Media Analysis 12 November

Waiting for Annan (Zëri)
PM Rexhepi: An important step for economic development (Epoka e Re)
Our approach toward justice is the same as US justice toward Al Capone (Koha)
Zero megawatts from local production, very little light from imports (Koha)
IDPs from Kosovo file requests for returning usurped properties (Koha)
Why do UNMIK bureaucratic spokespersons oppose Rugova's presidential decree? (Bota Sot)
Prosecutor allows medical examination but won't release them on bail (Koha)
Indictment raised against Slavoljub Jovic (Koha Ditore)


Waiting for Annan (Zëri)
Zëri carries an editorial by Blerim Shala who says that UNSG Kofi Annan's visit to Kosovo aims to support SRSG Michael Steiner in uniting Mitrovica. Shala says that if UNMIK and local government do not administer northern Mitrovica, the political process for resolving Kosovo's final status will be in danger.

Kofi Annan, UN General Secretary, will visit Kosovo next week for the second time since the end of the war. His intention during the first visit in autumn 1999, when Bernard Kushner was UNMIK chief, was to address the two dominating issues in Kosovo at that phase: security in general, stressing especially the security for minorities and UNMIK-Kosovar co-governance. At that time Annan approved the establishment of the Interim Administrative Council, which brought Kosovo political leaders and Kushner closer and created a mechanism for consulting Kosovo's major problems.

This time, Annan's visit is expected to be an additional support to UNMIK chief Michael Steiner, who struggles to slightly improve the situation in northern Mitrovica and to unify the divided city. Annan will certainly re-emphasize messages for inter-ethnic tolerance and for creation of a democratic society for all Kosovars. As the Mitrovica issue is concerned, it seems that UNMIK and western capitals have understood more than ever who is keeping this crisis alive. Solution of this problem is one of the preconditions to prepare Kosovo for the process of addressing the issue of Kosovo's final status. If UNMIK and Kosovar government don't administer northern Kosovo as well, it will be impossible to avoid big political tension, which endangers the process for political solution of Kosovo's status.

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PM Rexhepi: An important step for economic development (Epoka e Re)
All Kosovo businesses that were temporarily registered through UNMIK will from now on register permanently at Kosovo's government, respectively at the Ministry of Trade and Industry, reports Epoka e Re.

This daily reports that the office for registration of businesses and trade names opened yesterday. Kosovo's PM Rexhepi was present at the event and he was quoted as saying that "Opening this office is an important step for development of Kosovo's businesses and the economy in general". He thanked the WB office and USAID for the help to open this office.

Ali Jakupi, Kosovo's minister of Trade and Industry, reportedly said that opening this office symbolizes transfer of competencies from UNMIK to Kosovo's government. He also expressed his satisfaction that from now on businesses registered at UNMIK can be permanently registered at this office, which will function as part of the ministry.

Epoka e Re reports that WB and USAID officials as well as Kosovo government ministers were present at the opening.

This article further says that during the last three and a half years, around 50,000 businesses registered in Kosovo. 52 percent deal with trade and services, 13 percent are from the transport, storage and traffic section, 18 percent from the producing sector, seven percent are for building and only one percent of registered businesses are for agriculture, foresting and fishing.

The number of the Kosovar companies with foreign capital is not more than two percent, says Epoka e Re.

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Our approach toward justice is the same as US justice toward Al Capone (Koha)
Koha Ditore carried the second part of the interview with Clint Williamson, head of the UNMIK Justice Department before leaving Kosovo to his home in USA.

Chief Hague Tribunal Prosecutor Carla Del Ponte said that she is investigating three Kosovo Albanians. What was your role in these investigations and what were the overall relations between the Hague Tribunal and the Justice Department?
I have good personal relations with the tribunal given the fact that I worked there for a very long time. I know Mrs. Del Ponte and most of the senior officials at the tribunal. Our role here in investigations was very small. The tribunal conducts the investigations in a completely independent way. The tribunal investigators interview eyewitnesses and have specific rules that they have to follow through investigations. There were cases when they asked for assistance and our support and we have always helped them. As I said before the Tribunal itself conducts the real investigation. And they decide which cases will be investigated and which not.

