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Kosova: Albin Kurti og andre ledere af Bevægelsen for Selvstændighed arresteret under brutal politiaktion

15. June 2010

Den 12. juni fejrede Bevægelsen for Kosovas Selvstændighed, Vetevendosje, sin femårige fødselsdag ved et arrangement i bevægelsens lokaler i midten af Prishstina. I sin tale meddelte bevægelsens leder, Albin Kurti, at man havde besluttet at stille op ved de kommende valg. I centrum for Vetevendosje’s valgkamp ville stå kampen for selvstændighed, social retfærdighed og modstand mod privatiseringsprocessen og de fremmede koloniherrer.

Ved tretiden trængte politistyrker ind i lokalerne, hvor de affyrede tåregas og slog løs på de forsamlede, så flere af dem blev såret. Foruden Albin Kurti blev også flere andre af bevægelsens medlemmer arresteret.
Albin Kurti bæres bort:

Såret medlem af Vetevendosje:

Voldsomme protester er indløbet i en glidende strøm siden det brutale overgreb mod en bevægelse af indbyggere i Kosova, som modsætter sig EU’s faktisk diktatur i landet.

Mandag den 14. juni blev Albin Kurti fremstillet i retten og idømt ni måneders fængsel. Derefter blev han løsladt, indtil dommen kan eksekveres.

Albin Kurti blev bl.a. dømt for at være en ”hindring for embedsfolk og en forstyrrer at den offentlige orden.” Anklagepunkterne var paradoksale, fordi de gjorde Albin Kurti ansvarlig for FN-politiets nedskydning af to demonstranter, og at andre 80 blev såret under en ikke-voldelig demonstration den l0. februar 2007.

Som anmelder af demonstrationen havde Albin Kurti i forvejen tilbragt 11 måneder i fængsel under Kosovas daværende magthaver, FN’s Kosova-mission, UNMIK.

Men efter at en undersøgelseskommission, som var nedsat af FN, havde konkluderet, at demonstranterne var fredelige, at UNMIK havde overtrådt de gældende FN-regler, og at de ansvarlige politifolk burde dømmes for drab og lemlæstelse af demonstranter, så lod UNMIK klogelig sagen løbe ud i sandet.

Men de nye magthavere, EU’s mission for lov og orden i Kosova, EULEX, har genoptaget sagen. Efter at en delegation fra STS i maj bl.a. talte med ”Head of Justice” fra EULEX, Alberto Perduca, mente vi i første omgang, at genoptagelsen af sagen beroede på en fejltagelse.

Nu er vi knapt så sikre mere. For måske gælder det om at sætte Albin Kurti og Vetevendosje ud af spillet i forbindelse med de kommende valg. En person, der er idømt en fængselsstraf, kan nemlig ikke opstille til valg i de følgende tre år ifølge informationer, vi modtog fra Albin Kurti den 8. juli.
Her bringer vi Albin Kurtis tale til retten oversat fra engelsk af Shqiptar Oseku

Kurti’s address to the EULEX court

UNMIK nedskyder demonstanter den 10. februar 2007:

REASONS FOR NOT APPEARING AT THE COURT

I didn’t show up in the first trial session because I don’t recognize EULEX, and because this case is politically motivated. The re-opening of the legal proceedings against me confirms that EULEX is an undemocratic regime and that this is an unjust court of law. I would have accepted a subpoena from a court composed out of my countrymen in a Kosova free from international rule, governed by its people based upon the principles of justice and self-determination, but I shall continue to restrict my communications with this EULEX court to the limits I consider necessary to represent the VETËVENDOSJE! movement. EULEX has no rights to indict or rule against me, nor to rule over Kosova: you don’t recognize our independence and enjoy immunity from the laws that you apply on us. I and the VETËVENDOSJE! movement shall continue our policy to not recognize you in return, and, by doing so, to peacefully oppose the imposed international rule over Kosova, including EULEX and its instruments such as this court. The legal system represented by this court has no independence, accountability, nor transparency. The basic rule of sovereignty says that it is the people’s will that gives legitimacy to the law: EULEX’s Bon powers, and the powers of this court, are arbitrary, unjust, and illegitimate.

