UNMIK/PR/946
Wednesday, 9 April 2003

Statement by Trial Panel Concerning the Case of Latif Gashi and Others

PRISTINA - Following more than one recent incident in which evidence heard by the trial panel in closed session has been reported in the press, the trial panel in the above case wishes to inform the public of the circumstances for hearing some evidence in this case in closed sessions.

Almost all legal systems now provide measures for the protection of certain categories of witnesses. These measures frequently include hearing evidence in closed sessions from witnesses whose safety is considered to be at risk.

The decision of the trial panel to hear any witness in a closed session does not necessarily imply that the witness could be at risk from a member of the public.

The trial panel is determined whenever possible to admit the public to the hearing of evidence in this case. The public will be excluded only in accordance with the provisions of UNMIK Regulation 2001/20. However, where any order is made for evidence to be heard in closed session, any disclosure outside the court of that evidence is a very serious breach of the order of the court and will be met with appropriate sanction.

In order to do justice and to establish the truth with regard to the charges in this case, all right thinking people should support the principle that witnesses should not be threatened or intimidated with a view to providing false evidence to the court: only in this way will the rule of law in Kosovo be promoted and secured. The decision of the court to order protective measures or anonymity in the case of any witness will advance the achievement of this aim.