Thaci's defenders Veselin, Selimi and Krasniqi seek change in deadline for submitting preliminary motions

They have demanded that the preliminary judge decide that any preliminary motion under the 97 (2) be submitted until February 10th, 2021.

The fourth indictees have jointly sought to change the standard deadline of thirty days set by Rule 97 (2) Procedure Rules and Tests (“RPE”).

That, according to them, given the considerable volume of evidence detection, the complex legal issues to be addressed, and the particular circumstances of the case, is a good cause for extending this deadline.

It is said that in the framework decision on uncovering evidence and issues related to those dated November 23, 2020, the preliminary judge has set the date December 11, 2020 for SPS to complete the discovery of material, rules (102) (1) (a). According to the letter, on December 11, 2020, the defence received the discovery of 1309 potentially excusing documents, and 1760 supporting documents of the indictment were announced on December 12th.

According to them, full consultation with the accused in question is necessarily more challenging as a result of the measures decided to address the ongoing COVID-19 pandemic.

“Legal visas with detainees, currently, are limited to two visitors at the same time, including one translator, and carried out through a telephone link and a separate window. In addition, lawyers have travel restrictions, making it difficult to visit The Hague. Receiving video-related instructions ) alternatives is a proven but weak alternative. The provision of the detainee material, whether in paper or digital form, is limited by rules that become increasingly strict by COVID-19”, reports the “Justice Vocation”.

The 30-day deadline reportedly includes Kosovo's Specialised Chambers, namely the winter judiciary, which lasts between December 21st 2020 and January 1st 2021, and includes three official holidays in court.

According to them, submitting preliminary motions is an important procedural step in the procedures and of fundamental importance is the ability of the defence to submit demands, which generally reviews central issues, not unfairly delaying procedures.

The preliminary preparation of the motions in this case will reportedly require a broad review of the practice of courts and other tribunals, which will take more time”, the letter said.

Furthermore, the most significant is reportedly the volume of the material to be revised and discussed with the accused in preparing any preliminary motion.

Simply stated, 1760 documents in support of the indictment will take time to read, analyse and receive instructions”, says the letter.

On the other hand, the good cause reportedly exists for a change of the time limit on the basis of this app, which is stored sufficiently in advance, allows the pre-procedure judge “to decide on the application before the due date”, in line with Rule 76.

Otherwise, on November 9th, in their first appearances, Hashim Thaci's Jakup Krasniqi has been declared innocent of charges placed on them.

Wessel has been declared in his presentation on November 10th, as has Selimi on November 11th.

The incident against Hashim Thaci, Kadri Veselin, Rexhep Selimi and Jakup Krasniqi is confirmed on October 26, 2020.

According to the alleged indictment, at least between March 1998 and September 1999, Hashim Thaci, Kadri Veselini, Rexhep Selimi, Jakup Krasniqi and other members of the joint criminal enterprise had the common goal of securing and exercising control over all of Kosovo through methods involving intimidation, mistreatment, violence exercise and illegal elimination of those considered opponents.

“Set up these opponents included persons who were, or who were considered to have been: (a) collaborators or forces, officials or state institutions of RFJ, or who (b) otherwise did not support the purposes or methods of the KLA and later QPK, among whom persons linked to the LDK and Serbs, Roma and persons of other nationalities (joinly, non-combatorsors). This common goal included crimes of persecution, imprisonment, arrest and arbitrary or illegal arrest, other inhumane acts, cruel treatment, torture, murder and forced disappearance of persons”, the indictment said.

In addition, Azem Syla, Lahi Brahimaj, Fatmir Limaj, Sylejman Selimi, Rrustem Mustafa, Shukri Buja, Latif Gashi and Sabit Geci are also mentioned.

“Among the other members of the joint criminal enterprise were Azem SYLA, Lahi BRAHIMY, Fatmir LIJAY, Sylejman SELING, Rrustem MUSTAFA, Shukri BUJA, Latif GASI and Sabit G ECI, as well as some other political and military leaders of the KLA and the KPK, including other members of the General Staff; ministers and deputy ministers of the QPK; commanders of KLA and QPK areas, deputy commanders of the area and other members of the command headquarters; commanders of brigades and units; commanders of police and intelligence services of the KLA and QPK; other KLA soldiers and other QP officials, as well as others acting in the name of the QKK and the QKK (KC) -- in the joint operation of the QKK (K) along with the CKK (K) HACH IN, Kadri V ESELIN, Rexhep SELEM and Jakup KRASNYYNY, jointly, NKP members. All these individuals, with their actions and inactions, contributed to the achievement of common purpose. As an alternative, some or all of these individuals were not members of the joint criminal enterprise, but were used by members of the joint criminal enterprise to commit crimes for the realisation of the common goal (with members of the NKP, jointly members and NKP instruments)”, the accusation says.