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In a message dated 20/06/01 10:13:58 Eastern Daylight Time, 
[EMAIL PROTECTED] writes:

<< Amnesty and UN staff accuse Kosovo war crimes tribunal of ethnic bias 
 Nicholas Wood in Pristina
 Wednesday June 20, 2001
 The Guardian 
 Human rights observers have accused the UN mission in Kosovo of continued 
ethnic bias in its judicial system and making "politically driven decisions", 
in spite of the appointment of international judges and prosecutors. 
 The allegations, made yesterday by UN legal advisers and the human rights 
group Amnesty International, follow the sentencing of a Serb man to 15 years 
in prison for taking part in the Racak massacre. 
 The massacre of 45 ethnic Albanians in January 1999 was one of the factors 
which eventually led to the Nato airstrikes against Yugoslavia; it is perhaps 
the most sensitive case from the Kosovo conflict. 
 Witnesses claimed that Zoran Stanojevic, 35, a Serb former policeman, was 
seen killing one of the victims, a 62-year-old man from Racak. 
 But UN legal officials say his trial was dogged by procedural irregularities 
and that trial testimony was contradicted by forensic evidence and initial 
witness statements. 
 According to one UN legal officer with knowledge of the case, the panel of 
two international judges and one Albanian judge had considered abandoning the 
trial for lack of evidence, "but they didn't dare to do it. Politically 
speaking it was not possible. 
 "The people of Racak would have been furious. Racak is a symbol of what 
happened during the war for all Albanians. They gave in to pressure, pressure 
that was exerted through out the case." 
 The court had to abandon a reconstruction at the scene on two occasions 
after being threatened. On the first, two men, one armed with a Kalashnikov 
and another with a pistol, forced court officials to leave saying: "We don't 
want any Serbs in our village." On the second, a crowd of villagers denied 
them access. 
 A reconstruction of events later went ahead but without the accused or a 
defence counsel, also a Serb, present. 
 Four key trial witnesses altered their testimony between giving statements 
to members of the international criminal tribunal for Yugoslavia and 
appearing in court. Two witness claims that victims had been shot though the 
front of the head were contradicted by forensic evidence. 
 Tome Gashe, a lawyer representing the victim's family, warned the judges 
during his summing up that unless they found Stanojevic guilty, "people will 
doubt the justice system". 
 "They believe they will have to take justice into their own hand," he added. 
"They will be forced to revenge what happened to their closest ones since it 
will be impossible for them to find peace, and as a result of this revenge, 
innocent people may be victimised." 
 Stanojevic's trial comes two years after the UN set up the judicial system 
in Kosovo. 
 A year ago it announced that it would introduce increased numbers of 
international judges and prosecutors to eliminate perceived bias in court 
cases. 
 But Amnesty International remains extremely concerned. "Despite the 
appointment of international prosecutors and judges to the Kosovo courts, the 
judicial system in Kosovo continues to be seriously flawed," a spokeswoman 
said. 
 "From cases of unlawful pre-trial detention to procedural breaches in the 
conduct of trials, the administration of justice fails to be conducted in a 
manner consistent with international human rights standards." 
 A senior UN legal official said the Stanojevic trial reflected weaknesses 
throughout the Kosovo judicial process. "The quality of evidence is very very 
poor and relies on testimony for which there is very little supporting 
evidence. No one hesitates to make things up. International judges were meant 
to alleviate concerns over bias and set a standard for effective justice. It 
[the policy] does not seem to have worked." 
 Guardian Unlimited � Guardian Newspapers Limited 2001 
  >>




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Amnesty and UN staff accuse Kosovo war crimes tribunal of ethnic bias 
Nicholas Wood in Pristina
Wednesday June 20, 2001
The Guardian 
Human rights observers have accused the UN mission in Kosovo of continued ethnic bias 
in its judicial system and making "politically driven decisions", in spite of the 
appointment of international judges and prosecutors. 
The allegations, made yesterday by UN legal advisers and the human rights group 
Amnesty International, follow the sentencing of a Serb man to 15 years in prison for 
taking part in the Racak massacre. 
The massacre of 45 ethnic Albanians in January 1999 was one of the factors which 
eventually led to the Nato airstrikes against Yugoslavia; it is perhaps the most 
sensitive case from the Kosovo conflict. 
Witnesses claimed that Zoran Stanojevic, 35, a Serb former policeman, was seen killing 
one of the victims, a 62-year-old man from Racak. 
But UN legal officials say his trial was dogged by procedural irregularities and that 
trial testimony was contradicted by forensic evidence and initial witness statements. 
According to one UN legal officer with knowledge of the case, the panel of two 
international judges and one Albanian judge had considered abandoning the trial for 
lack of evidence, "but they didn't dare to do it. Politically speaking it was not 
possible. 
"The people of Racak would have been furious. Racak is a symbol of what happened 
during the war for all Albanians. They gave in to pressure, pressure that was exerted 
through out the case." 
The court had to abandon a reconstruction at the scene on two occasions after being 
threatened. On the first, two men, one armed with a Kalashnikov and another with a 
pistol, forced court officials to leave saying: "We don't want any Serbs in our 
village." On the second, a crowd of villagers denied them access. 
A reconstruction of events later went ahead but without the accused or a defence 
counsel, also a Serb, present. 
Four key trial witnesses altered their testimony between giving statements to members 
of the international criminal tribunal for Yugoslavia and appearing in court. Two 
witness claims that victims had been shot though the front of the head were 
contradicted by forensic evidence. 
Tome Gashe, a lawyer representing the victim's family, warned the judges during his 
summing up that unless they found Stanojevic guilty, "people will doubt the justice 
system". 
"They believe they will have to take justice into their own hand," he added. "They 
will be forced to revenge what happened to their closest ones since it will be 
impossible for them to find peace, and as a result of this revenge, innocent people 
may be victimised." 
Stanojevic's trial comes two years after the UN set up the judicial system in Kosovo. 
A year ago it announced that it would introduce increased numbers of international 
judges and prosecutors to eliminate perceived bias in court cases. 
But Amnesty International remains extremely concerned. "Despite the appointment of 
international prosecutors and judges to the Kosovo courts, the judicial system in 
Kosovo continues to be seriously flawed," a spokeswoman said. 
"From cases of unlawful pre-trial detention to procedural breaches in the conduct of 
trials, the administration of justice fails to be conducted in a manner consistent 
with international human rights standards." 
A senior UN legal official said the Stanojevic trial reflected weaknesses throughout 
the Kosovo judicial process. "The quality of evidence is very very poor and relies on 
testimony for which there is very little supporting evidence. No one hesitates to make 
things up. International judges were meant to alleviate concerns over bias and set a 
standard for effective justice. It [the policy] does not seem to have worked." 
Guardian Unlimited � Guardian Newspapers Limited 2001 


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