I can’t be granted a fair trial within such a justice system. My activities are directly opposed to the goal of EULEX, which is to preserve its rule. EULEX wants to suffocate the discontent against its presence in Kosova. The main focus of the VETËVENDOSJE! movement is to oppose UNMIK’s, ICO’s and EULEX’ undemocratic, unaccountable and unjust rule, and to seek self-determination for Kosova. We are not opposed to an international presence in Kosova that would offer us suggestions and help – but are against the notion of being governed by an international rule unaccountable to us. EULEX spends more than a million Euro’s each day, but this money is not invested in the development of Kosova, to improve our health or our systems of education or infrastructure, nor in creating an independent justice system. This money ends up in the pockets of EULEX’ officials, who spend it to control us by police, in order to ensure a stability which only they gain from, but which spells stagnation and continued injustice for Kosova. The small amounts of money that ooze down to our people enrich only those who are already privileged, restaurant-owners and upper classes that speak English, those who EULEX has recruited with salaries and restricted from working independently for the greater good of Kosova. The people of Kosova have lived under oppression and foreign rule for far too long. We want freedom, not some refined form of oppression. We want justice and self-determination, not another regime which dictates its will to us.

The accusations against me are about a non-violent demonstration for self-determination and for an end to the international dictate. Demonstrations should not be condemnable. Demonstrations are a civic right. Where there is no democracy, demonstrations are the only democracy. Where there is democracy, demonstrations are a sign of vitality of that democracy. Demonstrations often signal when the system is too small to contain the will of the citizens. In addition, when representative democracy fails or has been rendered powerless, than direct democracy is not only a civic right, but also a civic duty.

“EULEX JUDGES INSTRUMENTAL IN SUFFOCATING PEACEFUL OPPOSITION”

I am against the this court of law because each of you judges, by accepting this case, have shown your approval of and your collaboration with earlier non-ethical abuse of human rights and liberties in legal proceedings against me. By re-opening this case, you approve of political charges against me, which is absurd from the legal point of view; as well as of the political aims of this legal process. You become instrumental in both present EULEX’ and earlier UNMIK’s policy to suffocate opposition voices, criminalize peaceful political opposition, and isolate the VETËVENDOSJE! movement, which is the only non-violent political opposition to the international rule in Kosova.

EULEX is not leading these proceedings in a neutral or independent manor, but is biased, prejudiced, and in an easy-to-read conflict of interests. This was demonstrated clearly during the last fall, when EULEX made its views about VETËVENDOSJE! apparent by trying to penalize our acts of civic disobedience and when, according to reports, it tried to brand VETËVENDOSJE! movement as an illegal organization. The VETËVENDOSJE! movement is a political organization of gras-roots who work volontarily and non-violently, but neither EULEX, ICO, nor UNMIK consider us a part of the civic society, or as a political association. In your eyes, we fall within the category of “security issues”, a security issue which concerns your powers of unaccountable governing, and which is comprised of people who can challenge the existing status quo. Kosova hasn’t held a referendum on EULEX nor on ICO, nor it has held a referendum on the neo-liberal privatization, or on the policies of decentralization upon ethnic grounds. By hunting down us, EULEX and UNMIK want to convince the people that there is no viable alternative to the existing order. That the people, not the system, must change, in order for the situation to improve. But the systems and the regimes change, they come and go, appear and disappear. The people remains. And the people, it equals resistance!

“WE DEMONSTRATED AGAINST ETHNIC DIVISION AND LACK OF ACCOUNTABILITY”

On February 10th, 2007, VETËVENDOSJE! movement organized a demonstration against the so-called Ahtisaari Plan, against the open-end international rule over Kosova, and pro self-determination. The implementation of the plan spells disintegration of Kosova, since one of the basic components of the plan is a decentralization process which allows Serbian municipalities to enjoy unchecked autonomy, strong horizontal ties, and direct relations to Serbia. This shall disencourage cooperation with [central government] in Prishtina and shall separate those municipalities from the rest of Kosova. The Ahtisaari Plan shall realize Serbia’s expansionistic goals by legitimating criminal and unlawful authorities of Serbia in Kosova, and by creating new boundaries based upon ethnic lines.

The problem is, that those ethnically pure [administrative] units that Serbia aims to create are impossible. VETËVENDOSJE! movement believes that Ahtisaari Plan shall lead to war, and we consider it a civic duty to prevent this from happening. In Feb 10th, we protested against Ahtisaari Plan as a process which pushes Kosova towards a new war. VETËVENDOSJE! movement is not categorically against negotiations, nor categorically against decentralization, nor categorically against any and all international presence in Kosova. But we are categorically against negotiating with Serbia about our country. We are categorically against decentralization along ethnic lines, and against decentralization before sovereignty, since this would render it impossible for us to exercise sovereignty and preserve territorial unity of Kosova. We are against the international rule over Kosova from above, but we do believe that Kosova has a lot to gain from international help and suggestions. Ahtisaari Plan has left us without an army and without our Orthodox cultural heritage, which has been granted a gift to Serbia, even though two years have passed since the declaration of independence. By disregarding our past and rendering us powerless in the present, Ahtisaari Plan deprives us of a future, too. When one demonstrates, it means one exists. Hence, UNMIK wished to hide the very existence of our people, after having disregarded its will. And now, EULEX continues along that path.

