By Agim Sopi
A criminal platform that was tried in Serbia against Albanians – ‘Organ trafficking’ of Albanians captured by the Serbian army and police, whose organs were allegedly removed, killed and then their bodies were burned in the Feronikel foundry in Drenas (for which there are still living witnesses), inversely through a premeditated conspiracy of certain international circles, attributed to the Albanians of Kosovo. Unfortunately, this criminal platform, inversely against Albanians, was used by the Council of Europe as a political slogan for a ‘Humane Enterprise against War Crimes’, an enterprise which in reality, resulted as a biased political Enterprise.
After the Council of Europe created a ‘Task Force’ led by the American prosecutor, Clint Williamson, and after six months of investigations to find factual evidence regarding ‘Human Organ Trafficking’, it turned out that it did not find even a trace that testifies to such a monstrous crime. The Council of Europe, based on the ‘Fictional Report’ by the prosecution and Serbian secret services on behalf of Dick Marti (to which the Serbian ambassador to Switzerland himself testifies), PACE created a Special Court, which will prosecute and try the leaders of the Kosovo Liberation Army for ‘Human Organ Trafficking’ and ‘crimes against humanity’. In reality, the main political goals of the Council of Europe were not the four leaders of the KLA, but the Kosovo Liberation War and the independence of Kosovo. Since this claim resulted from the Council of Europe’s own investigations as an ordinary lie that cannot be justified or argued with any real evidence, I consider that the ‘Civil Society of Kosovo’ should have proposed this Aesopian nonsense to the Guinness Book five years ago as: The most monstrous lie of the 21st century – ‘Human organ trafficking’. Perhaps on this occasion, the ‘Sarajevo Safari’ should also have been proposed to the Guinness Book for the European aristocrats who became ‘world champions’ in the sniper killing of Bosnian children from the trenches of the Serbian criminal army. And finally, the third record: Assisting Dutch peacekeepers in the shooting of 8.000 Bosniaks in the Srebrenica Massacre . Hand on heart, for three thousand years of existence, there has not been a single page and a single letter of history that proves that Albanians have invented such monstrous lies at the expense of other peoples. There is not a single letter that proves that Albanians have killed children and there is no fact that Albanians have cold-bloodedly assisted in any massacre of the Slavic wars. However, it is worth remembering that according to official Western sources, there is living evidence, with names and surnames, that in the Kosovo war during the period 1997-1999, 12.452 Albanian civilians and 2.197 Serbs (mainly policemen, paramilitaries and soldiers) were killed. 1.133 Albanian children were killed, of whom 239 were children up to the age of five, about 20 thousand Albanian women were raped and over a million Albanians were forcibly expelled from Kosovo.
Resolution number 1782 of the Council of Europe, adopted on 07.01.2011, which supports Dick Marty’s monstrous allegations of ‘human organ trafficking’ on which the Hague Special Court was established, according to the British Bar Association, is a ‘profound shift’ that completely violates the Constitution of the Republic of Kosovo, according to which this Political Court was established.
But how did all this political madness start?
The Special Court, or the Kosovo Specialist Chambers, were created as a synchronized pressure from the International Community, after the Russian mission forced Europe to equate the executioner with the victim in the case of Serbia’s aggression on Kosovo. This kind of favor was supposed to be done to Russia and Serbia, based on the ‘Iran Nuclear Deal’ reached between former US President Barack Obama and Russian autocrat Vladimir Putin. So, the decision to establish the Special Court in The Hague came from the imposition of Russia and Serbia, being packaged as a kind of collateral annex to an agreement harmful to the US. The ‘Iran Deal’ was canceled by President Trump. As a result of this ‘Agreement’, the war between the US and Iran came, a war that is not known when it will end. Since the ‘Iran Deal’ was canceled by the most powerful country in the world, then the ‘collateral’ annex should automatically be canceled as well. Unfortunately, against all rules and legal norms, fueling the Europeans’ anger with President Trump, the Council of Europe countries decided to push forward with this ‘Ghost Agreement’ justifying it with a monstrous lie about ‘Human Organ Trafficking’, a claim that was packaged by the Serbian secret service structures. Former Dutch diplomat, Robert Bosch, a man with a big heart, intellectual courage and an open mind, regarding the Special Court, says: ‘The Special Court is an unjust and cruel institution. The victims were tried there and the aggressor was rewarded, and those judges and prosecutors who were guided by political orders and not by justice were paid and are paid with billions of euros from European taxpayers!… When I was ambassador, I had to support the Special Court, because that is what my government ordered me to do, but I personally did not support it because it was based on Dick Marty’s report, which was supported by Serbian secret services, and Marty decided to use the file (compiled by Serbia). The entire process was based on accusations of organ trafficking in the so-called Yellow House in northern Albania, which turned out to be untrue. At that time, I told Thaçi:
With the unbearable pressure of the internationals, we are forcing you to put a noose around your own neck. Forgive me, I was one of them.‘, concludes Mr. Robert Bosch in despair.
