ZLOČIN BEZ KAZNE – KRIVIČNOPROCESNI ASPEKTI ODLUKE SUDA U KOLMARU U SLUČAJU HARADINAJ
CRIME WITHOUT PUNISHMENT: PROCEDURAL ASPECTS OF THE HARADINAJ CASE

Summary/Abstract: Ramush Haradinaj was arrested on January 4, 2017 by French border police upon his arrival at Basel-Mulhouse-Freiburg airport, based on an international arrest warrant issued by the Serbian authorities in 2004. The Court of Appeal in Colmar has rejected request to extradite him to Serbia for prosecution on suspicion of war crimes during the armed conflict in Kosovo in 1999, ordering his release instead. As soon as the decision has become final and enforceable, it was provided to the authors of this article who conducted a legal analysis of the procedural aspects of the Haradinaj case before the Court of Appeal in Colmar. The focus of this article is on the main procedural defaults made by the petitioner, but it also provides an overview of how politics won out over the law in this case. By making (un)intentionally fundamental errors, it seems that the authorities of the Republic of Serbia, gave pretext to the Court of Appeal in Colmar for not extraditing Ramus Haradinaj to Serbia. However, it does not entitle the appellate judges in Colmar to overlook the legal arguments in favor of his extradition.

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