Peter Shala's case, ZPS, says the opening statement will last more than 2 hours and call 12 witnesses

Peter Shala's case, ZPS, says the opening statement will last more than 2 hours and call 12 witnesses

The pretre of the Specialised Prosecutor's Office (ZPS) for preparation conferences in the case of Peter Shala will reportedly present their opening statement, in which it will not last more than two hours and that it will call 12 witnesses to testify at the courtroom. [...]

At the beginning of the statements, the SPS reportedly considers its investigation complete, reports “Justice Trust”.

The “is currently conducting a final review of the evidence meant to use in the trial to determine whether any limited, final investigative step may be necessary and ultimately help the panel determine the charges in this case. Any such investigation would be limited to clarifying evidence that has already been revealed to defence”, the document said.

In addition to presiding the preliminary defence file, the SPS says it is also considering whether additional investigations are needed in light of witnesses the defence intends to call to trial and that any such investigation, if the SPS decides to conduct them, has only one possible case of opposition.

According to the letter, Z The SP has been authorized to keep a number of articles from the list of Rule 102 (1) (b) until protection is revealed the identity of witnesses to whom these articles relate.

“These issues concern the witness [ REDAKUED], whose identity is currently planned to reveal protection 30 days before the trial begins. After reviewing this witness as well as late intelligence witnesses [ REDAKU] and [ REDAKUED], the SPS is prepared to reveal their identity, as well as all evidence related to the delayed discovery, before the expiration of the applicable safeguard clauses. The ZPS will submit a request for changing safeguard clauses for this purpose before the conference to prepare for trial”, the prosecution said.

According to them, the remaining articles are two videos [ REDAKUED], and these documents are of extremely limited importance to the current case, and the SPS has estimated they can be discovered at this stage without violating the safety of any person. Meanwhile, the SPS will reportedly seek to change safeguard clauses for that purpose before the conference on preparing judgment.

“While the preliminary phase of the procedure ended, the ZPS conducted a review of its test database aimed at grasping any new processed material that could be discovered in this case. ZPS also conducted this review in light of authorization to add [to] REDAKUED] on the SPS witness list released on July 20th 2022. Finally, the review sought to state whether any articles were left, part of the SPS collection that should have been announced or uncovered, with intent or notice of these articles and their discovery before the trial began. This review is now complete”, the prosecution says.

Following this review, SPS reportedly has uncovered an additional document belonging to [U.S.] REDECT], [ REDECT] that can be revealed according to rule 102 (1) (b).

“Rule 112 requires SPS to detect this document without delay. However, the discovery of this document before changing safeguard clauses for [ REDAKUED], discussed earlier, would require submitting a request for safeguard clauses concerning this document and its later discovery in edited form. In this regard, the SPS requires instruction from the panel if it would be preferable to wait for the panel's decision on the upcoming motion to amend safeguard clauses before the identification of the table with photographs, without standard editing, if the motion is approved”, the prosecution says.

ZPS also reportedly has found two documents named as previous statements of [the] REDECT].

“based on Rule 112. Z The SP will reveal these defence documents before the Court Preparation Conference. SPS has also found one [ REDAKUED] and wants to add it to its exhibit list. The information contained in this document is already known for its defense... The ZPS will submit a request to change its list of evidence ahead of the conference for preparation of the trial and, if accepted, it will immediately detect these defence documents”, it is said further.

In addition, they say that during the recently completed review of its database, the SPS has identified 18 investigative documents under the 103rd Rule.

Seven of these documents were exposed to the 103st Rule after making the 102nd Rule Decision (2), as they concern [the] REDAKUED], which was added to the SPS witness list on July 29th 2022. Eight documents contain information on [ REDAKUZED] whose core is already known for protecting through other documents discovered. Two other documents contain potentially excusing information about witnesses. [ Footnote] REDAKU] and W04848. A recent document concerns the health of [ REDAKUED], and was taken by the SPS in June 2022 to facilitate the panel's assessment of a future request to accept witness testimony in line with Rule 155. Taking into account the information involved in that document, the SPS has determined that it may also be exposed under the 103rd Rule. None of these documents will require protective measures before they are discovered, the prosecution has said.

The ZPS is said to have identified 108 potentially detectable documents under Rule 102 (3) and requires permission to include them in rule 102 (3) updated, which SPS will be ready to submit shortly after obtaining permission to do so by the panel.

According to them, SPS will reportedly be prepared to inform the panel at the trial preparation conference if any of the materials included in the list, if required by defence, require a safeguard clause before the discovery and given the relatively small number of items on this list, the SPS is prepared to discover them quickly if required by defence.

According to the letter, The ZPS believes a field visit could be a help to the panel and say such a visit would show, like other evidence provided by the prosecution in court, that the site of alleged crimes is relatively small and limited.

They say the ZPS will present the evidence, with witnesses or in writing, photographs, drawings made by witnesses and diagrams of the Kukes Metallies Fabric, and that these materials will enable a clear understanding of the site and structure of the Kukes Metabric, and the location of rooms used to prevent the victims.

Regarding the start date of the trial, the SPS will reportedly be prepared whenever the date of judgment is set.

“The ZPS aims to make an opening statement, during which it will use a small number of visual tools (the map and photography). He predicts the opening statement will not last more than two hours. The ZPS has decided to reduce the number of witnesses listed on its list of witnesses, and has no intention of calling W04754, W03887 and W04826. After this change, the SPS aims to call 12 living witnesses”, it says further.

The ZPS reportedly does not foresee the need to call an expert witness, and aims to write down the relevant forensic reports of W04826 in line with the 149 rule.

“S, along with reports of expert autopsy of the alleged murder victim in this case, SPS aims to hand over two reports on the medical examination of [the] REDAKU] and [ REDAKUED], along with the transcript of the W04826 interview in a previous case, says the prosecution.

Also reportedly, the prosecution will also request acceptance of the DNA identification report of the Prague Criminal Institute and the further report compiled by Prof. William H. Goodwin.

“A modified list of witnesses, specifying the proposed modalities of witness testimony and their preliminary order of presentation, has been attached to the 1 birque strictly confidential and ex the letter of this file. As for the order of presentation, it can submit to arrangements depending on the availability of the witness and on other considerations that may gain importance as the trial progresses. The SPS will brief the Convention, Protection and Protection of Victims immediately if it decides to make changes to the proposed” order, the prosecution says.

The ZPS reportedly intends to request the admission of evidence of four witnesses in accordance with rule 155, as specified at Annex 1 of this file.

Three of these witnesses ([] REDAKUED], W01448, W04848) are dead, while another ([REDAKTUAR]) has been assessed by the Office for Witness Protection and Support (‘WPSO’) as inappropriate to testify in court, also on the basis of the medical documentation provided by the SPS. The ZPS predicts that in addition to the statements of these witnesses, it will present to the test a number of linked exhibits that are already listed on its list of evidence, in which a final decision will be made at the moment of presenting the respective requests”, it is said further.

Shala was arrested on March 16, 2021, by Belgian authorities and transferred to The Hague on April 15th 2021, on a request for co-operation in implementing the warrant and order for transfer issued by Kosovo's Specialised Chambers.

In the confirmed indictment, Shala is charged with individual criminal responsibility in various forms of war crimes as arbitrary bans, cruel treatment, torture and illegal murder committed in the context of the armed conflict in Kosovo and in connection with this conflict.

The “commands that Mr. Shala was carried out approximately between May 17th 1999 and June 5, 1999, against persons who were held in the metal factory in Kukes (Albania), allegedly used by the Kosovo Liberation Army”, it is said in the communique.

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