Meanwhile, the former Minister of Foreign Affairs of Kosovo, the renowned diplomat Enver Hoxhaj, had declared that ‘The political class made a ‘fatal mistake’ by submitting to Western mercenaries to create a racist political court.’
Following the ruling of the ‘Special Court’, always following the political fudge for ‘Joint Criminal Enterprise’, the Council of Europe and the ‘Hague Special Court’ failed to find any solid legal evidence. So, this politically instrumentalized Court has made a decision with premeditation that ‘the KLA’s fight for freedom and independence against the Serbian aggressor, ‘used criminal means’.
This means that the war of the KLA and the Albanian people together with NATO forces, led by the US, has been a ‘Joint Criminal Enterprise!’ While NATO has not yet reacted to these monstrous insinuations that are being made against it by the Hague Special Court, diplomat Robert Bosch has described as worrying the fact that even the testimonies of senior international officials have been overlooked. ‘We are talking about senior figures like Wesley Clarke, James Rubin and Christopher Hill, as well as CIA documents from the time that established that there was no centralized command structure of the KLA. “We are talking about people at high levels, and if you ignore them, you are de facto calling them liars . ” The question arises as to who is that authoritative structure that has the credit, knowledge and dignity to tell the USA and its supreme structures that ‘you are liars’ who have stopped ‘Serbian heroism’ in order to repeat once again in our time Hitler’s platform ‘Final Solution!’ . It is truly courage that surpasses all common sense. In reality, we are dealing with neither knowledgeable, nor courageous, nor dignified people. But, we are dealing with a group of international charlatans, instrumentalized and xenophobic people, who are sent to crisis countries to ‘discover the hot water’ from where they return with bags full of money. This type of ‘group of experts’ was transferred from EULEX (a corrupt organization compromised by financial and sexual affairs), for whom there was also evidence of such unacceptable activities, evidence given by its senior officials before the Kosovo Assembly. In this article, we will not dwell on all the personnel, but will only highlight the legal violations of Prosecutor Charles Smith and the President of the Special Court, Ms. Ekaterina Trendafilova.
Charles Smith , an American citizen, was appointed a judge in the Specialist Chambers on February 7, 2017. In addition to leading the panel in the case against the former KLA leaders, he has also been the vice-president of this court since April 29, 2020. He also exercises the duty of senior judge for personnel complaints. Mr. Smith is also the drafter of the Law on Specialist Chambers. (So, he himself makes the Law and himself judges according to this law.) I am really very curious to know in which totalitarian state in the world, starting from the Middle Ages to the present day, such a practice exists?! According to Law No. 06/L-011 on the Prevention of Conflict of Interest, point 2 , it is stated: ‘A senior official cannot be a member of more than one management body of a publicly owned enterprise, a joint-stock company with public property, as well as bodies of other public institutions, unless otherwise expressly provided by law.’ Nowhere on the internet can Mr. Smith’s date of birth be found.
But according to the official website of the ‘Special Court’, Mr. Smith had completed his studies in 1970. If Mr. Smith was only 15 years old when he began his studies and only 20 years old when he graduated (1970), then it follows that Mr. Smith must be 76 years old today. Under Kosovo law, appointed officials retire at the age of 65 and after this age they are not entitled to regularly exercise their profession or be employed in public institutions. American Judge Charles Smith III, while part of EULEX, was also proven to be a racist and xenophobe of the highest caliber. Maria Bamieh , a EULEX official, at the time publicly stated that Judge Charles Smith had told her in 2014:
“Albanians are animals that need to be tamed.”
