Kosovo Albanian journalist pleads not guilty for ratting on protected witness

MIKE CORDER
May 21, 2008 3:00 PM

THE HAGUE, Netherlands-An award-winning ethnic Albanian newspaper editor pleaded not guilty Wednesday to contempt of court for allegedly publishing the name of a protected witness at the U.N. war crimes trial of Kosovo's former prime minister.

Baton Haxhiu, editor of Kosovo daily Express, faces a maximum sentence of seven years or a fine of up to €100,000 (US$156,600) if convicted by the U.N.'s International Criminal Tribunal for the former Yugoslavia.

"I am absolutely not guilty," said Haxhiu.

Prosecutor's say the editor's reporting of the trial of Ramush Haradinaj violated a court order banning publication of a witness' identity. Public disclosure of his name is still banned by the court.

Although Haradinaj was acquitted earlier this year, the judges acknowledged his trial was plagued by fears of retribution against witnesses. Of 81 witnesses summoned, the identities of 34 were protected, a far higher percentage than normal. Prosecutors have appealed his acquittal.

Haxhiu is the sixth Kosovo Albanian charged with contempt of court in the trial of Haradinaj and two other defendants, Idriz Balaj and Lahi Brahimaj. The charges against two unwilling witnesses were dropped soon after they agreed to give evidence. Shefqet Kabashi is awaiting trial as he repeatedly refused to testify.

Former Kosovo culture minister Astrit Haraqija and Bajrush Morina were recently indicted for trying to pressure a witness into not testifying in The Hague. Their trial is scheduled to open on June 16.

Haxhiu previously had appeared at the tribunal as a prosecution witness in two other trials, including the genocide case against former Serb leader Slobodan Milosevic.

On Wednesday, Judge Alphons Orie did not set a trial date and ordered Haxhiu detained, despite his lawyer asking for his release because Haxhiu's father is suffering prostate cancer. Orie indicated, however, that Haxhiu would be freed as soon as his lawyer filed a written request for his release.

The court in the past has convicted three other journalists of contempt, prompting criticism from press freedom watchdogs.

On Wednesday, Reporters Without Borders criticized the fact that Haxhiu was detained in Kosovo, but said it was "understandable" the court would want to question a reporter suspected of breaching a witness protection order.

"But we can only regret the methods used to ensure his cooperation," the Paris-based group said in a statement. "It seems that Haxhiu was entirely ready to cooperate freely with the ICTY, so his arrest could have been avoided."

A court spokeswoman defended Haxhiu's indictment.

"It illustrates that the tribunal and prosecution take very seriously the issue of the protection of witnesses," said prosecution office spokeswoman Olga Kavran. "In cases such as this, where people choose to violate tribunal orders and ... publish information about protection of witnesses, they will be brought to trial on contempt charges."

In 1999, Haxhiu was honored with an International Press Freedom Award by the New York-based Committee to Protect Journalists, for his impartial reporting of the crisis in Kosovo and for publishing the independent Pristina daily Koha Ditore, despite harassment and death threats.

The paper's offices were torched in 1999 and a guard killed. NATO reported that Haxhiu had been killed, but actually he had fled to Macedonia. Later he recalled sitting in a basement hideout and watching international news reports of his own death.