bato2
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Art Changed The World
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Post by bato2 on Mar 8, 2011 3:37:29 GMT -5
Author: Geoffrey Nice Former deputy prosecutor at the trial of Slobodan Milosevic presents a critical assessment of the report recently presented to the Council of Europe by Dick Marty regarding allegations of organ trafficking against Kosovo leaders ‘Inhuman Treatment of People and Illicit Trafficking in Human Organs in Kosovo’ by Dick Marty Council of Europe, draft report, December 2010 At the end of last year it was reported that in the late 1990s Hashim Thaci, the prime minister of Kosovo, together with other Kosovo Albanian political leaders, had traded in the organs of Serb prisoners held in neighbouring Albania. Some papers implied that organs had been harvested while the prisoners were still alive. The allegations were based on a report commissioned by the Council of Europe and written by Dick Marty, a Swiss senator. They are quite distinct from the charges brought against several people currently on trial in Kosovo, accused of swindling kidney donors of several different nationalities out of money promised to them for giving up their organs. The criminal groups responsible in that case are said to have connections with the political leadership, but it’s unfortunate that Marty allows the two different sets of allegations to seem to lend support to each other. Thaci was the leader of the Kosovo delegation at the unsuccessful Rambouillet peace conference in February 1999. At that point he was in charge of the political wing of the Kosovo Liberation Army, and he was chosen to go to Rambouillet in preference to the Kosovan president, Ibrahim Rugova (who was soon shipped out to Italy by the Serbian regime ‘for his own good’). Thaci’s presence at Rambouillet made clear the shift in Kosovan politics, from the non-violent resistance advocated by Rugova to the KLA’s armed struggle. The US-backed KLA leaders represented a younger generation of Kosovo Albanians, many of whom had left for Western Europe in the early 1990s, often sending back part of their earnings to Kosovo to provide for the coming armed struggle. Thaci was one of them. By 1993 he was a student in Switzerland, helping to found the Peoples’ Movement of Kosovo. At Rambouillet, it wasn’t hard to see what the US was demanding of the two warring parties: the Serbs were being told ‘sign or we bomb you,’ and the Kosovans ‘sign or we drop you.’ Thaci understood the political reality even if he had to get the agreement of his fellow terrorists/freedom fighters/ irredentists back home before he could sign. The KLA knew it couldn’t risk losing the support of the US and Nato, and Thaci signed, on condition that a referendum on a permanent political settlement would take place within three years. Any such referendum, which would be bound to lead to independence for Kosovo, was anathema to the Serb delegation: they refused to sign. The failure to reach an agreement led to the Nato intervention. The objective was to forestall a humanitarian catastrophe: more than 200,000 civilians had been displaced by December 1998. By the end of the conflict a million people had been displaced and at least 10,000 Kosovo Albanians killed. Kosovo became an international protectorate, governed first by the UN Mission in Kosovo (UNMIK) and later by the European Union Rule of Law Mission (EULEX). The KLA fragmented into several factions, one of them led by Thaci. Another was led by Ramush Haradinaj, a former military commander who became prime minister in 2004. Haradinaj had been in office for only a few months when he was indicted by the International Criminal Tribunal for the Former Yugoslavia (ICTY) and surrendered himself, to be tried for and eventually acquitted of crimes allegedly committed against Serbs and ‘disloyal’ Kosovo Albanians. He wasn’t the only politically prominent former KLA leader to be indicted: Fatmir Limaj was also tried and acquitted. Thaci was never indicted. Nor was he called as a witness by the prosecution or defence in any trial held at the ICTY. The grave charges made against him, including the many made by Milosevic at his own trial, have never been answered in a court. The organ harvesting allegations first emerged in 2008, in Madame Prosecutor, Carla del Ponte’s account of her time as chief prosecutor at the ICTY (where I was one of her colleagues). She drew on various sources, none of them identifiable. Executions and organ removals, she claimed, took place at or just after the end of the Kosovo conflict in June 1999. How reliable are these allegations? On what evidence are they based? No single victim has yet been identified, as far as I know. Are they, perhaps, part of a media campaign to obstruct the recognition of Kosovo as an independent state? Stories in the Serbian press suggest that many of these allegations came from a witness known as K144, although del Ponte never refers to this source in her book (and nor does Marty, directly). According to media accounts, K144 has first-hand knowledge of the execution of Serb prisoners whose kidneys were then removed for sale. The Serbs have given