In 1944, the world-famous criminal, Adolf Hitler, declared that ‘ The Jews are mangy dogs who must be exterminated’ . Surprisingly, these similar fascist statements were made with a time gap of 70 years. Emperor Marcus Aurelius declared: ‘He who has seen the present has seen everything, what has happened in the past and what will happen in the future.’ Is history repeating itself on the old continent?! In Germany, neo-fascist forces are growing. In France, too! God, save Europe from itself!
Dr. Ekaterina Trendafilova (1953) , a prominent Bulgarian jurist, academic and judge, was appointed President of the Kosovo Specialist Chambers in December 2016. In this Kosovo institution (established by the Constitution of the Republic of Kosovo), she holds 4-5 senior official positions that conflict with the Law No. 06/L – 011 on the Prevention of Conflict of Interest . Before serving as a judge at the International Criminal Court, Ms. Trendafilova was an advisor to the Ministry of Justice on the issue of the establishment of the International Criminal Court and served as an expert in the Ministry of Justice, as well as in the Bulgarian Parliament, where she chaired the criminal section of the Legislative Consultative Council. She also chaired the working group on the reform of the Bulgarian Criminal Procedure Code and its harmonization with European and international standards, for the efficient administration of justice and the protection of human rights (1998-1999). Dr. Trendafilova represented Bulgaria in the UN Commission on Crime Prevention and Criminal Justice (1992-1994). She also served as Deputy District Prosecutor at the Sofia District Court (1985-1989). Thus, by exercising ‘efficient administration of justice and the protection of human rights’ Dr. Trendafilova was an important actor of ‘justice’ in the realization of the so-called ‘The Big Excursion’ during the summer of 1989, when the largest ethnic cleansing of the Turkish minority took place, which was undertaken by ‘Socialist Bulgaria’ in the cruel persecution of 360.000 ethnic Turks. (The author of this article was a witness to this tragic event, remaining in the midst of the sad column for 24 hours while traveling to Turkey). According to the Turkish media of the time, Dr. Trendafilova was one of the important characters in the organization of this ‘Excursion’. Ethnic cleansing is a serious criminal offense according to all the laws of the world!
Also, Conflict of Interest, according to the Criminal Code of Kosovo, is a criminal offense and is punishable by 2 to 5 years of effective imprisonment. It is also worth reiterating that Dr. Trendafilova was born in 1953, which makes her 73 years old, therefore a person who, according to the laws of Kosovo, cannot exercise regular public work.
Now that the ‘Collective Trial’ of the fight for freedom and independence of the Kosovar people is being conducted under the legal guise of a ‘Joint Criminal Enterprise’ and with the claim that: “Part of the criminal intent of the members of the ‘Joint Criminal Enterprise (JCE)’ and others in the leadership of the KLA was to achieve Kosovo’s independence through war crimes” , the verdict of the ‘Special Court’ and the Council of Europe Resolution result in premeditated acts against the freedom and independence of Kosovo. This finding is also evidenced by the Meeting of 7-8 December 2020, when just one month after the arrest of the four former leaders of the Kosovo Liberation Army, a secret session was held away from public view from which no official statement was issued.
‘President of the Specialized Chambers, Ekaterina Trendafilova, together with the former Chief Specialized Prosecutor Jack smith and the registrar Fidelma Donlon, met with ambassadors and diplomats accredited in Kosovo, while similar meetings were also held in The Hague and Belgrade. ‘During this ‘secret’ meeting, former Chief Prosecutor Jack Smith spoke in harsh and blunt language, declaring ‘with full conviction that the accused will be sentenced to life imprisonment.’ So, the Special Court and the Council of Europe have previously judged and ‘annihilated’ the arrested by prejudiced the freedom and independence of Kosovo. Such a racist prejudice, for states with liberal democracies, is undoubtedly an unacceptable act. Former prosecutor Jack Smith is now being prosecuted by the American justice system for witness tampering and wiretapping of American senators and congressmen (certainly not for the interests of Kosovo!) In a 2022 interview, to the question: ‘the special prosecutor, Jack Smith, himself, in one of the hearings had spoken about “crimes of the KLA” and not about crimes of individuals’, Ekaterina Trendafilova replied: ‘I want to be clear that the ‘Kosovo Specialist Chambers’ will only hold individuals accountable for the crimes they are alleged to have committed and will not hold any ethnic group, organization or community accountable. This is also reflected in Article 16 of the law, which deals with ‘individual criminal responsibility’ The famous lawyer Luka Misetic, has raised the “alarm” that the trial panel, with its verdict, has come to “dangerous” conclusions, concluding that in order to achieve Kosovo’s independence (according to the Special Court), ‘the KLA used criminal means.’ So, in these constellations, someone is lying. Luka Misetic, certainly not. Because he refers to the verdict of the ‘Special Court’ that ‘The KLA used criminal means to achieve independence’This political blunder was uttered live by prosecutor Charles Smith himself. “The trial panel has determined that part of the criminal intent of the members of the Joint Criminal Enterprise (JCE) and “others in the leadership of the KLA” was to achieve Kosovo’s independence through war crimes.”
