While some in Kosovo expressed dissatisfaction with the decision of the judicial panel of the Specialist Chambers in The Hague to postpone for at least two months the announcement of the verdict against former leaders of the Kosovo Liberation Army (KLA) in the trial for war crimes and crimes against humanity, international justice experts say the postponement is common for a case of this magnitude.

In Kosovo, they feel that a judicial process – which began six years ago with the arrest and detention of former President Hashim Thaçi, former Speakers of Parliament Kadri Veseli and Jakup Krasniqi, and former MP Rexhep Selimi – is dragging on "unnecessarily" and is "diminishing" their faith in justice.

The verdict was expected to be announced in the middle of this month, about three months after the trial ended in February. And the decision to postpone it beyond July 20 was described as “unreasonable.”

The court – which is formally part of the Kosovo judicial system but is composed of international judges and prosecutors – justified the postponement by saying it was due to the “complexity of the case” without providing further explanation.

Two foreign experts on international law – Mathias Holvoet and Iva Vukusic – tell Radio Free Europe/Radio Liberty that there are several factors that have pushed the judicial panel to postpone the announcement of the verdict for at least two more months: the number of defendants, the volume of evidence, and the high number of witnesses.

“A common reason is the amount of evidence, which can reach tens of thousands of materials, the large number of pages and the difficulty of the arguments (legal complexity, requiring a lot of research and discussion by the drafters of the verdict),” says Vukusic, a historian from Utrecht University in the Netherlands and an expert on trials for crimes committed in the former Yugoslavia.

Vukusic, originally from Croatia and who has studied the Hague Tribunal process in depth, emphasizes that the number of defendants also increases the workload of the judicial panel.

All defendants have their own defense teams, and this, according to Vukusic, increases the workload for judges, because "each one can present different arguments or, sometimes, even try to shift the blame to someone else."

Thaci, Veseli, Krasniqi and Selimi are accused of acts such as murder, torture and persecution, allegedly committed during the years 1998-99 during the war for Kosovo's independence from Serbia.

All four have denied the charges and have pleaded not guilty to charges involving about 155 victims. Prosecutors have asked for them to be found guilty and sentenced to 45 years in prison each for the alleged crimes. More than 130 witnesses testified in the trial, while 160 other witness statements were received in writing.

Mathias Holvoet, a lecturer in international criminal law at the University of Amsterdam, says that this court case is "complex, there's no doubt about that," which is why such a postponement is coming.

"I think it's complex, first of all, because you're dealing with four defendants. So it's not just one that needs to be decided, it's four. So that makes it complicated," Holvoet points out.

What were the reactions?

There were reactions from the largest opposition party in the country to the incumbent prime minister.

The Democratic Party of Kosovo (PDK) – whose founders included former President Thaçi – said the postponement was “another blow to our faith in justice and an added injustice to the former KLA leaders.”

She called it a “silent punishment for them through repeated delays” in a response on May 6. The acting Prime Minister, Albin Kurti – who is a long-time critic of the court – said it is not being transparent with Kosovo.

"The Kosovo government does not have access to the dynamics and developments taking place in the Special Court, which is not characterized by transparency for our country, which it is said to serve. Once again, I emphasize that Kosovo needs a normal court, not special courts," Kurti told reporters on May 7.

The KLA War Veterans Organization also criticized the decision, saying on May 6 that it “deepens an unacceptable injustice and erodes the credibility of any institution that claims to uphold the rule of law.”

Holvoet says that, despite the reactions in Kosovo, the postponement of the announcement of the verdict in this case is not unjustifiable, given the complexity of the issue.

"When compared to other courts, for example, the International Criminal Court, when the trial is closed, sometimes it takes much longer to announce the verdict. So, from that perspective, I don't think it's unjustified that they take longer," Holvoet emphasizes.

A girl wrapped in the Albanian national flag and wearing a turban on her head participates alongside another girl with the KLA flag in defense of former Kosovo Liberation Army superiors, at Skanderbeg Square in Skopje, December 13.

But, according to him, in this case, the manner in which and when the Special Court announces such a postponement is very important.

The court announced in February, after the case closed on February 18, that the judges would begin deliberations to reach a verdict within 90 days, without specifying a fixed date. It also warned that the announcement of the verdict could be delayed by 60 days.

She announced this two-month postponement on May 6, shortly before three months had passed since the case was closed.

The court's Rules of Procedure and Evidence state that the trial decision is pronounced within 90 days after the conclusion of the court case and that there may be an extension of no longer than 60 days, except when absolutely necessary.

What is expected now?

The court said in its announcement that July 20th does not mean that the verdict will be announced that day, and warned that there may be another postponement if absolutely necessary.

Holvoet says another postponement could signal disagreements among the three judges who must decide on the verdict, even though unanimity is not required.

"If it continues to be postponed, then I think there are really disagreements on the fundamental issues. On liability, of course, and then also on sentencing. Because then maybe it's no longer about complexity, but maybe about disagreements between judges," he emphasizes.

The trial of former KLA leaders has met with widespread opposition in Kosovo, as it is seen as biased, as it does not include crimes committed by Serbs on the territory of Kosovo.

"Justice, not politics": Thousands march in support of former KLA superiors

Since then, large banners and posters with the message "Freedom has a name" and photographs of former KLA leaders have been placed throughout Kosovo.

There have also been protests against this process in The Hague, Pristina and other cities.

Thousands of citizens participated in the "Justice, Not Politics" protest on Kosovo Independence Day on February 17 this year in Pristina, in support of Thaçi, Veseli, Selim, and Krasniqi.

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