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View Full Version : 100 War Crimes Investigations Underway In Kosovo – Borchardt



Baluarte
06-14-2013, 09:00 PM
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PRISTINA – Head of EULEX Bernd Borchardt said on Friday that Kosovo and EULEX prosecutors are currently investigating 100 war crimes cases, adding that five war crimes trials are underway.

In a release, Borchardt says that EULEX inherited 1200 war crimes cases from UNMIK, 500 of which were closed or dismissed due to the lack of evidence.

Borchardt notes there are 300 cases pending with Kosovo and EULEX prosecutors within the Kosovo Special Prosecutor’s Office, adding that they also initiated 51 new war crimes cases.

“We have adjudicated 15 war crimes cases. Just under half of these (7) involved defendants of Serb ethnicity and just over half of these (8) involved defendants of Albanian ethnicity. We have an additional 13 arrest warrants against Serbian defendants, but they are outside the Kosovo legal jurisdiction,” the EULEX chief said.

“There are 216 active cases on Missing Persons,” Borchardt announced, underlining that EULEX prosecutors, like all other Kosovo prosecutors, do not pursue cases based on politics, but rather based on evidence.

“The majority of war crimes suspects for crimes committed against Kosovar Albanians during the war are Kosovo Serb, or Serbian nationals. But they are no longer in Kosovo,” he said.

“The judiciary of Kosovo (including EULEX) can conduct investigations against alleged perpetrators, but has only jurisdiction in Kosovo. We all follow Kosovo Law, and Kosovo Law says that nobody can be tried in absentia,” Borchardt said.

He also noted that the majority of Kosovo Albanian war crimes suspects committed crimes against fellow Kosovo Albanians.

The EULEX chief also spoke about the complexity of these cases, noting that many of these cases are now almost 15 years old, and take a very long time to prepare, and that “from initiating an investigation to a final adjudication can itself be a 5 year process.”

“Witness testimony is also incredibly fragile. By their very nature, witnesses have seen traumatic events. This makes them especially vulnerable to intimidation, either directly through private contacts, or indirectly, through public statements,” Borchardt noted.