This statement, unfounded by any evidence or fact, in reality accuses NATO and the international community (first and foremost the Quint countries) of having intervened to end the fascist policy of annihilation and ‘scorched earth’ through the aggression of Serbia. General Wesley Clark himself testified that, when asked the leader of Serbia, S. Milosevic, how he intended to end the war, Milosevic replied: ‘I have the ‘Final Solution’ plan (fascist platform for the complete annihilation of the Jewish people). ‘Give me a week’s time and I will kill all Albanians!’. This is how the Butcher of the Balkans declared the ‘final goal’ at that time. And by accusing the Kosovo Liberation Army of ‘Joint Criminal Enterprise’ due to the opposition of a fascist army and police, the Special Court, thirty years later, takes the side of the devil’s advocate! The name ‘Fascist Platform’ may sound rude to some, but a state that has Hitler’s ‘Final Solution’ platform as its primary principle and meticulously implemented it in three wars in the former Yugoslavia, killing over 150.000 people, has no other acronym to call itself.
Balkans Analyst at the International Crisis Group, Marko Prelec, reacting to the well-known lawyer, Luka Misetic, has concluded that: ‘Kosovo’s right to independence can never and should not be put in the dock, because if we behave like this, it would make us look bad (to the whole of Europe)’. Kosovo’s indisputable right to independence has been fully supported by the International Court of Justice. Next to this superior international body, the Hague Tribunal looks like a cockroach advising an elephant that it should walk through thorns so as not to damage the road!
After the premeditated verdict of the ‘Specialized Chambers’ ‘ with full conviction that the accused will be sentenced to life imprisonment.’ (on September 16, 2026, the ‘Special Court’ sentenced the KLA leaders to 23-25 years in prison, a sentence which results in ‘life imprisonment’ when we consider the age of the convicts.
In Kosovo, this decision was much talked about, which also deliberately began to destroy the state of Kosovo. Various experts and interpreters, politicians, knowledgeable analysts and charlatans of all kinds, the ‘Serbophile’ left and the ‘European’ right, the ‘Dallkauks, Kopuks and the brainless crowds’ talked and talked about the further steps of the State of Kosovo. Many barren proposals were spoken about, idealistic, humanistic, opportunistic proposals, loudly, or in whispers, almost without being heard at all, but they were not spoken with the voice of truth, as the lawyers and professors of renowned universities in the world, friends of Kosovo, Paul Williams, Richard Prosper, Luka Misetic, John Bolton (former National Security Advisor to President Donald Trump) and many others spoke: The Hague Special Court must be abolished! All other alternatives are deceptive. ‘The Court of Appeal, the Court of the Dill, the Court of the Hajdar Dushi Society, or the Court of Wine and Grapes’! All of these are barren alternatives.
The ‘Hague Special Court’, or the ‘Kosovo Specialized Chambers’ which have already violated all laws and the Constitution of Kosovo, creating a kind of Frankenstein independence that is beyond the control of all laws and international norms created since the time of the Code of Hammurabi, was unfortunately created with the amendment to the Constitution of Kosovo. Amendment No. 24, according to which Article 162 was added to the Constitution of Kosovo, for the establishment of the ‘Specialized Chambers’ based on the Dick Marty Report and PACE Resolution No. 1782. To be fair, the claims of the Russian MP, Konstatin Kosachev and his friend, Carla Del Ponte.
