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Albin Kurti's
Trial
In the
Department of Justice press release published and broadcast on
5th of June 2007, which stated that the International
Prosecutor had filed an indictment against me, the expression
“violent Vetëvendosje protest” was used. This is preposterous.
First, it is disgracefully biased. Second, it is both false
and malicious. By attacking the protest through this press
release, it thus confirmed the political motivation of those
who compiled it.
The protest was not violent. We, activists of Lëvizja
VETËVENDOSJE! (Movement for Self-Determination) together with
several thousand citizens who joined us, were marching
peacefully in the “Mother Teresa” Street on 10th of February
2007, as planned and announced two weeks before. The Police
Force was violent. They stopped our march by blocking the
street. In addition, the Police Force used deadly violence.
They shot directly at us from short distance with out-of-date
rubber bullets. The Romanian Formed Police Unit (FPU) fired a
total of 144 rounds of rubber bullets while the Polish FPU
fired 89 rounds of rubber bullet ammunition. Two demonstrators
were killed, 82 injured, several of them very badly.
In the First Report of Task Force “10.02.2007” submitted to
the Public Prosecutor on 16th of April 2007, page 28, we learn
the following from the statement of the Romanian member of
Formed Police Unit, DENES Lorand Levente, DOB 290372:
“Approval to use tear gas and rubber bullets came from
Romanian FPU Commander OLARU who got approval from UNMIK”. On
page 24 of the same report, it is mentioned in the summary
statement of MOCANU Mugurel-Florin, DOB 050376, that: “He
heard that FPU Deputy Commander FILIPAS told Platoon Commander
that use of tear gas and rubber bullets was authorized… he did
not hear any warnings given to the demonstrators.” Therefore
there was a hierarchy with its political head in UNMIK, there
was lethal weaponry, obviously not for exhibition but for use,
and the intention to leave demonstrators unprepared by not
warning them about the use of rubber bullets.
In this interim report International Prosecutor Robert L.
Dean, referring to the death of Mon Balaj and Arben Xheladini
and the wounding of Zenel Zeneli, says “The crime in question
for which reasonable suspicion exists are Murder, Negligent
Murder, Attempt to Murder, and Grievous Bodily Harm”. Likewise
the first sentence form the “Conclusion” of this report is:
“The evidence to date leads to the conclusion that death of
Mon Balaj and Arben Xheladini were unnecessary and avoidable”.
Robert L. Dean doesn’t mention ANYWHERE in his lengthy report
the expression “violent protest” as the Department of Justice
did.
On 10th of February 2007, I was hit several times with
truncheons by UNMIK police after they failed to kill me. An
activist of the Movement saved me by removing the rifle of an
UNMIK policeman, who was a couple of meters away, pointing at
me with his gun. Those UNMIK police criminals left the crime
scene, they went back to Romania free from the law, and there
they were praised and promoted. License to kill and order to
murder were joined by permit to leave the crime scene.
Instead, the judicial system prosecutes me, one of the victims
of police violence. The judicial system is continuing the plan
of the police, and the action of the police. The judicial
system is police justice. International prosecutors and
judges, who deal with me, just as their colleagues from the
police, are immune from the law by which they accuse and keep
me in prison. Their rule is arbitrary and hence cannot in any
way be legitimate.
On 10th of February the crowd didn’t commit a criminal
offence. The Police committed grave criminal offences. On 10th
of February it was not me obstructing official persons in
performing official duties, but they who obstructed our
peaceful march. Moreover, we saw what the official duties of
those policemen were: Shooting at demonstrators. The Police
intervention was violent with tragic consequences. Judicial
non-intervention regarding the police crime is just a criminal
supplement to this. This political trial against me is a
criminal substitution attempting to mask the crime and divert
the attention of the public.
Since the report of the International Prosecutor, Robert L.
Dean, has made it impossible for the court to make me
responsible for the crimes committed by UNMIK police, they
have now constructed new arguments based on what might have
happened if the protest of the 10th February had continued
without police intervention. You only have to consider any one
of the other demonstrations organized by Lëvizje VETËVENDOSJE!
to know that all of them have been completed without a single
injury, without a single death, in a disciplined and organized
manner, and according to our plan. Those demonstrations were
never violent. It is true that we threw bottles of paint on
PISG and UNMIK buildings. We used force against these
buildings, but not violence, since you cannot be violent
against an object. There can be violence only when used upon
an agent that has, at least, the capability to resist it.
