The legal expert for the Balkans and professor at the University of Graz in Austria, Joseph Marko, PhD, estimates that after Marty’s report was adopted at the Council of Europe, EULEX should start appropriate investigations.
He says solid evidence should be collected, and it should be kept in mind that EULEX is not a court, therefore the collected material must be passed on to a court.
In an interview for Deutsche Welle, Marko said that ‘all the information’ presented in Marty’s report is not really evidence in the legal sense – but he thinks that Marty put together words that have been circulating around for a long time, and has placed these on the political agenda.
Asked if Hashim Thaci – as winner of the recent elections in Kosovo – can under these circumstances form a government and be a credible prime minster, Marko said “yes, it was the same in Haradinaj’s case, where initially there were doubts as to how someone who has been accused by the Hague Tribunal can hold the post of prime minister”, he said.
Regarding the possibility of initiating a normal judicial process, where Hashim Thaci could be charged, Marko said: “Of course it’s possible, and a judicial process should start. This to show that nobody, not even the prime minister is immune from criminal prosecution”.
This, according to him, would contradict the widespread opinion that politicians and leaders of the political elite cannot be prosecuted by the judiciary, and that only the small fish face trial in cases of corruption. “This attitude is prevalent not only in Kosovo, but throughout the entire Balkans”, he said. /deutsche welle & zeri/
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