the impression, without clearly stating it, that K144 was a ‘protected witness’ of the ICTY. Witnesses summoned for the part of Milosevic’s trial that dealt with Kosovo were indeed known by ‘K’ numbers – but they stopped around K116. If K144 is a genuine pseudonym how did the Serbian press get to know about it and from whom? Who is K144? The ICTY website has entries for many ‘K’ witnesses, but nothing for K144. According to one newspaper story, K144 claims that there was a trade with vital organs of the kidnapped Kosovo Serbs conducted under direct supervision of Hashim Thaci and KLA leaders with the consent of Albanian state officials … Doctors would examine all the prisoners and with information from Italy of which organ was needed would decide who would go under a knife … The prisoners were anaesthetised, their organs were extracted, and then they would most often be left to die by being taken off the life support … In several cases the younger prisoners, after having one kidney extracted, were sutured and returned with other prisoners … The biggest mass grave with some 100 Serbs was in … Burrel in central Albania. Burrel had in fact been investigated by the ICTY during Milosevic’s trial in 2003-4 after allegations that Serb prisoners had been maltreated there. No conclusive evidence was discovered, although the ICTY was told that there were faint traces of blood in a building known as the Yellow House and that a few, mostly empty, drug containers had also been found. If K144 had indeed given a statement of the kind Marty suggests before March 2006 – when the Milosevic trial ended with the accused’s death – I would have known about it because of its possible ramifications for the prosecution case. Other lawyers would have known too and the information would have had to be handed over to Milosevic under tribunal rules. The Serbian newspaper Press has claimed that del Ponte based her allegations on K144’s statement. The ICTY has kept out of the controversy, saying nothing either way. Another Serb paper, Vecernje Novosti, has recently printed allegations made by a second witness, someone they call ‘Lj.K’, who claims personal knowledge of what happened. According to her, ‘a team of surgeons had been making decisions about the removal of organs. Hearts, bone marrow, corneas, kidneys and livers were removed from the kidnapped victims,’ and the removed organs were transported ‘in special portable refrigerators by private helicopters’. If these accounts have a factual basis one would think that rumours at least would have reached Milosevic from the intelligence services, which fed him information that he deployed remorselessly to attack prosecution witnesses. But he never mentioned any trade in organs. Marty, like del Ponte, is a Swiss lawyer – a former prosecutor in the canton of Ticino. His report is not, as he admits, a criminal investigation. It attempts a sweeping survey of Albanian clan life and its relationship with organised crime and argues that the 1998-99 conflict was a gangsters’ turf war rather than an insurrection against the Serbs. Organised crime in Kosovo, he asserts, is run by the current political elite, Thaci included. Marty also makes use of his immunity as a representative of the Council of Europe from pursuit for defamation and sets out details of the two organ harvesting schemes – one by surgery on captives, the other by the swindling of donors. He fails to demonstrate any connection between the two, however, beyond the fact that each involved Kosovan politicians. He suggests that the West was so keen to back the Kosovo Albanians that they could get away with anything – even trading in body parts – under the noses of Western observers. Marty’s report states: ‘It was in … Fushë-Krujë that the process of ‘filtering’ purportedly reached its end-point, and the small, select group of KLA captives who were brought this far met their death. There are strong indications, from source testimonies we have obtained, that … some of these captives became aware of the ultimate fate that awaited them [and] are said to have pleaded with their captors to be spared the fate of being “chopped into pieces” … When they were physically examined by men referred to as “doctors”, the captives must have been put on notice that they were being treated as some form of medical commodities … Captives were killed, usually by a gunshot to the head, before being operated on to remove one or more of their organs … This was principally a trade in “cadaver kidneys”, i.e. the kidneys were extracted posthumously; it was not a set of advanced surgical procedures requiring controlled clinical conditions and, for example, the extensive use of anaesthetic … As and when the transplant surgeons were confirmed to be in position and ready to operate, the captives were brought out of the “safe house” individually, summarily executed by a KLA gunman, and their corpses transported swiftly to the operating clinic.’ ‘In the interests of balance’, Marty admits that some reports have ‘tended to dramatise the facts unduly … we have found no basis for the allegation that certain victims had one kidney removed before being “sewn up” again.’ That detail always seemed fanciful, like the accounts of war criminals in Bosnia playing football with severed heads, for which similarly there is no hard evidence. Marty doesn’t explain why this expensive process – doctors and intermediaries would have had to be paid enough to ensure they kept quiet, helicopters would have had to be hired – would have seemed a better idea than, say, the lucrative trade in smuggled tobacco in which Montenegro and Serbia as well as Kosovo have long been involved, or the drug trade. Given all this, has Thaci succeeded in avoiding justice? Other KLA leaders have had to stand trial and a few of them are to be re-tried, including Haradinaj, who is accused of witness tampering at his first trial. One suggested explanation for why Thaci was not charged is that Madeleine Albright ordered the tribunal not to indict him; del Ponte says there was insufficient evidence against him. So why did his name suddenly become attached to the allegations about the organ trade, probably the least plausible of the many he has faced? Why does del Ponte claim that he could not have been tried at the ICTY? Executing and butchering prisoners of war during or immediately after an armed conflict would certainly qualify as a war crime. The cut-off date for new indictments at the tribunal was January 2004, but something as serious as these alleged crimes might have been given special dispensation by the UN. The evidence should, in any event, have been dealt with by the tribunal and not published in a memoir. Appearing two years after del Ponte’s book, the Marty report doesn’t go beyond the rumours she made public and which Serb websites and newspapers have been repeating and embellishing ever since. Marty keeps his sources hidden for fear – we are told – that they might be harmed by the Kosovans involved or even by Albanians more generally. Thaci himself says that these rumours ‘will not hold him back’, and that the accusations were made by a ‘network which opposes Kosovo’s independence’. In an interview with the Pristina-based newspaper Express, he said he was ‘accustomed to such accusations’ and believes that ‘Marty was not alone in this process, but rather that there was an “anti-independence club” behind him.’ Might he be right? Marty has recently taken care to ‘clarify’ his findings, saying in an interview that his report made no claim that Thaci was personally involved in the organ trafficking; but in reality the allegations stand, and the damage has already been done. Kosovo declared independence in 2008, soon after Thaci became prime minister, and began to lobby for the support of the two-thirds majority of UN member states needed to secure formal recognition. Last July the ICJ in The Hague ruled against Serbia’s challenge to the legality of any declaration of independence. Kosovo is on its way to becoming a UN member: 74 states already recognise it. Is Serbia using these allegations against Thaci in an attempt to block it? The Serbian president, Boris Tadic, said publicly a few weeks ago that ‘Serbia has been waiting for years for such a report’ – i.e. one that didn’t blame the Serbs for all the terrible things that happened in the former Yugoslavia. These new allegations against Thaci need to be dealt with, however. There is a parallel with the position of Milo Djukanovic, who has been either premier or president of Montenegro almost continuously since 1991. As a young man he was heavily involved with Milosevic. Between 2002 and 2009 he was the subject of an investigation into tobacco smuggling by the Italian authorities, and it is still hanging over him. Montenegro, like Kosovo, can readily be trashed as a criminal state; also like Kosovo, it seeks membership of the EU. Djukanovic has just announced that he will stand down and cease to hold political office. This, some say, is intended to ease Montenegro’s entry into organisations that are prepared to negotiate with the likes of Djukanovic or Thaci when their states are emerging from conflict but want afterwards to deal with someone less compromised. Thaci might well have to follow the same path as Djukanovic if the current rumours continue to circulate. Geoffrey Nice is a barrister at Temple Garden. He was deputy prosecutor at the trial of Slobodan Milosevic. This article originally appeared in London Review of Books, Vol. 33, No. 3, dated 3 February 2011
www.bosnia.org.uk/news/news_body.cfm?newsid=2786
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Post by mel on Mar 8, 2011 4:37:41 GMT -5
Another article this time on the Wall Street Journal:
Monday, February 7, 2011 Denis MacShane, U.K. Parliament Member Says Witness "K144", Against Prime Minister Thaci, Appears To Be The Invention Of The Belgrade Media
Last month the Council of Europe adopted a report by Swiss politician Dick Marty, which accused the prime minister of Kosovo, Hashim Thaci, of having harvested organs for sale from executed Serb prisoners in 1999. The allegations made world headlines. After the Iraq war controversy, the message was clear: The West's intervention in Kosovo 12 years ago was also wrong. The problem is that the Marty report seems more politically motivated fiction than hard-nosed criminal investigation.
