Emmerson in the request for the release of Vesel: he has never met Bllaca, he worked for the Serbian secret service
Ben Emmerson, the lawyer of the ex-parliamentarian Kadri Veseli, has submitted the next request to the Special Court for the release of his client from detention.
Veseli’s defense reminds that the Special Police is keeping all the accused in custody, considering this as alarming, Rhewal reports.
“For an institution that is supposed to adhere to the highest standards of human rights, this practice is not just “deplorable”. It is alarming,” the petition published on Monday reads.
Vesel’s defense, led by Emmerson, also considers the way Specialja views the role of the Kosovo Police to be disturbing.
“A crucial part of this court case concerns the lower courts’ misunderstanding of the role of the Kosovo Police in the process of determining whether temporary release should be granted. Unlike international courts, DHSK is a domestic court. The Kosovo Police is not an organ of a third country, and concepts such as ‘undertaking’ or ‘guarantee’ are not applicable”, states the request of Vesel’s lawyers.
According to the Defense, the Appellate Panel of the Special Court has violated several articles of the European Convention on Human Rights, and specifically article 5 “by not issuing a quick decision regarding the continuation of the detention of Mr. Joy”.
Vesel’s defense mentions Nazim Bllaca, whose accusations seem to be the indictment against the former Speaker of the Parliament. Emmerson complained that the Appeal denied Veseli the right to adversarial proceedings regarding Nazim Bllaca’s claims, where, according to the defense, articles of the European Convention on Human Rights were violated.
“The defense recalls the following background to this matter: • [REDAKTUAR], Mr. Nazim Bllaca, among other things, claimed that he and other persons acting as members of SHIK were involved in witness incidents, interference and intimidation. [REDAKTUAR]. This claim has never been tested in a court case. Furthermore, on his account, [REDAKTUAR]. During the trial in 2012, three witnesses (including Mr. Veseli) testified under oath that Mr. Bllaca has never been a member or in any way connected with SHIK. Mr. Bllaca was unable to answer detailed questions about the top structures or organization of SHIK. This was also witnessed by Mr. Bllaca that he had never met Mr. Veseli”, says the request for release.
Further, it is said that Bllaca was discovered to be a paid collaborator of the Serbian secret service.
“SHIK’s involvement in the indicted murders, the District Court concluded that based on the evidence it was possible, but it was not proven beyond a reasonable doubt. A few years later, in 2019, investigative journalists uncovered documents showing that Mr. Bllaca was a paid informant and provocateur, working for the Serbian secret service,” the request states. It says that even after that, the ZPS accepted Bllaca’s accusations.
“The Appeals Board made a number of material and legal contributions. First, it engaged in an analysis of Judgment P592/11 regarding Mr. Bllaca and his alleged membership in SHIK that has far exceeded the scope of appellate review. The pre-trial judge never considered Judgment P592/11 in light of the question of whether Mr. Bllaca was once a member of SHIK. He simply noted: that the District Court in Prishtina/Priština considered it possible that SHIK was involved in the three counts of aggravated murder, attempted kidnapping, and attempted aggravated murder, respectively, even though the court could not to make such a finding beyond reasonable doubt”, argues Vesel’s Defense.
Veseli’s lawyers state that “the Appellate Panel erred in finding that it was impossible to consider documents in the Serbian language” in relation to the published documents arguing that Bllaca was an associate of the Serbian secret service.
The defense also assesses that the Special is underestimating the role of the Kosovo Police, which has offered some guarantee measures in case of Vesel’s conditional release “to avoid any further suspicion”.
Thus, the Defense requests that the Special Court of Appeals accept this request and temporarily release Veseli, accompanying this with any condition it deems necessary and proportionate.