Special: There's little risk of Mustafa escaping but decides to keep him in prison.

The Special Court has decided to keep the former Kosovo Liberation Army chief Salih Mustafen in custody further. Judge Nicolas Guillou has estimated that there are still existing specimens in case of Mustafa's release.

However, the judge in his decision shows he is almost convinced that the radus is too bright for Salih Mustafa to flee. But he says that other risks remain great, so he can't be released even with conditions presented by the defence.

As to the risk of escape, the pre-procedure judge considers some of the proposed conditions, especially Mr. Mustafa to stay in house arrest or any other form of alternative detention, to have installed monitoring equipment to ensure that he does not leave his home, to present his passport to competent authorities, to ask permission for any work-related trip, to report before a SPS officer and to appear before the Specialised Chambers when ordered, can appropriately ease this danger. Hence, the pre-procedure judge confirms earlier findings that the risk of escape can be managed, if Mr. Mustafa will be released on appropriate terms”, the decision is said to be reasoned.

However, the judge cites other risks, such as that of obstruction and intervention in the pretrial process against him and others.

In the danger of obstructing the management of specialised chamber procedures or committing further crimes, the pre-procedure judge considers that, given Mr. Mustafa within Kosovo's security and intelligence device, none of those proposed conditions, including any additional restrictions imposed by the Pre-emptive Procedure Judge, cannot limit Mr. Mustafa to access information and resources that would facilitate any attempt to prevent the procedures of Specialised Chambers through intervention in victims and witnesses, or commit other crimes. That's true whether Mr. Mustafa continues his current job or not. In this regard, the judge of the preliminary procedure considers that, contrary to what the defense claims, fear of losing a job may not be viewed as a compelling factor in our current assessment, as it is the direct result of criminal procedures involving the ban on the accused ordered under Law”, said further in Nicolas Guillo's decision.

The presiding procedure judge further considers that none of the proposed conditions could limit or monitor Mr. Mustafa” Through such communications, the judge estimates that he may seek and receive information from light sources about his intervention in victims or witnesses and that this may create the possibility of committing crimes.

The trial of the preliminary procedure in line with the circumstances finds that the proposed conditions, including any additional restrictions imposed by the presiding judge, would be insufficient to ease the risks of obstructing specialised chamber procedures or committing further crimes, and, for that reason, Mr. Mustafa must remain in custody”, the decision is said to be reasoned.

Similarly, the specialised prosecutor at The Hague had argued on the grounds that no condition would be enough to avoid the possible risks that could come from his release, so they stressed that keeping him in custody is necessary for investigations not to be hindered.

Former superior of The KLA, Salih Mustafa, was the first of former KLA members to be arrested and transferred to Special Court custody on 24 September. He is accused of a series of acts described as war crimes and crimes against humanity.