The Norwegian Helsinki Committee, who has been monitoring the Albin Kurti trial with the Danish Helsinki Committee since it began in autumn 2007, published a statement today criticizing the way in which the internationalized courts in Kosovo have handled the case so far. They suggest that the concerns are so serious that a retrial may be required. (31-JAN-08) 

Based on NHC´s own release, issued today, this article has been edited and prepared for republication here by HRH F / Niels Jacob Harbitz.

The group notes that regardless of what people think of Mr. Kurti or his politics, he must have a fair trial. His freedom and liberty also cannot be unnecessarily restricted.

Mr. Kurti was under extended detention for more than ten months until about mid December 2007 when all restrictive measures were removed. Numerous human rights groups have expressed concern about the legal justification for such measures. The court appears to have violated a number of procedural requirements throughout the process as well, raising concern that the case is in short unfair.

When Mr. Kurti did not appear in court yesterday (January 30th), despite knowing about the hearing and being summoned to appear, the court was forced to order his arrest and appearance in the courtroom. The court took measures a step further, though, when they then ordered him back to detention in a correctional facility. The stated reason for such action was to ensure Mr. Kurti’s presence during the remainder of the trial. House arrest, a less restrictive form of detention, accomplished exactly this throughout the late summer and fall. Why deviate from this formula now, especially as international human rights standards clearly indicate that the least restrictive means of detention should be employed?

Another concern has been the appointment by the court of the defense counsel. The court must ensure that appointed counsel is both conflict-free — able to act in Mr. Kurti’s best interests — and zealously representing the client to the best of his/her abilities. During the course of proceedings the court has now appointed five different defense lawyers.

Rights groups, including the Helsinki Committees, have expressed concern that the trial is damaged by concerns such as a discrepancy in the equality of arms between the prosecution and defense; limited opportunities for some of the defense lawyers to properly prepare in advance of hearings; the court’s failure to inform the defendant of the appointment of new defense counsel in due time; the non-responsive nature of the court to clear indications that defense counsel appointed are either not zealously representing, or otherwise unqualified to represent, Mr. Kurti; and an alleged conflict of interest in representing Mr. Kurti with one of the lawyers.

For more information, please contact:
Kosovo representative, Julie Chadbourne
E-mail: chadbourne@nhc.no
Phone: +381 38 246 595 (office) and +377 44 636 451(mobile)
Fax: +43 1 408 88 22 50

West Balkan Advisor, Ole B. Lilleås
E-mail: lilleas@nhc.no
Phone: +47 22 47 92 05 (office) and +47 41 50 62 36 (mobile)
Fax: +47 22 47 92 01

Norwegian Helsinki Committee
www.nhc.no