In February 10th, we also demonstrated against the international rule over Kosova, which today is comprised of UNMIK, ICO, and EULEX. International officials in Kosova don’t have to face the consequences of their decisions or behavior. They aren’t charged with any accountability whatsoever to the local population, they often don’t even mix with it. Ten years of international rule over Kosova has left us with a country suffering from stagnation and from the lack of liberties. The people doesn’t have the freedom to decide over themselves and their future, they don’t have the freedom to develop.

This freedom has one name: Self-determination. The right to self-determination is a collective right which serves as a cornerstone for the exercise of individual rights. Self-determination is basic reparation for centuries of injustice and was premier grounds for the disintegration of the former Yugoslavia. Self-determination means restoration of dignity and moral compensation for the losses and the sufferings of the past; it means fulfillment of the political will of the people of Kosova; it means an end to Serbia’s ill-willed interventions; it means an opportunity for progress. By enabling us to develop ourselves economically and socially, self-determination shall enable the integration of the citizens regardless of their ethnic and religious belongings. The foreign rulers of Kosova have so far hindered such an integration. EULEX, UNMIK and ICO aim to preserve the difference between the nations at the expense of their own unity and integration: multi-ethnicity – ethnicities isolated from each-other through tolerance, instead of citizens united through civic solidarity – facing down a missions’ unity pro status quo. Since 1999, their approach has been entirely ethnocentric: instead of viewing the peoples of Kosova as human beings, citizens, workers, or students, you see us always as Albanians, Serbs, Romani, Turks, and other ethnic groups. International rulers of Kosova always start off with our differences, with things which divide us, instead of with those which unite us, which are universal: our wish for freedom, dignity, peace, work, good education, health care, social security.

“POLITICAL TRIAL AIMS TO OBSTRUCT JUSTICE TO VICTIMS”

This case has been initiated by UNMIK to avoid its responsibility for its crimes, and this panel of judges supports this aim by opting to re-open the case upon basis of old political charges from UNMIK. In February 10th 2007, UNMIK police violated our civic right to peacefully gather and express ourselves by placing unlawful obstacles right in the middle of our pre-announced itinerary for the protest, by attacking the demonstrators with teargas and deadly ammunition, killing 2 peaceful protestors, Arbër Xheladini and Mon Balaj, and wounding 80 others. UNMIK and EULEX now wish to show that the police brutality was a reaction to our behavior, in order to avoid any penal charges against themselves. While they are prosecuting only me, while they are portraying me as a source of violence, neither UNMIK nor EULEX have undertaken any measures whatsoever to prosecute the Rumanian police unit which committed two murders that day. Even before the re-opening of this case against me, EULEX has co-operated with UNMIK to obstruct justice in this case. In spring of 2009, EULEX helped to eliminate the only legal means in disposal of the families of those killed and wounded in February 10th by explicitly declaring that it couldn’t guarantee the security (!) of a public hearing on this case by the Advisory Council for Human Rights in Prishtina – which was supposed to take place at an EULEX headquarters! Serbia behaved in the same fashion against peaceful demonstrations: the participants would be arrested and sentenced, while the policemen who would kill demonstrators would be left untouched.

I also oppose this trial since you, by re-opening my case, have decided to disregard those 11 months that I served in pre-trial detention in this political case; you have disregarded my explanations why these charges are legally absurd and political; you have also disregarded from the evidence from the earlier trial given by the main witness of the prosecutor, who on that occasion confirmed that the demonstration of February 10th 2007 was peaceful and that I hadn’t encouraged any violence. Instead of considering all of this, which, viewed together with all the abuses committed against me during this time speaks more than enough to close the case, you have decided to re-open the case, as if nothing has happened before. If a case like this would have been presented to you in your home countries, you would be appalled by the lacks of justice. Your move to re-open the case reveals that, in your eyes, Kosova isn’t worth of justice.

My activities aim for justice, equality and self-determination. By re-opening an old political case against me, EULEX reveals its contempt for the principles of objectivity, civic rights and human dignity, in open conflict with what EU says it represents. By re-opening this case, by following through with this political case, EULEX’ sole aim is to obstruct justice.

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