Sir Geoffrey Nice, one of Britain's most respected international lawyers, quietly deconstructed Mr. Marty's report in last week's London Review of Books. Mr. Nice, who as deputy prosecutor at the International Criminal Tribunal for the former Yugoslavia in the Hague was in charge of prosecuting Slobodan Milosevic, and who was present when Bosnians and Kosovars were brought to trial at the Hague, accuses Mr. Marty of ignoring basic standards of evidence. According to Mr. Nice, Mr. Marty did not identify a single victim supposedly killed on Mr. Thaci's orders and fails to "demonstrate any link" between later scandals of a clinic in Pristina involved in kidney harvesting and Mr. Thaci's former role as political leader of the Kosovo Liberation Army in 1999.
Most troublesome, according to Mr. Nice, is that Mr. Marty's narrative implicitly depends on an anonymous witness, "K144," who Belgrade says has provided evidence of these atrocities, but who most likely does not exist. Mr. Nice confirms that all the Hague witnesses dealing with Kosovo were given the initial "K" and a number. But the last number used was "K116" and no one involved in the Hague trial knows of a witness "K144." Further, writes Mr. Nice, "If K144 has indeed given a statement of the kind [Mr.] Marty suggests before March 2006—when the Milosevic trial ended with the accused's death—I would have known about it."
"K144" appears to be the invention of the Belgrade media, which regularly whip up nationalist and revanchist passions. This populism makes it hard, almost impossible, for Serb leaders to conclude an agreement with Kosovo that would allow both nations to advance to a European future.
Mr. Marty also seems to rely heavily on a 2008 book published by Carla del Ponto, the Swiss-Italian prosecutor, who for a while was Mr. Nice's boss at the Hague. But Ms. del Ponte also failed to produce any real evidence in her book.
Mr. Marty, a member of the upper house in the Swiss parliament, is a forceful politician who robustly defends Swiss banking secrecy in Council of Europe debates. The thing to remember about the Council of Europe is that it is not a cozy group of human rights parliamentarians. Instead, it is a deeply political body. When it comes to issues related to the former Yugoslavia, the Council is clearly divided between politicians aligned along a Belgrade-Moscow axis and those from countries that have now recognized Kosovo.
The latter group would like Belgrade to finally overcome the 1990s and to accept that its former domination of the now separated states in the former Yugoslavia will never return. But for Russian members and other anti-Nato politicians at the Council of Europe it is important to assert that NATO's 1999 intervention was illegal and that Kosovo's declaration of independence—now validated by the International Court of Justice—should not lead to full statehood.
Mr. Nice puts it, well, nicely, when he asks if the Marty and del Ponte allegations are "part of a media campaign to obstruct the recognition of Kosovo as an independent state." The answer for anyone who has attended Council of Europe assemblies and committee meetings in recent years can only be "yes."
One article in a British literary magazine cannot counter the avalanche of headlines in December accusing Mr. Thaci of organ harvesting. But Mr. Nice has taken apart the Marty report with forensic precision. Perhaps the Council of Europe should organize a debate between the British and Swiss lawyers.
But it's not just the Council of Europe that needs to examine more critically whether it should allow its name to be used to promote wild allegations. The Western media, too, need to reassess their practices. By uncritically swallowing the Marty line, they have acted, unwittingly, as aides in a political campaign against Kosovo.
The real way forward is to hold a credible inquiry into the crimes committed by both parties, Serbs and Kosovar Albanians alike. Such an inquiry, though, must not be allowed to hold up Kosovo's independence. It is time for Belgrade to move on from its destructive opposition that is blocking regional progress.
DENIS MACSHANE Mr. MacShane, a member of the U.K. Parliament, was Minister for the Balkans between 2001 and 2005 and U.K. delegate to the Council of Europe between 2005 and 2010.