After a six-month investigation by the team led by prosecutor Clint Williamson, the Russian-Serbian claim channeled through PACE about the monstrous activity of ‘human organ trafficking’ turned out to be completely false. After this finding, based on the Constitution of the Republic of Kosovo and Article 162, a certain law was drafted outside legal logic that elevates an instrumentalized court above the Constitution and the state of Kosovo. Therefore, the Council of Europe, also based on the ‘Geneva Convention on International Relations’, had to terminate the ‘Agreement with Kosovo’ for the establishment of a Special Court that would investigate the false allegations of ‘Human Organ Trafficking’. Since the Council of Europe did not do this, but refused the Republic of Kosovo to join this organization, conditioning it with new concessions and submissions, PACE established the Specialized Court as a monster beyond the control of the laws and the Constitution of the Republic of Kosovo. In this case, the deputies of the Parliament of Kosovo (without any political distinction) should urgently convene and based on several violated laws and based on eight (8) violated articles of the Constitution of the Republic, the Parliament of Kosovo, with two-thirds of the votes, should annul Amendment 24 and Article 162 of the Constitution of the Republic of Kosovo. Also, as a result of this action, the Law on Specialized Chambers and the Agreement with the Council of Europe should be annulled, all because of the FALSE SUBJECT on which the ‘Specialized Chambers’ were created. The Council of Europe and the International Community must finally be made aware that KOSOVO’S INDEPENDENCE AND FREEDOM ARE NON-NEGOTIABLE and Albanians will defend this cause by all means (even with their lives).
Constitutional violations of the Hague Tribunal
By chronologically bringing together the political goals of the Council of Europe and the ‘Hague Special Court’, we come to the conclusion that the goal of the ‘Special Court’ is not and has never been justice for the alleged civilian victims. On the contrary. The goal of the ‘Special Court’ is an organized conspiracy against the freedom and independence of the state of Kosovo. Simply put, it is a ‘ Joint criminal enterprise against the state of Kosovo.’ And this ‘enterprise’ cannot be realized without violating international law, international laws and conventions for the protection of human rights and freedoms, and above all the Constitution of the Republic of Kosovo.
Below we will present some of the articles of the main chapters of the Constitution of Kosovo that have been flagrantly violated by the ‘joint criminal enterprise.’
Article 162 of the Constitution stipulates ‘a five-year period of completion of the Court’ – it has not happened. Likewise, ‘parliamentary oversight with a commission of international professionals’ has not happened.
The ‘Hague Specialist Court’ or ‘Kosovo Specialist Chambers’ have also violated the following articles of the Kosovo Constitution:
ARTICLE 22 [DIRECT IMPLEMENTATION OF INTERNATIONAL AGREEMENTS AND INSTRUMENTS]. ARTICLE 23 [HUMAN DIGNITY], ARTICLE 24 [Equality before the law], ARTICLE 30 [THE RIGHTS OF THE ACCUSED], ARTICLE 31 [THE RIGHT TO A FAIR AND IMPARTIAL TRIAL], ARTICLE 32 [THE RIGHT TO LEGAL REMEDY], ARTICLE 33 [PRINCIPLE OF LEGALITY AND PROPORTIONALITY IN CRIMINAL CASES], and:
Article 3 [Equality before the Law]
- The Republic of Kosovo is a multiethnic society, composed of Albanians and ethnic communities.
other which is governed democratically, with full respect for the rule of law,
through its legislative, executive and judicial institutions. - The exercise of public authority in the Republic of Kosovo is based on the principles of equality before the law.
the law of all individuals and in full respect for the fundamental rights and freedoms of
internationally recognized human rights, as well as in the protection of the rights and participation of all communities and their members.
So, ‘The Republic of Kosovo is a multiethnic society, (2) with full respect for internationally recognized human rights and fundamental freedoms, as well as in the protection of the rights and participation of all communities and their members.’ The ‘Special Court’ has violated all obligations for fundamental human rights and has also violated the ‘multiethnic’ character of the Republic of Kosovo, being a Court that penalizes and punishes only Albanians, only one ethnicity. So, by changing the multiethnic character of Kosovo and transforming it into a state that has the Racist Court of The Hague! ‘The Court that punishes the victim and protects the executioner!