UNMIK chief administrator Michael Steiner has stressed that one of Kosovo's priorities is the fight against organized crime and corruption. Did you sufficiently fight organized crime and corruption?
I believe we have made considerable progress. We have brought before the prosecutors several individuals that have ties with organized crime, but there are several obstacles in treating the cases of organized crime. I prosecuted organized crime in USA before joining the Tribunal. Sometimes investigating mafia families in the USA takes several years and the same people work in the same case for three, four even five years. There we have all the possibilities for electronic surveillance and also eyewitnesses within the organization that voluntarily testify. We have neither of these two possibilities in Kosovo. Thus it is very difficult to prove these cases and there are cases where we believe that certain persons are tied to organized crime, however it doesn't mean that we can prove it. This is what can be called the Al Capone approach. Al Capone was head of organized crime in Chicago in the 30's and not once were prosecutors able to indict him on the killings he committed, but in the end they convicted him on tax evasion. In a way this is how justice is executed in Kosovo. Even though we weren't able to try cases on organized crime we have been able to at least indict them on any criminal charges that we could prove. In the aspect of corruption there is a great deal to be done before someone is accused. What initially has to be done is that Kosovars report on corruption. An environment has to exist where there will be no tolerance for those practicing corruption. People must report cases to law enforcement and they have to be coming voluntarily and ready to cooperate. In the last few months the result of the arrests have brought more and more people telling us that they never would have believed that some of the people that we have in detention are really being investigated. We have been told that now they have more trust in the system and are more willing to testify. This is a very slow process but I think it is moving forward.

You mentioned transition earlier. For the moment the impression is that international judges and prosecutors are trying all the important cases and the vulnerable ones. When will Kosovars start to take these cases?
I believe that Kosovar judges and prosecutors are capable of taking these cases, however, very often they do not want to do so. A fresh example is the killing that happened in Suharekë/Suva Reka several days ago. In the beginning this case was handed to a Kosovar judge and international prosecutor. However, the judge from Prizren District Court believed that the case should be tried by an international judge because of the political background and the sensitivity of the case. This happens very often. As I said earlier, only about 10% of the cases are tried by internationals. Some of the cases are high profile, however I believe this is a result of feelings by Kosovar judges and prosecutors not to take on cases where they might be threatened or influenced by others. All this affects the fight against corruption and forming an environment in which people believe in the system.

When do you expect that justice will become a responsibility of the Kosovo institutions and Department of Justice will be transformed into the Ministry of Justice?
I believe it is difficult to set a definite date. Before leaving I decided for a transition strategy, which foresees that some of the issues are transferred during next year, that Kosovar are included more in the Department. I believe this could happen within three to four years and we will see this department fully in the hands of Kosovars. They will be in all key positions, maybe there will be some internationals but I believe that with the passing of every year the number of internationals will be lesser. As I said the first step is that this department is to become more functional and take the form of a justice ministry and I believe that it is in that phase. It is ready to start the process of transition.

What were your relations with UNMIK chief administrator Michael Steiner? Did you ever have pressure from him?
I had a very good working relation. He is very dynamic, is always on the move, wants to see things moving and wants to see them move very quickly. He pushes all his people over the plank, his police commissioner, and people on economic issues. He wants results and he is very impatient. He wants to see things happen. His way of working, his intensity, might be difficult for some people however I never had any problems. I also have a style of moving while working.

Where will Clint Williamson go after Kosovo? What will you do next?
I will return to US Government and for the time being I don't know what I am going to do. I work for US Justice Department but there is a chance that I will work for another agency in Washington, maybe the State Department, National Security Council in the Pentagon. I will be included in the issues of international crime and law.

Do you know who will replace you in Kosovo?
No, this is still being considered. The idea is that someone will be coming at the beginning of the year.

