Gucatt and Haradinaj's trial, ZPS says that after the file flow, two witnesses shifted it and security measures for 20 to 30 other witnesses

Otherwise, this prosecutor has demanded that former heads of the War Veterans Organisation of the Kosovo Liberation Army (OVL-UÇK), Hysni Gucati and Nasim Haradinaj, be sentenced to six years in prison and 100 euros in fines.

According to the SPS, after publishing documents from the KLA's OVL in September 2020, several SPS witnesses called members of the prosecutor's staff, including then witness security officer, current witness security team leader Miro Jukiq, and expressed anger, concern and fear that their names have been published in the media in Kosovo and the region.

The prosecution says such calls by witnesses to the SPS began the same day that the first press conference was held, with a witness calling for a meeting that same day, and Yukiq later conducted the meeting.

“The SP told Yukiqi he had believed in the SPS, but his name was now public and his family was at risk, stressing that he knew what happened to witnesses in Kosovo, which Yukiq understood as reference to witnesses who were threatened during the legal procedures in Kosovo”, said in the final prosecution file.

According to the prosecution, on September 24th 2020, Yukiq, security officers for witnesses, prosecutors and investigators, with the help of translators or language assistants, contacted persons who had issued statements at SPS that were mentioned in public documents during the third press conference.

This was finalised in mid-December 2020. These contacts were made mostly by telephone; some meetings were held personally. Contact of persons was the highest priority for SPS at the time and took time. Several members of the staff who had worked in the distance due to the pandemic were obliged to report to the SPS offices for the purposes of carrying out this task”, the prosecution reported, “Justice Vow Bet”.

ZPS says some people contacted by them, expressed fear and felt threatened after publishing their names, and some were upset that their names were included in documents made public by O. VL- KLA and asked Z The SP has stopped contacting them.

“Public names of people from O VL-KLA removed some from further commitment with the SPS. Tens of witnesses with whom the SPS was in contact after confidential documents were made public, indicated that they felt concerned, stressed, insecure, threatened and/or afraid after publication”, said the prosecution file.

On the other hand, most of the people contacted by SPS had reportedly heard OVL-KLA had published documents in September 2020 through the media and that friends or family members had informed several people contacted by SPS that their names figured in these documents.

Next, the prosecution says that after contacting persons mentioned in public documents from O VL- KLA and as a result of publishing these documents, Z The SP took some measures.

According to them, these measures included providing these people with new phone numbers and telephones for safe communication because of the publishing of documents, preparing plans for emergency risk management and shifting outside Kosovo.

The prosecution in the file reportedly prepared emergency risk management plans included the work of several people, including witness security officers and operational security officers.

The accelerated preparation of emergency risk management plans was a necessary measure as a result of this leak and was taken in connection with a limited number of witnesses whose risk levels increased and which were important for SPS”, it is said further.

The prosecution says a shift took place about [the] REDAKU], while the second took place [ REDECT].

“Zhvendosje is an extraordinary measure of last opportunity and is undertaken only when the SPS has no other option of protecting someone in Kosovo, this measure is justified when it is estimated there is a high degree of threat to witness”, the prosecution says.

According to them, to determine whether the shift is guaranteed, the prosecutor and relevant investigators are involved with witness security officers, who prepare a proposal regarding the shift, which is handed over to the specialised prosecutor himself.

Otherwise, the Special Court has scheduled five sessions, from March 14th to March 18th, during which the parties are expected to submit their closing statements.

This trial is the second to begin in Kosovo's Specialised Chambers, headquartered at The Hague.

During this trial, the prosecution's opening statement was first presented, where part of the opening statement was made by the specialised attorney Jack Smith himself.

After that, prosecution witnesses, including employees of the Specialised Prosecutor's Office (ZPS), Zenka Pumper, investigators and Miro Yukiq, head of the team for security and treatment of witnesses, were heard.

After reporting for the conclusion of the prosecution case, defenders filed motions to drop charges, but these motions were rejected by the court, led by Charles L Smith II.

On the other hand, it continued with the prepared defence conference, where hearings were held behind it where the defence presented their cases.

Among the defence witnesses they testified were former Kosovo Police General Director, currently deputy of the Democratic Party of Kosovo (PDK), Rashit Qalaj, as well as a signalling expert and former chief of operations at the Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia (TPNJ).

As the defence also announced the closure of their cases, it will now be prosecuted with concluding statements of the prosecution and defence.

The accused continue to be placed in custody at The Hague detention headquarters.

Hysni Gucati, along with Nasim Haradinaj, is being charged with criminal acts against justice administration, namely obstructing official persons in performing official duties, fearing witnesses, revenge and violating the secret of the procedure.

The “The charges presented in the confirmed indictment rely on well-based suspicion that at least between 7 September and 25, 2020, Mr. Gucati and Mr. Haradinaj uncovered without authorisation protected information from the Specialised Chambers Law, among which identifying data of several (possibly) witnesses, in three press conferences and other broadcast activities, as well as further distribution involving statements on social networks”, it was said in the announcement of the Specialised Chambers.

Gucati and Haradinaj are charged with making derogatory comments against potential witnesses and repeatedly expressed their intention to undermine the work of the Specialised Chambers.

With these actions, Mr. Gucati and Mr. Haradinaj violated the secret of the procedure and feared witnesses (possibly) of the Specialised Prosecutor's Office and subsequently prevented the work and investigations of SPS”, the Kosovo Specialised Chambers announced.