THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

Case No. IT-03-66-R77

 

THE PROSECUTOR

OF THE TRIBUNAL

AGAINST

BEQA BEQAJ

 

INDICTMENT

The Prosecutor of the International Criminal Tribunal for the former Yugoslavia, pursuant to her authority under Article 18 of the Statute of the International Criminal Tribunal for the former Yugoslavia ("the Statute of the Tribunal") and Rule 77 of the Rules of Procedure and Evidence of the International Criminal Tribunal for the former Yugoslavia ("the Rules of the Tribunal"), charges:

BEQA BEQAJ

with CONTEMPT OF THE TRIBUNAL, ATTEMPTED CONTEMPT OF THE TRIBUNAL, and INCITEMENT TO CONTEMPT OF THE TRIBUNAL.

 

THE ACCUSED

  1. BEQA BEQAJ, fatherís name Zeqir, was born on 10 November 1952 in Petrove, Kosovo. He is a relative of Isak MUSLIU, an accused in the case of Prosecutor v. Fatmir Limaj, Haradin Bala, and Isak Musliu, Case No. IT-03-66.

    CHARGES

    COUNTS 1 to 3

    CONTEMPT, ATTEMPTED CONTEMPT, AND INCITEMEMT TO CONTEMPT OF THE TRIBUNAL

  2. From on or about 17 February 2003 through to on or about 19 October 2004, BEQA BEQAJ, individually and in concert with others, incited, attempted to commit, committed or otherwise aided and abetted the commission of Contempt of the Tribunal.

  3. During the time period set forth above, BEQA BEQAJ knowingly and wilfully interfered with the administration of justice by threatening, intimidating, offering a bribe to, or otherwise interfering with witnesses or potential witnesses in the case of Prosecutor v. Fatmir Limaj, Haradin Bala, and Isak Musliu, Case No. IT-03-66.

  4. On or about 11 June 2004, in Shtime, Kosovo, the son of BEQA BEQAJ accosted Rexhe REXHAJ, a potential witness, blaming Rexhe REXHAJ for Isak MUSLIUís detention in The Hague. After this incident, on the same day, BEQA BEQAJ told Rexhe REXHAJ that Isak MUSLIU had previously communicated from The Hague that BEQA BEQAJ should go to Rexhe REXHAJ and demand him to withdraw his statement against Isak MUSLIU.

  5. In early September 2004, BEQA BEQAJ contacted Rizah REXHAJ, a potential witness living outside of Kosovo, through a relative of Rizah REXHAJ ("the relative"). The relative informed Rizah REXHAJ that BEQA BEQAJ had received calls directly from Isak MUSLIU in The Hague, and that Isak MUSLIU told BEQA BEQAJ to tell Rizah REXHAJ that he must withdraw his statement to the Tribunal. It was also suggested that Isak MUSLIU would reward Rizah REXHAJ with a gift of lands if Rizah REXHAJ withdrew his statement.

  6. On or shortly before 27 September 2004, BEQA BEQAJ again asked the relative to contact Rizah REXHAJ. The relative told Rizah REXHAJ that BEQA BEQAJ claimed to speak on behalf of Fatmir LIMAJ and Isak MUSLIU and that Rizah REXHAJ must travel back to Kosovo to meet with Defence lawyers and withdraw his statement.

  7. On or about 6 October 2004, BEQA BEQAJ asked Rizah REXHAJ by telephone to return to Kosovo and meet with Fatmir LIMAJís brother Demir LIMAJ and a lawyer, in order to withdraw his statement against Isak MUSLIU and Fatmir LIMAJ and state that he had nothing to do with MUSLIU and LIMAJ. BEQA BEQAJ told Rizah REXHAJ that he had spoken with and acted on behalf of Isak MUSLIU, Fatmir LIMAJ, and Demir LIMAJ.

  8. On or about 13 October 2004, BEQA BEQAJ again asked Rizah REXHAJ by telephone to return to Kosovo and meet with Demir LIMAJ or a lawyer, in order to withdraw his statement against Isak MUSLIU and Fatmir LIMAJ and state that he knows nothing about MUSLIU and LIMAJ.

By his acts and omissions, BEQA BEQAJ participated in:

COUNT 1: Contempt of the Tribunal, punishable under this Tribunalís inherent power and Rule 77(A)(iv) of the Rules of Procedure and Evidence of the Tribunal;

COUNT 2: Attempted contempt of the Tribunal, punishable under this Tribunalís inherent power and Rule 77(A)(iv) and Rule 77(B) of the Rules of Procedure and Evidence of the Tribunal; or

COUNT 3: Incitement to contempt of the Tribunal, punishable under this Tribunalís inherent power and Rule 77(A)(iv) and Rule 77(B) of the Rules of Procedure and Evidence of the Tribunal.

 

___________________
Carla Del Ponte
Prosecutor

Dated this 21st day of October 2004
The Hague
The Netherlands