KOSOVO: CASE EMERGING AGAINST ALBIN KURTI FOR

C O N F I D E N T I A L SECTION 01 OF 02 PRISTINA 000164 SIPDIS SIPDIS DEPT FOR EUR/SCE, DRL, INL, AND S/WCI, NSC FOR BRAUN, USUN FOR DREW SCHUFLETOWSKI, USOSCE FOR STEVE STEGER, OPDAT FOR ACKER E.O. 12958: DECL: 03/01/2017 TAGS: PGOV KJUS KCRM EAID KDEM UNMIK YI SUBJECT: KOSOVO: CASE EMERGING AGAINST ALBIN KURTI FOR FEBRUARY 10 VIOLENCE Classified By: COM TINA KAIDANOW FOR REASONS 1.4 (B) AND (D). ¶1. (C) SUMMARY: On February 13, following the violent February 10 protest led by the Self-Determination Movement (SDM),in which two people were killed and approximately 80 injured, Kosovo Police Service (KPS) detained SDM leader Albin Kurti for 30 days based on the ruling of an international prosecutor that there is "grounded suspicion" that he violated four counts of the Provisional Criminal Code of Kosovo (PCCK). Those counts mainly pertain to inciting a crowd to violence and endangering UN personnel or property. The international prosecutor on the case indicates that he will seek to indict Kurti based on that ruling before the 30 days' preventive detention ends. At that time, he will recommend pre-trial detention on the grounds that Kurti, who has flouted house arrest orders in the past, is a flight risk. UNMIK Department of Justice (DOJ) sources indicate the evidence against Kurti -- including video footage of him leading the crowd -- is strong. However, some of the crimes on which the prosecutor is likely to indict Kurti carry only minor sentences. Based on the current ruling, the case would most likely go before the District Court and be heard by a three-judge panel consisting of two internationals and one local. Pre-trial detention would have to be reviewed regularly, but the good news is that Kurti, who has led violent demonstrations in the past and will probably do so in the future, will likely remain behind bars in the months leading up to the final resolution of Kosovo's status. END SUMMARY. ¶2. (C) Following a violent February 10 demonstration led by the Self-Determination Movement (SDM),in which two people were killed and scores injured, Kosovo Police Service (KPS) detained SDM leader Albin Kurti on February 13 pursuant to a ruling filed by International Prosecutor Cecilia Tillada that there is "grounded suspicion" that he violated four counts of the Kosovo Provisional Criminal Code (PCCK). These are Article 318 - Participation in a Group Obstructing Official Persons in Performing Official Duties; Article 319 - Call to Resistance (i.e., calling upon others to prevent by force or threat the execution of lawful decisions); Article 320 - Participating in a Crowd Committing a Criminal Offense; and Article 142 - Endangering United Nations and Associated Personnel. Kurti was given 30 days' detention pending an actual indictment being filed. The ruling mentions the death and injuries, but does not directly ascribe blame for those crimes to Kurti. Evidence is strong, but alleged crimes may result in minor sentences ¶3. (C) Nevertheless, UNMIK Department of Justice (DOJ) sources indicate that evidence against Kurti is strong for the violation of the above-mentioned articles. He was videotaped leading the crowd, and was photographed throwing a stick at a UN armored vehicle, but the ruling is not clearly written on this. Finally, the truck from which Kurti was speaking was confiscated and contained "solid objects" that the crowd had been throwing, as well approximately 150 bottles of paint evidently meant to be thrown at UN buildings. ¶4. (C) On February 26, due to a heavy workload, Tillada was replaced on the Kurti case by new international prosecutor, Andrew Mayes. Mayes (protect) indicated to us that he will likely indict Kurti before the 30 days' preventive detention expires. When he files the indictment, Kurti's detention will be revisited, and Mayes told us he will seek to keep Kurti in jail pending trial based on the grounds that he is a flight risk, since he has not respected house arrest for past violations. ¶5. (C) While the evidence is reportedly strong, some of Kurti's alleged crimes could result in minor sentences. Article 318 proscribes an unspecified fine or up to three years in prison; if the judge finds that the perpetrator led a group committing the offense, the sentence is one to five PRISTINA 00000164 002 OF 002 years. Article 319 carries a prison term of three years or less. Article 320 proscribes three months to five years imprisonment, or one to ten years if the perpetrator is proven to have led a group committing the crime. Article 142 prescribes at least seven years for killing UN or associated personnel (of which Kurti will not be charged); one to ten years for attacking UN or associated personnel; one to ten years for attacking UN offices, employee residences or vehicles; and one to five years for making a serious threat to commit one of the aforementioned offenses. ¶6. (C) On which article(s) of the criminal code Kurti is actually indicted will determine whether his trial ends up in a District Court before a three-judge panel consisting of two internationals and one local, or iQa Municipal Court before a local judge. If anything in the indictment carries a prison sentence of over three years, the case will go to the District Court, and pre-trial detention will have to be reviewed regularly. Based on the current ruling, we believe the eventual indictment will land the case in the District Court. ¶7. (C) COMMENT: The strong evidence against Kurti and the possibility of his continued detention pending trial are good news for Kosovo. The events of February 10 -- in which two lives were lost as a result of SDM's violent tactics and desire for confrontation -- proves that Kurti is not only a flight risk for prosecutors, but a danger to public safety in Kosovo. In or out of jail, the Kurti legend is likely to grow. We support the prosecution of Kurti and -- given that he has routinely flouted previous house arrest orders and rejected the jurisdiction of the UN court system -- agree that his continued detention is more than warranted. On the eve of renewed protests, it is also in the interests of public safety that he remain in detention. END COMMENT. ¶8. (SBU) U.S. Office Pristina does not clear this cable for release to U.N. Special Envoy Martti Ahtisaari. KAIDANOW