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Zero megawatts from local production, very little light from imports (Koha)
Not a single megawatt has been produced in the last two days, nor will this be possible until late Tuesday night reports Koha Ditore.

The 30 megawatts that are being produced by the bloc A1 of the Kosovo power plant are being used for the operational needs of the both power plants. The reduction of 4 hours off and 2 on has been kept only with the import of 180 megawatts from Bulgaria. The energy situation is even more difficult since block A2 has stopped producing electricity on Sunday morning. The landslide in Novo Brdo did not cause the current problems with electricity however according to some forecasts this will become a major problem in the upcoming months.

The Director of the Kosovo A Power Plant, Avdyl Bajgora said that work at A2 stopped because of cracked pipes, which are being repaired and the block might start working in two days. Block A3 is also out of function with the same problem, pipe leakage. "We will weld the pipes by 22:00 and if the test run is successful we will start production Tuesday by 19:00," stressed Bajgora. The start of any of the two blocks will return the reduction 4 on and at least 1 off. The other two blocks are still being repaired, said Bajgora. "Block A4 is being fully checked and repaired, the test run will be on the 13th, then the motor will be started and on the 18th it will start production. While some emergency repairs are being done at Block A5 and production will start on 25 December," said director Bajgora. The money for repairing block A1, A3 and A4 came from German Bank KfW while German company Veag implemented the work worth 17 million euros.

Kosova A Power Plant is very old and with these repairs their capability is between 50-65% of the capacity. "If there is sufficient coal, Kosovo A can produce between 250-300 megawatts a day," said Bajgora.

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IDPs from Kosovo file requests for returning usurped properties (Koha)
Quoting information broadcast by Belgrade-based Beta news agency, Koha Ditore reports that IDPs from Kosovo have filed over 1,000 requests for returning their usurped properties in Kosovo at the office of the Directorate for Housing and Property Issues in the town of Kraljevo.

The number of requests filed in the offices of this organization in Prishtina, Mitrovica, Gjilan/Gnjilane, Peja/Pec, Prizren, Belgrade, Nis, Podgorica and Skopje is already over 20,000.

The last deadline to file a request for returning usurped properties is 1 December, whereas it is also informed that 5 percent of the overall number of requests were filed by Albanians, mainly for the regions of Brezovica and Mitrovica.

Koha Ditore reports that a Kraljevo-based weekly paper informed that the international non-governmental organization, Habitat, will start rebuilding 600 houses for IDPs and refugees in Serbia next spring.

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Why do UNMIK bureaucratic spokespersons oppose Rugova's presidential decree? (Bota Sot)
Bota Sot carries a commentary by editor Bajrush Morina who comments on Rugova's decree to appoint US Senator Bob Dole as Kosovo's representative to the US, and the consequent reaction of UNMIK officials. Morina wrote:

A statement by UNMIK spokesman (which was delightfully re-broadcasted by the Radio Television of Kosovo) objects to Dr. Ibrahim Rugova's presidential decree for appointing US Senator Bob Dole as a senior representative of Kosovo in the US. This statement announced by Andrea Angeli (one of the numerous spokespersons led by the director of the UNMIK Department of Public Information, Simon Haselock).

The UNMIK spokespersons objects to Kosovo's integration in Euro-Western processes!

With this statement by spokesman Angeli, UNMIK has proven that it is an organization with a bureaucratic structure which in words is engaged in the acceleration of processes, but in practice slows them down, and in fact even opposes the process of integrating Kosovo in euro-western structures.

UNMIK's Andrea, or UNMIK through its spokesman Angeli, has first of all opposed the will and wish of the majority of the people of Kosovo.

In fact, with this presidential decree, Dr. Ibrahim Rugova has fulfilled the wishes of all those who want freedom, democracy and independence for Kosovo. I think we are not mistaken if we say that within his restless efforts for independence, Rugova's decree marks his most grandiose act to implement this goal.

