Montag, 16. Februar 2015
Die Desaster im Kosovo von der UNMIK, bis zur EULEX Mission, wo ein 'Deutscher Pyschologe und Diplomat, zuletzt die EULEX Mission ins Desaster führte, zeigte nur die Spitze der Hirnlosen aus Berlin, denn Afghanistan, Afrika oder die Ukraine zeigt ein desaströsesn Deaster, schlimmer als die übelsten Kopie der Nghradeta Methoden in Süd Italien.
Absolut und vollkommen im Solde krimineller Banden und Firmen, Motor der Bestechung sind vor allem die US Botschafter im Balkan, wie überall die "Bechtel" Betrügereien zeigten, von Kroatien angefangen und dann über Rumänien bis man bei den Hirnlos Vasallen der Albaner Mafia in Albanien und dem Kosovo landete. Und Recep Erdogan wollte das natürlich auch noch mitmachen, wie die Geschichte zeigt auch am Flugplatz Phristan, wo er einem seiner Gangster dieses Geschäft gab.
(ICITAP) US Mafia – Albania-Kosovo Highway Costs Soar To 2 Billion Euros – Frank Wisner, Tom Rich, Christopher Dell,Verantwortliche Amerikaner, für den Deppen Aufbau der erneuten Drogen Polizei Banden aus den USA der ICITAP.
Die Betrugs und US Mafiöse Organisation “ICITAP”, Schutzschirm für kriminelle Geschäfte aller Art in der Welt
Kosovo’s Top Court Faces Prosecutor’s Probe
Kosovo’s Special Prosecution Office said Tuesday that it is investigating allegations that the Constitutional Court falsified part of a closely watched ruling.
|Kosovo ombudsman Sami Kurteshi. Photo by OSCE.|
Kurteshi’s complaint had raised “reasonable suspicion” that a criminal offence might have taken place, Liridona Kozmaqi, spokesperson for the Special Prosecution, said.
The preliminary inquiry will determine whether the prosecutor will conduct a fully-fledged criminal investigation.
At issue is the court’s rejection in November of an earlier complaint by Kurteshi about how the three international judges were continuing to serve on the court, beyond their mandates, under a presidential decree.
A letter obtained by BIRN shows that one of the judges, Robert Carolan, from the US, told Kurteshi’s office that although he was present when the ruling was issued in November, he took no part in it, having recused himself. This casts doubt on whether the court had a quorum to issue the ruling.
Kurteshi says the President of the Court, Enver Hasani and Arta Rama-Hajrizi, the judge rapporteur on the ruling, must explain why Carolan’s decision not to participate was not noted.
“If Hasani, Judge Rama-Hajrizi, or any other judge intentionally lied in the Court’s decision, they violated public trust and must step down immediately,” Kurteshi said in a statement.
The ruling in the Ombudsman’s earlier complaint, filed in October, notes that one judge, Kadri Kryeziu, was recused from the case but did not mention any other recusals.
Requests from both the Ombudsman and BIRN to the Constitutional Court, asking whether Carolan and two other international judges were also recused, went unanswered.
The Ombudsperson is demanding an investigation. “If it turns out they [the judges] deliberately lied to the public, they must take full responsibility for their actions,” he said.
“If they deliberately lied to the public, there is no place for them on the Constitutional Court, or for that matter, in any state institution of the Republic of Kosova,” he added.
Decisions before the Constitutional Court go to a panel of three, which rules on whether a case is admissible.
Any decision rendered must then be approved by a quorum of seven out of nine judges.
As the court does not have a ninth member, and as Kryeziu must recuse himself from any decision with political overtones, after being seen last summer with a member of the ruling coalition, the participation of Judge Carolan and the other international judges is vital for a quorum.
In response to a letter from the Ombudsman, Carolan wrote on February 2 that he “was present in the Constitutional Court” when the decision was considered and decided but “did not participate in the deliberations or decision of the Court because I had previously recused myself from participating in the deliberations and decision of the court with respect to that referral.”
The law on the Constitutional Court says judges who are present must also vote, however. It also stipulates that recusals must be made public in the court’s final decision. In this case, it was not noted.
“Judge Carolan acted in accordance with the law by submitting a letter to the court president but it is not good that we don’t know whether or not the court made a decision,” Gjyljeta Mushkolaj, acting dean of the University of Pristina’s law faculty and former Constitutional Court judge, opined. “The public should be informed in these cases.”
Riza Smaka, who helped draft the constitution, said Carolan’s insistence that he was “present” was irrelevant because he did not vote.
“That Carolan attended the session or sessions of the Constitutional Court of Kosovo does not have any legal effect, especially since he refrained from voting,” he said. “They needed seven members, they had six, that means that by law this decision is invalid.”
Granit Vokshi, a lawyer and former employee of the EU law mission EULEX, and who advised it on constitutional legal matters, including on the issue of international judges, says the court could have come up with a creative legal solution to overcome such circumstances.
“Since the quorum for deciding cases before the Constitutional Court is set by the law, not by the constitution, the court should have made a principled decision, which says that only a quorum of four judges is needed in cases where the court cannot reach its quorum of seven judges, as envisaged in the law,” Vokshi said. “This would not apply only to the case in question but in all similar cases.”
The inclusion of international judges in the court is a legacy of the time when Kosovo was under international oversight under an International Civilian Representative, who oversaw the management of Kosovo from its declaration of independence in 2008 until “supervised independence” ended in September 2012.
The terms of the judges were set to expire in August 2014. However, an exchange of letters between the EU’s then foreign policy chief, Catherine Ashton, and Kosovo President Atifete Jahjaga envisaged new mandates for international judges, granting authority over their selection to EULEX.
The Ombudsperson challenged the President’s decree re-appointing them because according to his interpretation of the law, the exchange of letters did not override the constitutional stipulation that all appointments to the court must go through parliament.
EULEX and the European Union insisted on the reappointment of the international judges in part because they worried about the lack of a quorum during the turbulent summer months when Kosovo did not have a government.
Another key factor was the role that the judges are due to play in the special court being set up to try the revelations contained in the so-called Dick Marty report. This contained detailed allegations of crimes committed during 1999 and 2000.
Intensive negotiations over the special court between the EU and Kosovo are still underway. At present, the judges will adjudicate any constitutional issues related to the tribunal. http://www.balkaninsight.com/en/article/kosovo-s-top-court-faces-prosecutor-s-probe
Die Albaner Mafia, NATO Waffen und Drogen Geschäfte
Kurz gesagt, sind dubiose Geschäfte der Bundeswehr, der USA normal, wohl auch notwendig, ja sogar sinnvoll, weil es keine Alternative gibt....