Bosch: Kosovo’s new president could perhaps pardon those convicted by the Specialist Court

Former Dutch ambassador to Kosovo Robert Bosch has described as scandalous the verdict handed down by the Specialist Court against the four Kosovo Liberation Army commanders led by former president Hashim Thaçi. In an interview with KosovaPress, he expressed astonishment that neither the trial panel nor the prosecutors took into account the wartime circumstances in Kosovo or the statements of international experts who had dealt with it more than a quarter-century ago.

“I think it is a scandalous decision. But of course it is clear that the judges and prosecutors did not listen to the experts and what the experts told them about the KLA structures — that there was no such structure. This was emphasized by Mr. Clark, Mr. Hill, Mr. Rubin and all the other experts, the real experts.

“I have emphasized this myself, but of course they don’t listen to me at all, because, as you know, I was the contact person between the Ministry of Foreign Affairs and the Ministry of Defence at the time.

“And this is what they always said: the KLA are ‘boots on the ground’, the forces on the ground, but it is very difficult to communicate with them because there is no structure.

“So how can you accuse Thaçi and Rexhepi of coordination when there was no coordination? And also what people don’t understand and forget is that this happened 26 years ago. At that time there were no mobile phones, the iPhone did not exist. You had to communicate via satellite phone. And the satellite phone — I used it myself — very often did not work. That is why it was very difficult to have any coordination,” Bosch said.

According to the diplomat, who has on several occasions admitted regretting having been on the side that demanded the establishment of the Specialist Court, time has shown that it should cease to exist.

“In my view, this entire court should not have existed. It all came about because of the Marty report. The Marty report spoke of organ trafficking. Had that been true, it would of course have been terrible.

“And for that reason everyone became alarmed and said: ‘Oh, it’s terrible, terrible, terrible.’ They believed Marty and said this must be investigated seriously. And so it all began.

“After Judge Williamson investigated and it turned out this was not true, that there was no organ trafficking, that they were simply made-up stories, then, of course, they should have stopped.

“They should have stopped. There was no longer any reason to continue, because that was the real reason. So this entire court should not have been there and should never have existed,” he said.

Bosch, who is dismayed by the first-instance verdict, now expects no good news from the second instance. What surprises him is the nationality of those administering justice in this process.

“Yes, I don’t expect much if they are again the same people who must review their own work… because more or less they are the same. For some reason, they are all people from the United States, while this is a Kosovo court paid for by Europeans, and they are all American prosecutors and judges.

“I understand nothing. I don’t understand how such things can happen. I don’t know,” Bosch said.

Yet in this situation created by the draconian sentences, Bosch sees a way out — through Kosovo’s institutions.

“But be that as it may, the judge began by saying that this was a Kosovo court.

“And then I thought — perhaps what I’m saying is nonsense — but if it is a Kosovo court, then when you finally have a president, couldn’t the president pardon them all?

“In a normal state, the president has the authority to pardon certain persons.

“If this is truly a Kosovo court and when finally… when LDK and VV finally reach an agreement to elect the president, couldn’t this president pardon them?

“I’m just asking, but it would be logical.

“If they claim to be a Kosovo court, then they fall under Kosovo’s jurisdiction. And who is the boss in Kosovo? It’s not them, it’s the president, isn’t it?

“Anyway, to end on a positive note, perhaps it’s a good idea,” he said.

And until that happens, the Dutchman is convinced that the only winner in this process is Serbia.

“This, of course, is very negative for Kosovo. Very negative. But then again, this is good only for the Serbs. The Serbs are very happy. And I still think this whole thing is very strange. The Marty report even said that most of the crimes were committed by the Serbs. Then how is it possible that there is no special court against the Serbs? They have not punished their own people. They are sitting in government. One of the most criminal persons is at the head of the armed forces and they are just sitting there laughing,” Bosch said.