“The special would have to apply the law of the former Yugoslavia on charges against Mustafa”

“The special would have to apply the law of the former Yugoslavia on charges against Mustafa”

The lawyer licensed at the Special Court, Mentor Beqiri, has said that the Special Court, which today sentenced to 26 years in prison former KLA member Salih Mustafan, has not used the law adopted by the former Yugoslavia, which envisions that for the works Salih Mustafa has been charged, the maximum sentence is 15 years in prison. “On [...]

At the time when the prosecution claims that crimes were committed by Mr. Mustafa, the former Yugoslavia's criminal law has been applied in that law is envisioned that the maximum sentence, for the works Mustafa has been charged with, has been 15 years, as well as capital punishment. After UNMIK's arrival in Kosovo, they have adopted as applicable law, the former Yugoslavia's criminal law on Kosovo territory and have stressed that capital punishment is lifted, which is replaced with a 20-year prison sentence. So at that time, the law has seen a person be sentenced to a maximum prison sentence of 15 years, or as a replacement for capital punishment, 20 years. In all post-war judgments against humanity, whether in UNMIK, EULEX, or in local courts, the law of the former Yugoslavia has rightly been applied, the question is why the Special Court is not applying this law”, attorney Beqiri said in Klan Kosova.

Beqiri said the Special Court was founded by the Kosovo Parliament and should as such follow laws that apply to other courts in Kosovo

“expects Mr. Mustafa's defense to raise this issue to the height of the” sentence, he said.

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