(The Wall Street Journal)
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Post by mel on Mar 8, 2011 4:40:19 GMT -5
A counter point of view - against Denis and Nice taken from the website KosovoCompromise which seems like a propaganda website:
Coverup of the Kosovo Mafia: The Culture of Impunity, NATO Style
On January 25, the Council of Europe overwhelmingly endorsed the Report it had commissioned from Swiss Senator Dick Marty on longstanding but officially ignored indications that Kosovo Albanian separatist fighters extracted and sold vital organs from prisoners around the end of the 1999 NATO bombing war that detached Kosovo from Serbia.
(Diana Johnstone, Center for Research Globalization) Wednesday, February 16, 2011
Specifically implicated was the Drenica section of the "Kosovo Liberation Army" (KLA) led by post-bombing Kosovo's first and current President, Hashim Thaci. The Council of Europe, whose main function is to defend human rights, called for a proper judicial investigation, notably by the European Union Rule of Law Mission in Kosovo (EULEX)
The problem created by the Marty Report is the same as the one that gave rise to it. There is no clear judicial authority willing and able to undertake a criminal investigation of the organ trafficking charges. The charges first surfaced in the 2006 memoir of former Chief ICTY Prosecutor Carla del Ponte, who complained that she was not allowed to pursue investigation of evidence in Albania. It was because of this judicial void that the Council of Europe mandated Senator Marty to make his report, hoping to stimulate some sort of legal procedure. But the problem remains. Most of the alleged crimes took place on the territory of Albania, where the KLA operated bases and prisons, but the Albanian authorities have so far refused to cooperate with investigators. EULEX was sent to Kosovo to try to fill the judicial void left by secession. However, like all the international protectorate structures set up to construct "independent" Kosovo, EULEX is afraid of arousing the wrath of Kosovo Albanians and has great difficulty gaining their cooperation in criminal investigation.
Media coverage of the organ trafficking charges implicating Hashim Thaci has been far too muted to build pressure from public opinion on reluctant Western governments to take the issue to court. Human Rights Watch has called for an independent European prosecutor to pursue the case, but there has been no audible response from the governments concerned. Mr. Marty's expressed fear that his report will remain a "dead letter" seems quite plausible.
Even as the Marty Report appears fated to join the Goldstone Report on Gaza in the limbo of good intentions, the counterattack was launched. Oddly, the London Review of Books chose to publish a five-page review of the Marty Report by someone with a strong vested interest in discrediting it: none other than Geoffrey Nice, who as assistant prosecutor at the International Criminal Tribunal for former Yugoslavia (ICTY) in The Hague, led the prosecution of Yugoslav president Slobodan Milosevic. Nice's only real achievement in the five-year-long trial was to outlive both the presiding judge and the defendant. The monstrous dimensions of the prosecution, aimed at blaming Milosevic for virtually all the woes of the complex civil wars that tore apart Yugoslavia in the 1990s, succeeded in sending Milosevic to his grave before he could present his defense, thus sparing the three judges the task of finding excuses to convict him, as they were hired to do.
The LRB review gave Sir Geoffrey (he was knighted in 2007 for his services) the opportunity to rehash the ICTY prosecution version of NATO's Kosovo war (the "objective was to forestall a humanitarian catastrophe") complete with the standard exaggerated figures ("at least 10,000 Kosovo Albanians killed") and crucial omissions (Hashim Thaci "was chosen to go to Rambouillet in preferance to the Kosovan president, Ibrahim Rugova" - without saying by whom he was chosen, namely the U.S. State Department).
Nice's main diversionary tactic was to center his attack on an unidentified "witness K144". He titled his review "Who is K144?" and went on to answer the question by claiming that K144 was both the basis for the Marty Report accusations and non-existent creation of Serbian media propaganda. A hasty reader might overlook the parenthetical element in the following sentence: "Stories in the Serbian press suggest that many of these allegations came from a witness known as K144, although del Ponte never refers to this source in her book (and nor does Marty, directly)." In reality, there is no "witness K144" mentioned in the Marty Report. Nice's citations from the Serbian press do not correspond to the Marty Report.
The Nice article was immediately echoed and amplified by an article in The Wall Street Journal, which enjoys a larger and more American audience. Under the title "Smearing Hashim Thaci: Are the organ-harvesting allegations part of a media campaign against Kosovo?" (conclusion: yes) British journalist and Member of Parliament Denis MacShane gave a rave review of Nice's review. "Most troublesome, according to Mr. Nice, is that Mr. Marty's narrative implicitly depends on an anonymous witness, ‘K144', who Belgrade says has provided evidence of these atrocities, but who most likely does not exist."
