*WITNESS REFUSES TO TESTIFY BECAUSE WITNESSES GET KILLED IN KOSOVO* 
<http://www.freerepublic.com/focus/f-news/1846078/posts>

*Sense News Agency ^ 
<http://www.freerepublic.com/%5Ehttp://www.sense-agency.com/en/stream.php?sta=3&pid=9776&kat=3>
 
*| June 5, 2007
**
*Former KLA member Shefquet Kabashi will be tried for contempt of court 
because he refused to answer prosecution questions at the trial of 
Haradinaj, Balaj and Brahimaj. The witness says he is not afraid of 
anyone. He won’t testify because he is “disappointed by the conduct of 
the prosecution” and because he does “not live in a normal state”. He 
lives in Kosovo, and witnesses get killed there*
After he read out the solemn declaration that he would speak the truth, 
prosecution witness Shefqet Kabashi, testifying at the trial of former 
KLA commanders, asked leave to make “a small clarification”. The 
presiding judge allowed it, and Kabashi “clarified” he did not want to 
testify against Haradinaj, Balaj and Brahimaj, and that he had come to 
the Tribunal because he had been “threatened by the people from the 
prosecution”.

The alleged threats were discussed in closed session, and than the 
Chamber ordered the prosecutor to begin the examination of the witness, 
reminding Kabashi that giving evidence before the International Criminal 
Tribunal was not a matter of choice, but his civic duty. The witness 
replied only to the first few questions the prosecutor asked him, 
concerning his identity, refusing to say anything about the events in 
1998 in which he had participated as a KLA member, and which he had 
described in a statement to the OTP investigators in May.

While he was aware of his civic duty, Kabashi explained it only 
applied “in normal states”. He himself did not live in such a state, he 
said. The lack of normalcy is evidences by the fact that “people are 
getting killed [in Kosovo] for no reason” and that he himself had been 
threatened after testifying under a pseudonym and with image and voice 
distortion in the trial of Fatmir Limaj and two other KLA members 
charged with crimes in the Lapusnik camp.

When the presiding judge said he was surprised the witness had decided 
to forego protective measures granted to him in this case, the witness 
explained that the protective measures “do not exist in real life, but 
only in the courtroom”. The fact that several protected witnesses who 
had testified in the Limaj, Musliu and Bala case were killed in the 
meantime corroborates his claim. “That is why I appeal to you on my own 
behalf and that of my friends to release us from the obligation to 
testify,” Kabashi said, adding he was “disappointed by the 
prosecution’s conduct”.

After the witness resisted all the efforts of the presiding judge to 
make him testify, the Chamber took the initial steps to prosecute 
Kabashi for contempt of court. It will state at a later date whether 
Kabashi will be prosecuted before the same Chamber or whether the case 
will be referred to the prosecution or another Chamber. The witness will 
for the time being be represented by Michael Karnavas, currently 
defending the former prime minister of the so-called Herceg Bosna, 
Jadranko Prlic.



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