Former KLA leaders in The Hague accepted more than 200 visits in 2021

Eight former leaders and former members of the Kosovo Liberation Army are being found in detention at The Hague. For 7 of them, this will be the second year in Scheveningen, as accused of specialised rooms.

It is former KLA political director and former president of the country Hashim Thaci, former members of the General Staff, Jakup Krasniqi, Kadri Veselin and Rexhep Selimin, former local superior in Gollak, Salih Mustafen, as well as veteran leaders Hysni Gucati and Nassim Haradinaj. Former fighter Peter Shala was arrested during 2021.

Over them, in four processes, are charges of war crimes and crimes against humanity, as well as of obstructing the work of the Special Court.

Kosovo Specialised Chambers spokesman Michael Doyle, in an interview for Clankosova.tv, has summed up all developments during 2021, while also providing details about parole procedures and holiday markings at the detention centre.

INT PLOSE ERVIS:

How has this year come about all the judicial processes that have been launched for the former heads of the Kosovo Liberation Army?

Michael Doyle: In 2021, procedures have been developed in Kosovo's Specialised Chambers on four cases involving eight accused persons. All procedures have gone efficiently, in line with the legal framework of Kosovo's Specialised Chambers.

The trials began in two of these subjects, in the special prosecutor's case against Salih Mustaf and in the case of the Special Prosecutor against Hysni Gucatit and Nasim Haradinaj.

In the trial, Gucati and Haradinaj, the Specialised Prosecution concluded its presentation in November, and Gucati's defence is nearing completion of the issue. Defence Haradinaj will begin presenting its testimony in the new year.

The preliminary procedures in the Special Prosecutor against Hashim Thaci, Kadri Veselini, Rexhep Selimi and Jakup Krasniqi are continuing. The preliminary procedure judge has issued a wide range of decisions and orders during the year 2021, beginning with cases related to the discovery and participation of victims until the detention of the accused, the establishment and jurisdiction of the KSC, as well as defects in the form of the indictment.

In the fourth case of Special Prosecutor against Peter Shala, who was arrested in March in Belgium and transferred to Kosovo's Specialised Chambers next month, preliminary procedures are moving efficiently. The judge of the preliminary procedure has issued a series of decisions, including regarding Mr. Shala, victims' participation and the jurisdiction of Kosovo Specialised Chambers.

A number of complaints colleges have been assigned throughout the year to address complaints filed by seven people charged against decisions issued in three out of four cases. The Anques have to do with continuing detention of a number of indictees, obligations for discovery, victims' participation and challenges to the form of the indictment, as well as jurisdiction of the Specialised Chambers.

The persons who were injured by a crime involved in the indictment confirmed in front of Kosovo's Specialised Chambers can apply to participate as victims in the procedure.

Nine victims have been admitted in Salih Mustafa's procedure so far, in the case against Hashim Thaci and co-accused have been admitted 20 victims, and in the procedure against Peter Shala has accepted a victim.

It is important to note that in all cases, the process of applying victims to participate in prosecution is still open.

In what process has there been more difficulty, and what are they most faced?

Michael Doyle: Proceeds in all four cases are currently under way and therefore cannot be commented.

How has the process of witnessing protected witnesses been, and how many have witnessed so far?

Michael Doyle: In the case of Salih Mustafa, ten witnesses called by the Prosecutor's Office have testified since September 2021. All have testified with protective measures, including the use of a nickname and deformation of voice and face during testimony. The prosecution in the new year is expected to call other witnesses for the occasion.

In the case of Hysni Gucatt and Nasim Haradinaj so far have witnessed 11 witnesses and all evidence has been without protection. The SPO called four witnesses in its case presentation, which included three SPO staff members and a Kosovo journalist. The defense of Mr. Gucati had six witnesses, including Mr. Gucati, members of the KLA war veterans association and a Kosovo journalist. Defense for Mr. Haradinaj in the new year is expected to call witnesses.

Have Kosovo institutions offered protection for the accused to be released on bail?

Michael Doyle: In the case of Hashim Thaci, Kadri Veselini, Rexhep Selimi and Jakup Krasniqi, the judge of the preliminary procedure requested information from Kosovo police regarding the possibility of implementing provisional release conditions.

The response of the Kosovo police is mentioned in the KSC public records, for example in “The revised public version of the prosecutor's consolidation response to October 2021 Protection Paraposs for the Review of Paraburg” [link: https://repository.scp-x.org/detals. What?

However, we cannot further comment on the issue, as no version of the Kosovo Police response has been made public at the moment. If and when any further information on this issue is available and public, it will be published on the KSC website because all public files are available on the KSC website.

In the case of Hysni Gucatt and Nasim Haradinaj, the Judicial Chamber also ordered Kosovo police to provide information concerning the implementation of parole and the Judicial Chamber received information requested by Kosovo Police on November 25th. The court ordered the Specialised Prosecutor and Defence to hand over any remarks on the Kosovo Police Report, among other issues dealing with future detention reviews, until December 10th and December 16th respectively.

Why has the accused been denied parole, and are any of them expected to gain that right during 2022?

Michael Doyle: The law envisions that every two months the judge of the preliminary procedure or the college of the judges involved in this case considers whether there are still reasons for the detention of an accused person and issues a decision with which the detention is extended or suspended.

The specific reasons why the judge of the preliminary procedure or the court refuses a provisional release request are explained in relevant decisions and public decisions on detention can be found at the DSK's public file database.

The panel will implement the legal standard set out in the Law for Specialised Chambers and the Specialised Prosecutor's Office, which envisions that an individual can only be banned when there is suspicion that he or she has committed a crime within the jurisdiction of the Specialised Chambers. . In addition, there must be good reason to believe that there is danger of escape, that the person will prevent the successful criminal procedure, or the risk of it repeating criminal work, complete the attempted crime, or commit another crime.

We cannot speculate about future decisions about detention, as they will be in the hands of competent panel in each individual case, based on the parties' parachutes and information in question.

How often have the visits been allowed, and who has been able to visit the accused?

Michael Doyle: All arrested are equipped with reasonable means to maintain personal relations. In addition to written calls and correspondence, they may have visits with relatives, other family members, and those with whom they have a personal relationship in advance. Special attention is shown in facilitating family visits by using simplified visiting procedures. The secretary has authorized video visits with close relatives to ensure the detainees an additional tool for maintaining family relations.

The detainees are allowed 10 days of visits at any 30-day period, and visits in general can last all day, within hours of the visit.

So far over 200 visits by detainees to relatives and other personal visitors have been made.

You can find more information in “practical directions on visits and communications” (https://ww.scp-x.org/default/files/ublic/content/documents/c-bd-09rev1-schi-Visisandcomms-ublic 0.pdf).

What was management of the situation with COVID-19 with the detainees, and how many have been infected with the virus?

Michael Doyle: In November, there were positive cases of COVID-19 in detention facilities and personal visits at the time were limited for a short time. Every positive person receives full medical services, including a medical officer who monitors the situation closely and sees them at least twice a day.

How will New Year's Eve be marked for the detainees, and what opportunity for contact with family members will have that night?

Michael Doyle: The detainees are offered the opportunity to spend time together and celebrate special holidays and cases in line with the detention institution's rules and regulations.

At New Year's holidays, detainees can make phone calls and make video calls with their relatives.