Buildings do not have that capability. Our actions are not
even acts of vandalism. Vandalism is a wilful wanton and
malicious destruction of the property. Key word here is
wanton. Our actions are provoked and motivated. The political
process in Kosova is both the motivation and the provocation.
It is motivating because of the possibility and the energy
that people of Kosova have to change the current direction of
the political process towards its will and interests. It is
provoking since it is a political process that is seriously
damaging the current and the future of Kosova, and the
wellbeing of its people. The only time that general danger has
been caused in one of our protests was as a result of the
criminal acts of the police on the 10th February.
The politicians and policemen who planned and ordered the
crime of 10th of February either didn’t leave behind any
official documents or they don’t allow their publication. Yet
even the documents produced by the court or prosecution are
either political or come from the police. In the decision
replacing detention with house arrest, based on the ruling of
10th of May 2007, signed by Vinod Bolell, among other things
it is written: “On a question by the Court that it is the
right of citizens in democratic countries to engage in a
peaceful demonstration without prejudicing the wellbeing of
the other citizens, the Public Prosecutor tried to link the
danger that the defendant represents to the future status of
Kosovo.” This is yet more evidence that this process against
me is politically driven. It was not necessary to wait long
for new evidence. Only one day after, when house arrest was
revoked and I was sent back to prison, the same pre-trial
judge in his decision wrote: “… the defendant did not live up
to the trust that Public Prosecutor put in him that he would
have more respect for the judiciary”. Thus, they would release
me on condition that I subjugate myself to judiciary. The
Court was missing my respect. It felt somehow incomplete
without my respect that it won’t ever have. Similarly, on 13th
of June 2007, a new house arrest, now five days long, again
was replaced with jail. Besides reasoning about my stand
towards the regime in the formally ‘new’ decision, but
essentially old one, it was written: “…he is also involved in
the present illegal campaign at the moment being waged by the
same organization where all public garbage containers in
Kosovo have been labelled with words PAKOJA E AHTISAARIT which
means “Ahtisaari package”, again showing his organisation’s
disdain and contempt for all that represents the legitimate
authority of Kosovo by again damaging public property and
manifestly disrespecting UNMIK administration”. Your court is
here to defend the regime from citizens. Justice is on the
opposite side to this: ensuring the rights of the citizens to
protect them from power.
The extensions of pre-trial detention showed that the Court
above all is interested for my isolation at present and in the
future. The past always was merely an excuse. Since the regime
cannot influence me, by using courts, it wants me not to have
influence in Kosova. It is clear that I am not being judged. I
am being prejudiced because my character is being judged. The
judges and prosecutors mainly were applying three alleged
reasons for the extension of detention. First, they said I
shouldn’t be released since I could escape from Kosova. If
they would really be convinced that I would leave Kosova then
certainly they would release me. Their problem is precisely
the fact that I would stay in Kosova to act here. Second they
said that I could repeat the criminal offence. Not only am I
not guilty for what I did, but I would consider myself very
guilty if I did not organize demonstrations against the
package of Ahtisaari, which through ethnic decentralization
chops the territory of Kosova into pieces and with religious
“exterritorialy” alienates its culture and history. And,
third, they speculated that I could intimidate witnesses.
Prosecutor Cecilia Tillada on 13th of February 2007 has said:
“… there is grounded suspicion that Mr. Kurti because of his
influence might obstruct the process of criminal proceedings
by intimidating witnesses.” The truthful witnesses of the
crimes of the 10th of February are the policemen who were
colleagues of the murderers of Mon and Arben. They’ve all
escaped. They are frightening as they were associates in the
crime. Not only have I never intimidated or frightened anyone
in my entire life but continuously, and in particular now with
this staged process, I am threatened and endangered by a
politicized police and police policy, whose extended hand is
this court.
In this process nobody represents me but myself. The lawyer
was appointed by you. He was your choice not mine. The
judicial system in Kosova is institutionally within UNMIK. It
is neither independent nor impartial. UNMIK is an
antidemocratic regime and neocolonial administration. UNMIK
should leave Kosova. Sooner, better. For all of us. UNMIK’s
departure from Kosova should be matched with a referendum for
the people of Kosova, with the exercise of the right for
self-determination. This is what our Movement, and I as one of
its members, stand for and act for.
Despite the fact that I don’t recognize and accept this court,
neither the charge which anyway hasn’t been delivered to me,
finally I would like to thank the prosecutor for accusing me
of “Call to Resistance”. Resistance is my second favourite
word. If there is something that moved forward the human race
and society through history, it is precisely resistance and
the call for it. |