Denis MacShane is a prize attack dog from the kennel of Tony Blair's poodle imperialism. He is a member of the Henry Jackson Society, a gathering of warmongers whose model is the "Senator from Boeing", Henry "Scoop" Jackson, who in the 1970s, with the aid of the Richard Perle, championed aggressive anti-Soviet policies under a supposedly liberal banner. MacShane's claim to be "on the left" seems to rest almost exclusively on his championing of "the only democracy in the Middle East", which allows him to make up for the shortage of communist threats with Islamic terrorism. His "European Institute for the Study of Contemporary Antisemitism" issued a 2009 report which undertook to define which kinds of criticism of Israel constitute anti-Semitism. These included describing the state of Israel as a racist endeavor and comparing contemporary Israeli policy to that of the Nazis. He is on the board of "Just Journalism" whose aim is to oversee UK media reports on Israel.
Mr. MacShane was Labour Minister for the Balkans and then for Europe, but was suspended from the Labour Party last October 14 pending investigation of expense account padding. He reportedly became the first British MP to be reported to the police by the Parliamentary Commissioner for Standards concerning his claims on taxpayer-funded office expenses. MacShane's claims over seven years totaled about £125,000, including nearly £20,000 a year for an office located in his garage, eight laptop computers in three years and over a dozen bills for "research and translation" by an elusive "European Policy Institute" which turned out to mean, basically, his brother Edmund Matyjaszek (for his professional life, MacShane dropped his father's Polish name for his mother's Irish name surname). He has also been involved in numerous minor scandals involving distortion of facts. None of this seems to have harmed his self-confidence or his career, which includes regular essays for Newsweek. From his writings one can gather that the only Muslims he really trusts are the ones in former Yugoslavia.
Aside from the K144 diversion, the Nice-MacShane attack on the Marty Report zeroes in on two factors that to readers unfamiliar with the case may look like serious weakness. The report, they stress, gives no names of victims and no names of witnesses. The explanation for this is simple. There are indeed lists of potential victims: missing Serbs and ethnic Albanians who are presumed dead after being taken prisoner by the KLA. Without material evidence, it is nearly impossible to ascertain the precise fate of missing persons over ten years ago in a country, Albania, where local authorities have refused to cooperate and have had ample time to dispose of evidence.
As for the names of witnesses, Mr. Marty refuses to disclose them except to serious judicial authorities with a witness protection program. This caution is absolutely necessary given the record of witness intimidation and even murder, notably in the case of Thaci's rival in the KLA hierarchy, clan leader Ramush Haradinaj. Sir Geoffrey refers to this politely as "accusations of witness tampering".
Geoffrey Nice concludes his review in the LRB by conceding that the allegations against Thaci need to be dealt with, simply because they make a bad impression. Mr. Nice compares Thaci to the West's man in Montenegro, Milo Djukanovic, accused by Italian authorities of large-scale cigarette smuggling. "Montenegro, like Kosovo, can readily be trashed as a criminal state; and also like Kosovo, it seeks membership of the EU. Djukanovic has just announced that he will stand down and cease to hold political office. This, some say, is intended to ease Montenegro's entry into organizations that are prepared to negotiate with the likes of Djukanovic or Thaci when their states are emerging from conflict but want afterwards to deal with someone less compromised. Thaci might well have to follow the same path as Djukanovic if the current rumors continue to circulate."
Taking into account the habitual understatement employed by Geoffrey Nice concerning the wrongdoings of "our side", this can be read as acknowledgement that both NATO protégés are crooks to some degree or other, who were useful in wresting their lands away from the Serbs, but now had best step back to make way for more presentable puppets. Being prosecuted for those wrongdoings, whatever they may be, is, however, out of the question.
Human rights campaigners in the self-righteous Western democracies are intransigent when it comes to ending what they call "the culture of impunity" so long as it involves, say, Africa. But their own impunity and that of their clients seems more secure than ever.
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Post by mel on Mar 11, 2011 5:46:22 GMT -5
finally the famous yellow house has its own website, check it out: yellowhousealbania.com/interesting testimonials ...
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rex362
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Post by rex362 on Mar 16, 2011 11:43:29 GMT -5
Marty been duped by the serbian dupers
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