Article 16 [Supremacy of the Constitution]
- The Constitution is the highest legal act of the Republic of Kosovo. Other laws and acts
legal acts must be in accordance with this Constitution.
The Law on the ‘Special Court’ is in many respects in conflict with the Constitution of the Republic of Kosovo. Therefore, as such, it should be annulled.
Article 18
- Amendment or withdrawal from international agreements shall have the same effect.
decision-making procedure such as that of ratifying international agreements.
Kosovo’s agreement with the Council of Europe on the establishment of the ‘Hague Special Court’ on a false claim by the Council of Europe is annulled ‘with the same decision-making procedure as that for the ratification of international agreements.’
Article 24 [Equality before the Law]
- All are equal before the law. Everyone is entitled to equal protection of the law.
legal, without discrimination. - No one may be discriminated against on the basis of race, color, sex, language, religion,
political or other opinions, national or social origin, affiliation with any
community, property, economic, social status, sexual orientation, birth, ability to
limited or any other personal status.
The ‘Hague Special Court’ has not taken into account any evidence of the defense and in this way, has violated the constitutional obligation ‘All are equal before the law. Everyone enjoys the right to equal legal protection, without discrimination.’ The most blatant case is the mention of the hero Behajdin Hallaqi, without taking into account the testimony of his wife from 2000 as well as of the family members and exculpatory witnesses. The ‘Hague Special Court’ has appeared before the public as a unified body between prosecutors and judges. The judges have even overcome the ambitions of the prosecutors to keep the promise previously given to international authorities that: ‘We will sentence the leaders of the KLA to life imprisonment!’
Article 33 [Principle of Legality and Proportionality in Criminal Cases]
- The punishment imposed for a criminal offense cannot be more severe than it was
determined by law at the time of the commission of the offense. - Punishments are determined based on the law that was in force at the time the offense was committed.
criminal law, with the exception of offenses for which the later applicable law is more
favorable to the perpetrator.
The law in force at the time of the alleged criminal act in Kosovo was the Criminal Code of Yugoslavia, which provides for a ‘maximum imprisonment of 15 years, or life imprisonment’. The Special Court, under the ‘Criminal Code of the ‘Rooster of Han’ or Genghis Khan’, sentenced the defendants to 25 years in prison each, which means that it violated the Constitution of Kosovo and the former Criminal Code of Yugoslavia (in case of retroactive application)!
Article 58 [Responsibilities of the State]
- The Republic of Kosovo shall take all necessary measures to protect persons who may be subject to threats or acts of discrimination, hostility or violence, as a result of their national, ethnic, cultural, linguistic or religious identity.
The defendants of the Special Court have been threatened in advance by prosecutors and insulted with racist statements such as: “Albanians are animals that need to be tamed”, or ‘with full conviction, the defendants will be sentenced to life imprisonment.’ Who can utter a more serious racist insult, or a more serious threat!!! Come on, let a judge or prosecutor come forward now and say that these insults and threats are not legal violations!
Article 102 [General Principles of the Judicial System]
- Judicial power in the Republic of Kosovo is exercised by the courts.
- The judiciary is unique, independent, fair, apolitical and impartial and ensures equal access to justice.
equal in the courts. - Courts judge based on the Constitution and the law.
- Judges must be independent and impartial in the exercise of their functions.
According to the British Bar Association Report, all these constitutional provisions have been flagrantly violated. How can a judge who declares in advance that ‘Albanians are animals that need to be tamed’ be impartial and independent? Or, the fight to protect the door of the house, the children who were shot in front of your eyes?! I, personally, in the fall of 1999, filmed a documentary entitled ‘Beyond Death’ about the case of Mrs. Shyhrete Berisha, whose five children were killed in front of her eyes (one by one) by Serbian criminals, on the orders of General Pavkovic. At the time of filming, in the cafe where about 50 civilians were executed, among whom were Shyhrete Berisha’s children, whose blood was still fresh! For 27 years after the war, no one, no prosecutor, no investigator and no international judge has called me to testify with live photographs of the monstrous crime! The important thing is that the ‘Special Court’ judges in an ‘inventive’ way with shadow witnesses fabricated by the criminal institutions of Belgrade! Good luck, young and old! This is how justice is done!!!