HARADINAJ'S DEFENCE: NO GROUNDS TO JUSTIFY A STAY
In their response to the prosecution motion to stay the decision on political activity of the accused, his lawyers claim that the prosecution had to have announced its intention to file it at an earlier stage and that, in any event, "there are no grounds to justify a stay pending the outcome of any appeal."
Ramush Haradinaj in the courtroom
The defense of Ramush Haradinaj considers that the prosecution is late with its motion to stay the execution of the decision allowing the accused limited involvement in the Kosovo political life. Regardless of that, the defense notes, "there are no grounds to justify a stay pending the outcome of any appeal."
Haradinaj's defense lawyers filed their response to the prosecution motion of 13 October in which the prosecutors indicated they intended to appeal the decision and moved that the execution of the decision be stayed until the end of the appellate proceedings.
Lawyers representing Haradinaj claim that in accordance with the Rules of Procedure and Evidence, the prosecution should have indicated it would be seeking a stay of any decision in favor of the accused "at the time of filing the response to the initial application."
The defense also notes that the prosecution has not offered any evidence to support the claim that Haradinaj's political involvement in the period leading up to the appellate decision would cause "irreparable harm". The prosecution has failed to show in what way the victims and witnesses would be harmed by Haradinaj's limited political involvement "under the control of UNMIK and the supervision of the Trial Chamber".
After it received the defense response, the Trial Chamber will deal urgently with the prosecution motion to stay the execution of the decision until the end of the appellate proceedings.
- Case : Haradinaj et al.
- 2005-10-14 HARADINAJ'S RETURN TO POLITICS STAYED
- 2005-10-13 DEL PONTE "DISMAYED" BY THE JUDGES' DECISION TO ALLOW HARADINAJ TO RESUME POLITICAL ACTIVITIES
- 2005-10-12 HARADINAJ ALLOWED TO BE POLITICALLY ACTIVE
- 2005-10-20 IF HARADINAJ CAN DO IT, WHY SHOULDN’T SESELJ?
- 2005-10-31 HARADINAJ "ON ICE" UNTIL 21 NOVEMBER
- 2005-11-07 LAHI BRAHIMAJ TO REMAIN IN DETENTION