Thaci's defence seeks permission to appeal 4 cases related to indictment

The defence of former president of the Republic of Kosovo, Hashim Thaci, has asked permission from the preliminary judge for the certificate of the cases he has filed to appeal the verdict concerning the correct indictment and the request for its change.

On September 3, 2021, Thaci's case of defence, the Specialised Prosecutor's Office (ZPS) presented an corrected indictment as ordered and requested permission in accordance with Article 39 (8) of the Law and Rule 90 (1) (b) for changing the indictment to include three categories of charges.

“Two detention centres in Budakova and Semtish, the Suhareka municipality, in or in relation to which KLA members committed acts of persecution, imprisonment/ arbitrary detention, other inhumanity/inhumanity, torture, murder, and extinction by force”, reportedly was the first category.

According to the paper, the second category was two incidents of persecution and murder committed in connection with the Gijlan detention site and a timeframe changed for an incident in that country. And the third category, two incidents of the accused's personal participation in accused crimes

On the other hand, it is said that on December 23rd, 2021, the preliminary judge accepted the SPS's motion to change the indictment regarding the proposed amendments, as well as ordered the SPS to secure an indictment with less editing until January 17th, 2022.

Thaci's defence reportedly claims that the certificate of permission to appeal the verdict is in four cases.

“Case 1: If the preliminary judge has erred in granting permission to change the indictment over the proposed new paragraph 42 and changing paragraph 141 of the annex 2 of the correct indictment and the application for change (part of the third category of claims) before the accused received a less edited version of Aktakuza and Summary after discovering that the defence was able to offer “significant amendments to the proposed” amendments, it reportedly in writing.

On the other hand, the second question is whether the preliminary judge erred when he found that the Third Category of amendments did not make any new accusations according to the understanding of the Rule 90K2.

The third question, meanwhile, is whether the preliminary judge erred when he found that the proposed changes were not biased or contrary to the rights of the accused, especially to be tried at a reasonable time.

The last question, however, is whether the preliminary judge erred when he found there was no lack of care on the part of the SPS in bringing in the proposed amendments and therefore that the proposed amendments were not biased or contrary to the rights of the accused.

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

Wessel has also 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