On the other hand, Senator Bob Dole is an important name in the history of the US in the last decades. He is a strategist of US liberty (a soldier during the World War Two), is a synonym of US democracy. Above all, he is a great friend of Kosovo, and has been engaged for over ten years in the freedom and democracy of the people of Kosovo by opposing the hegemonic policy of the Serb regime.

By objecting to President Rugova's decree, spokesman Angeli seems to have fulfilled his task. Angeli spoke in the words of an UNMIK spokesperson, but at the same time he has appeared as a spokesman of the official Belgrade.

Even Angeli, as a spokesman of UNMIK, similar to other spokespersons of the Belgrade regime, has opposed Rugova's presidential decree. But, while the Serb regime in Belgrade is horrified by the decision of President Rugova, UNMIK spokesman Angeli is 'concerned' about the fact the issue of foreign relations in Kosovo is '…exclusively within UNMIK competencies.'

Kosovo President can take '…measures in the field of cooperation with foreign countries'

This UNMIK spokesman seems to have forgotten the content of the Constitutional Framework of Kosovo which defines the tasks and functions of the president of Kosovo. We remind to Andrea Angeli that page 26, second part, paragraph 9.2.4, writes among others that 'According to the Constitutional Framework and the applicable law, the President of Kosovo carries out these functions: a)…takes measures in the field of cooperation with foreign countries'!

Therefore, according to this part of the Constitutional Framework, President Rugova has the legal right to appoint Kosovo representatives in various countries of the world.

Prior to announcing his presidential decree, President Rugova was surely in touch with the office of Senator Bob Dole and also informed the US Office in Prishtina. He received support from Washington and Senator Bob Dole, therefore, any kind of opposition be it from spokesman Angeli or other UNMIK spokespersons or Belgrade's spokespersons will be voices that will go away like soap bubbles.

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Prosecutor allows medical examination but won't release them on bail (Koha)

The trial against five former KLA commanders from Dukagjini area, known as "Dukagjini group" was delayed due to a road accident in which one of the defendants, Daut Haradinaj and three UNMIK policemen escorting the vehicle were slightly injured, reports Koha Ditore.

During the Monday session, defense lawyers discussed the issue of postponing the trial until the defendants received detailed medical check ups and the issue of defendants to be released on bail and transferred from Dubrava Prison in Istog to District Prison in Prishtina was also raised by defense lawyers. "We offer twice as much as for the release of Daut Haradinai as was given for the release of Milan Ivanovic and a mortgage on his property," said Defense lawyer Adem Bajri supported by his two French colleagues.

International prosecutor Kamudoni Nyasulu said that he doesn't oppose the postponing of the session because of the health concern. On the other issue, the request made by the defense to release the defendants on bail, the prosecutor was concerned because "we were caught by surprise and could not decide o this issue".

"Lawyers can hand in their applications to request that their clients are released on bail, however the prosecutor needs to have time to look into the request and accept or refuse them," said Nyasulu. Asked by Judge De Thevenard "when will they receive an answer on the applications?" Nyasulu answered shortly, "Until the next session".

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Indictment raised against Slavoljub Jovic (Koha Ditore)
Koha Ditore reports that the Mitrovica District Court has raised an indictment against one of the leaders of the so-called Bridge Watchers, Slavoljub Jovic - Ogi, who has been held in detention since 8 April.

Koha Ditore quotes UNMIK spokesman Andrea Angeli as saying that the indictment charges Jovic with participating in a demonstration as a leader of the group that exerted violence and for efforts to inflict serious bodily injuries.

Angeli said that the indictment against Jovic was also raised because of turmoil in June 2000 in Mitrovica.

Angeli also said that if found guilty for any two of the abovementioned acts, Jovic could be sentenced to ten years in prison. The judge has reportedly decided to extend Jovic's detention until the 4th January, and his trial will start early December.

In closing, Koha Ditore reports that Jovic was arrested in relation with turmoil in the northern Mitrovica during which Serb protesters inflicted injuries to 22 UNMIK Police officers.