26 years in prison: Points for which Salih Mustafa was convicted by the Special

26 years in prison: Points for which Salih Mustafa was convicted by the Special

Former Kosovo Liberation Army Commander Salih Mustafa has been sentenced Friday by the Special Court to The Hague headquarters to 26 years in prison for unlawful murder, arbitrary detention and torture. “In the name of the people of Kosovo, for reasons discussed in the court and summed up above, and considering all the evidence [...]

“In the name of the people of Kosovo, for reasons discussed in the court and summed up, and given all the evidence and arguments of the victims' defence parties, the Judicial Chamber, under Article 43 and 44 of the Law and 158 and 159, 163 and 165 of the Order, is declared to you Mr. Mustafa, guilty of:

“Pica 3: torture as a war crime, according to 14 paragraphs 1, c points and gave nine 16 1a of the Law, direct execution”. “Pica 1: The arbitrary ban as a war crime under nine 14c and 16 1a of the law as part of the joint criminal enterprise in its base form. ” ) is said to be further in judgment. “For point 3: torture as a war crime, according to Article 141c and, 16 1a of the Law, as part of the joint criminal enterprise in its basic form.” was said away.

Mustafa was initially charged with arbitrary detention, cruel treatment, torture and unlawful murder.

These crimes are said to have been committed at the Zlach detention complex in Kosovo in April 1999.

As for the charge of ban, the chief judge has said that at least 6 people have been banned from freedom in April 1, 1999, April 19, 1999.

“Victims were arrested by BIA members, or other KLA members near Zllash”.

She has said the detention centre in Zlatko is controlled by Mustafa.

On the charge of torture, the chief judge has said that the detainees have been held in inhumane and humiliating conditions.

She has said that the point of cruel treatment is covered by the point of torture and, as such, has not been further examined.

“They were kept in miserable conditions between livestock dung”.

“They slept in the water, in the pool, in the stable was always dark, they didn't have enough food, they spent two three days without eating”.

When the detainees asked for water, BIA soldiers hurrahed over them, saying, water supply”.

She said the detainees were beaten with baseball bats, beaten, burned.

Mustafa himself has questioned and mistreated two of them”.

She has also said Mustafa himself has ordered his subordinates to beat a detainee until he has lost his emotions.

According to her, the detainees are also mentally abused.

A witness said he heard voices of people doing like dogs, cats and couldn't sleep”

At the point of illegal murder, Veldt-Foglia has said the death of a victim in the last period of April 1999, “could be attributed to Mr Mustafa's actions and inactions as BIA commander of”.

Mustafa himself has been declared innocent until, on one occasion, the court has considered the Gestapo <x0); Gestapo' <x0).18x1> -- reference to the secret police service in Nazi Germany's time.

According to the indictment, Salih Mustafa, also known as Commander Caliı, was commander of the guerrilla unit. BIA (BIA) units within the Kosovo Liberation Army Operative Zone Lap.

The trial against him constitutes the first war crimes trial to be launched at the Special Court.

THE ACTACHAL HISTORY

The act against Mustafa was confirmed on June 12, 2020, and the latest version was made public on September 28, 2020.

AQUIDE CENTURY

The Act charges Mustafe with individual criminal responsibility and criminal responsibility as a superior for crimes committed by several KLA members against persons detained at the Zlach detention complex in Kosovo's Gollak region. According to the indictment, roughly between April 1st 1999 and about the end of April 1999, Salih Mustafa and several KLA soldiers, policemen and guards had the same common goal of questioning and mistreating detainees at the Zlach detention complex. The common goal involved crimes specified as follows.

Salih Mustafa charged with:

CRIMES WAR T:

  • arbitrary ban (Pika 1)
  • Cruel Treatments (Pica 2)
  • Torture (Pika 3)
  • Illegal murder (Pika 4)

Z HV LILOSES PROCEDURAL

  • Mustafa was arrested and transferred to the detention unit of Kosovo's Specialised Chambers on 24 September 2020.
  • Mustafa's first appearance session was held on September 28, 2020, in front of preliminary judges Nikola Giyu. In his further presentation, on October 28, 2020, Mustafa pleaded innocent to all points of the indictment.
  • The sides handed over their latest versions of the preliminary files on February 22, 2021, and May 6, 2021.
  • On April 30, 2021, the Preemptive Procedure Judge made the first decision on the demands of the victims.
  • On May 7, 2021, the Judge of Preemptive Procedure passed the case file to the Judicial Chamber I.
  • On May 21, 2021, the Judicial Chamber made its second decision on the demands of the victims. The Judicial Chamber also extended the deadline for victims to apply until the specialised Prosecutor's case was closed. Eight victims within a single group (group 1) participated in the case.
  • The preparation conferences for the trial in the case were held on June 9th and 10th, 2021.
  • The trial began on September 15, 2021, with the opening statements of the Specialised Prosecutor and the representative of the victims. On February 4th, 2022, the SPS closed its case.
  • On February 23rd, 2022, the Judicial Chamber rejected the defence motion to drop charges against the accused, according to the 130nd Equipment and DHSK evidence regulation. The Defence Preparation Conference and the Preparation Conference on the attended victims were held on March 8th and 9th 2022.
  • The presentation of evidence from the defence began on 22 March 2022, preceded by the presentation of evidence by the victim's defender, on March 21st. On May 26, 2022, Salih Mustaf's defence announced the official closure of their evidence presentation.
  • On June 1, 2022, Z. The SP presented its countertests by calling a witness and offering additional documentary evidence.
  • On June 3rd, 2022, the Judicial Chamber presented additional evidence based on the 132 rule of order, or two expert reports concerning the health assessment of some victims participating in the case.
  • Testing on this court case ended on June 20, 2022. On July 21st and July 22, 2022, Mustafa's Defense and the Prosecutor's Office handed over their final court files. The closing statements were made in September 13th-15th, 2022.
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