of the judiciary] in a variety of forms has been observed. “This interference with the work of the justice system, both in criminal and civil proceedings, has often resulted in practical problems, such as the pre-emptive abstention of local judges and prosecutors to deal with sensitive cases,” Herodes concluded.
Pristina | 04 June 2010 | Lawrence Marzouk
EULEX officersBalkan Insight can reveal that a leaked EULEX memo criticised Kosovo Prime Minister Hashim Thaci for his interference in an ongoing war crimes trial.
A leaked memo from the European rule of law mission in Kosovo, EULEX, to its head, Yves de Kermabon, criticises Kosovo Prime Minister Hashim Thaci for ‘blunt political interference’ in the judicial process.
The confidential document, which was for ‘EU eyes only’ and circulated to high-ranking EULEX officials last August, sets out EULEX’s responses to Kosovo politicians meddling in the independence of rule-of-law institutions.
The ‘Decision Memorandum’ fingers Kosovo’s Prime Minister Thaci’s comments during a government session that three defendants in a EULEX war crimes retrial – Rrustem Mustafa, member of the Kosovo parliament, Latif Gashi and Nazif Mehmeti – were innocent.
They were found guilty of the charges in October 2009. Thaci’s comments were described as the ‘most prominent’ example in a number of cases of political interference in the judiciary.
The memo, written by Thomas Busch of the Office of the Deputy Head of Mission, suggests that Kosovo rule-of-law institutions are “culturally and/or mentally not acquainted to the concept of independence of their services”.
“EULEX certainly has a role here of leading by good example, thus gradually changing the culture/mentality.” The memo goes on to explain that Kosovo institutions may currently be unable to react to political interference appropriately because this could “expose them too radically to their local politicians and thus [open] the door for intimidation/vulnerability”.
In response to the problem, EULEX agreed to take a ‘leading role’ in pushing for a change in the mentality and criticising political interference. Options for action include public announcements by the Head of Mission or the Deputy Head of Mission on EULEX’s “opposition to political interference and its intention to draw attention to any such breaches”.
EULEX also agreed to issue press statements in support of independent institutions in response to any senior level attempt to interfere in the judicial process and report all incidents to Brussels.
Since the decision, which was signed by high-ranking officials including chief prosecutor, president of the assembly of judges and deputy chief of staff, EULEX has frequently issued statements underlining the independence of judiciary.
Its strongest-worded statement was in October 2009 in response to the public announcement by the local judge on the three-man panel that he had voted against the guilty verdict of Rrustem Mustafa, Latif Gashi and Nazif Mehmeti.
The press statement, dated October 3, read: “EULEX would like to underline that the verdict issued yesterday in the District Court of Pristina, by a mixed panel composed of a Kosovo judge and two EULEX judges, is based on the principles of the independence of the judiciary and every individual’s equal treatment before the law.”
The memo was first published on the internet site Wikileaks in late December 2009. The site has been shut since January due to a lack of funds but reappeared this week.
Government spokesman Memli Krasniqi said the document represented the views of one official at EULEX and was not an ‘official document’. He added: “The Prime Minister had expressed his opinion in a government meeting, following a journalist’s questions, on a case that has been extensively discussed, and his comments are public, and can be found on the official archive of our webpage.” He added that the comments had had no influence on the judiciary.
Kristiina Herodes, EULEX spokeswoman on Justice, said: “As a general principle EULEX does not comment on leaked documents or private meetings involving EULEX and senior political leaders.”
She added that interference at different levels [of the judiciary] in a variety of forms has been observed. “This interference with the work of the justice system, both in criminal and civil proceedings, has often resulted in practical problems, such as the pre-emptive abstention of local judges and prosecutors to deal with sensitive cases,” Herodes concluded.