All Special Reason for Sentencing Gucat and Haradinaj

While, for one point dealing with the criminal act of retaliation, they have been acquitted of the prosecution, reports the “Justice Trust”.

Haradinaj's Gucati was sentenced for criminal acts linked to obstructing justice administration.

For points 1, 2, 3, 5 and 6, where Gucati and Haradinaj were convicted, the court said it has convinced the accused committed criminal acts that were placed on them.

According to the court, the defendants had discovered protected information by displaying documents and by allowing those present at three press conferences to photograph and carry these documents with them.

The accused directly targeted for revealing protected information. This is especially evident by their actions, their pledges to continue in publishing any relevant document, stating it was their duty to do so, their repeated encouragement to journalists to publish their documents and statements that they welcomed further surrenders of such documents”, Judge Smith II said.

The court also found that the accused in the same way have discovered the identity or personal data of potential witnesses or witnesses taken in protection from TFHS and SPS.

And that this by court has caused serious consequences for some of the witnesses.

“Anyway, the court is not convinced that the actions of the accused could not or prevented many SPS investigations. Consequently, the court finds that the SPS has proven beyond reasonable suspicion the basic form of criminal activity at point 6 and the serious shape only in terms of serious consequences in connection with the two accused”, Judge Smith II said.

On the other hand, the court has found that the accused did not care where and in whose hands the information they discovered would be completed.

“Also, the accused publicly questioned the authenticity of information given by witnesses, calling them “deniers” and claiming without any reliable reason that they had given evidence to benefit or because they were forced. They also referred to witnesses and eight potential witnesses with a derogatory and threatening language, calling them “traffickers”, “spiun”, “collaborators” and “ofosa”, thus echoing a known rhetoric intended to arouse hostility towards those who had chosen to co-operate with ZPS”, Judge Smith II said.

Therefore, the court has found that the accused's actions and statements caused serious threats, which would have caused serious fears and concerns for many witnesses or possible witnesses to make them hesitate to provide information in investigations concerning former KLA members.

“The message of the accused to these witnesses was: now that everyone knows who you are, no one can protect you, because you are “trifer “, “minus4>, “co-worker<6>, “Albanian”, which does not want good for Kosovo and KLA<10>. The Judicial Chamber is aware that subtle forms of witness intimidation have repeatedly removed victims from the opportunity to tell the truth about crimes committed against them and have significantly hampered efforts to reconcile societies stemming from the” conflict, Judge Smith II said.

The court has found that the actions of the accused caused serious consequences for a number of possible witnesses or witnesses, but no evidence has been presented to the court that the conduct of the accused actually caused any of these or any other witnesses to no longer testify to the DHS/ ZPS.

“The SPS has also not demonstrated concrete and current obstacles that have been caused to its investigations, for which responsibility could be attributed to the actions of the accused. Also, there is no indication that as a result of the deviation of time and capacity, The SP was stumbled or delayed to perform its usual functions. For these reasons, the court finds that the SPS has failed to prove that the accused's actions and statements prevented DHS officials/ ZPS in carrying out their official duties”, Judge Smith II said.

But, the court has stressed that it remembers that KKP's 401] criminal acts could be carried out even if the obstruction is attempted but are not carried out to the end.

The two accused made clear their intentions to disobey the orders of the DHS/ ZPS. Also, the two accused expressedly stated that they wanted to stop or harm the DHS processes/ ZPS, so that what they described as a court “worth” and mutual “” do not prosecute Kosovo “2>, the judge said.

Judge Smith II has said that the court possesses evidence that Gucati, Haradinaj and Faton Klinku acted as a group in revealing information.

The trial body is convinced that the accused and Mr. Klink, in their efforts to uncover protected information and prevent DHS officials/ The SPS in carrying out their official functions acted under Mr. Gucati as O chairman VL-KLA. For these reasons, the court has been convinced that Mr. Gucati acted as leader of the group. Mr. Haradinaj acted under Mr. Gucati played an essential role as a member of the group. The court is not convinced that he acted as leader or organiser of the group”, Judge Smith II said.

While for the 4th point involving the criminal offence, the judge has said the court has found that the SPS has failed to prove beyond reasonable suspicion that the accused committed this criminal act.

However, according to KKP's Article 38501, it is the SPS that has the obligation to prove that the accused were aware that witness information had at least to some extent -- the truth. Z The SP failed to prove that the accused were aware of this. For these reasons, the court states that the SPS has failed to prove that the accused acted with the necessary intention towards any of the witnesses, whom they discovered identity and/or personal data”, Judge Smith II said.

Later, the same has addressed part of the sentence, which said the accused are responsible for serious criminal acts that endanger proper administration of justice.

The accused showed no concern about the possible consequences or consequences of their actions. They acted flagrantly, openly, without making differences and ignoring the rule of law or authority of this court. This act clearly describes these actions as they are: criminal and unpatriotic; a threat to justice and not guided by public interest”, he said.

While, as extenuating factors, the court has ascertained the family and/or health situation of the two accused, as well as about Gucati, his community job.

Hysni Gucati, along with Nasim Haradinaj, was 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 were charged with making derogatory remarks 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.