One São judge partially agreed that Thaci would remain in custody, that was her proposal

One São judge partially agreed that Thaci would remain in custody, that was her proposal

Kosovo Specialised Chambers ( DPSK) in The Hague has announced that the Court of Appeals panel has rejected Hashim Thaci's appeal, leaving the same in custody, while it becomes known that Judge Nina Jörgensen had partially disagreeing opinions. Regarding the chief judge's reluctant opinion, it is said the same [...]

Regarding the court's reluctant opinion of Jorgensen, it is said the same did not agree with the majority's decision at point 6, reports the “Law on Justice”.

“In view of the specific circumstances in this case and with the intention of consisting of earlier decisions issued by the Appeals Court College concerning Thaci's associates, I would have allowed this basis of complaint and returned the case to the judge of the preliminary procedure to assess whether the third states identified in the controversial decision that had shown their general readiness to accept the accused could effectively implement the proposed constitution”, it was quoted as saying.

According to her, as explained in her reasoning below, the judge of the preliminary procedure did not have enough information ahead of him about the proposed release conditions to enable him to make an informed decision to ease the identified risks.

Judge Jergensen stressed that the return of the case to the judge of the preliminary procedure as the chief investigative of the facts in this case does not constitute parole.

“In my opinion, the judge of the preliminary procedure abused his discretion by concluding that no additional conditions, including those proposed by one of the Third States or any other condition that could be implemented in any of the Third States, could adequately address the risks he had identified without further questioning those guarantees of the Third State and without seeking further information in light of the apparent lack of compliance with the guarantees provided”, Jogensen said.

She has added that it is also important to note that the pre-procedure judge decided not to seek the views of the Third States regarding Thaci's provisional release in their respective territories, despite Thaci's request that he do so.

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. /Betimy for Justice

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