Twelve victims included after expanding the indictment against former KLA leaders

The pre-procedure judge has concluded that there is evidence ʹprima facie) that victims 21/06, 44/06, 45/06, 46/06, 47/06, 53/06, 5/0406, 55/ 06, 56/06, 57/06, 58/06 and 59/06 have suffered damage as a direct result of the crimes alleged in the amended indictment and acknowledges them as the participating victim in the procedure.

It says that all applicants are victims of crimes allegedly committed in locations identified in the amended indictment and alleged crimes fall within the time scope of the charges as specified in the amended indictment regarding each of the locations, reports the “Betim for Justice“.

“More specifically: (a) Victims 21/06 are direct victims of persecution, detention/an arbitration and arbitrary ban, other inhumane acts, cruel treatment and torture allegedly committed in [the] REDECT]. Noting that the 21/06 victim also claims he is the victim of alleged crimes in 2004, the trial judge of the preliminary procedure recalls that such crimes do not fall into the time range of charges or in the provisional jurisdiction of the Special Chambers”, the decision said.

In addition, it is said that victims 44/06, 45/06, 46/06 and 47/06 are indirect victims of persecution and detention/or unlawful arrest and arbitration, allegedly committed in [the] REDAKHED] against a close family member.

The trial of the preliminary procedure notes that even victims 44/06, 45/06, 46/06 and 47/06 claim their family's fate is unknown. In this regard, the judge of the preliminary procedure notes that the family member is not among the victims of the murder or by force mentioned in the amended indictment and therefore the murder and/or the alleged disappearance of the family member falls outside the scope of the case”, the verdict says.

Under the decision, the 53/06 victim is the indirect victim of imprisonment/ arrest and illegal or arbitrary detention, other inhumane acts, cruel treatment and murder, allegedly committed in [the] REDAKHED] to a close family member who is referred to as a victim in a changed indictment.

“However, the judge of the preliminary procedure notes that the family member is not among the victims of the forced disappearance mentioned in the amended indictment, and therefore, this alleged crime falls out of the scope of the charges”, the verdict said.

Also, the victim of 54/06 is reportedly the direct and indirect victim of imprisonment/or illegal arrest and arbitration, other inhumane acts, cruel treatment, torture and murder allegedly committed at [the] REDECT] against him and a close member of the family who is mentioned as a victim in the changed indictment.

“Victims 55/06, 56/06 and 57/06 are indirect victims of arrest/or illegal arrest and arbitrary arrest, other inhumane acts, cruel treatment, torture, murder, and in the case of victim 56/06, also allegedly forced extinction, allegedly committed in [the] REDOCTED] and in [ REDAKUED], against close family members mentioned in the changed indictment”, the decision states.

The decision says victims 58/06 and 59/06 are indirect victims of persecution, imprisonment/ arrest and illegal or arbitrary detention, other inhumane acts, cruel treatment and torture, allegedly committed in [the] REDAKUED] to a close/resident family member.

“in the measure that victim 58/06 also claims to be a direct victim of mistreatment and victim 59/06 indirect victims of alleged mistreatment of victim 58/06, the judge of the preliminary procedure recalls that charges of other inhuman acts and cruel treatment should be read along with charges of arrest/ arbitrary arrest and alleged detention committed at one of the identified detention sites or at a location similarly identified in the amended indictment and the list A. The judge of the preliminary procedure notes that, unlike his close family member, the victim 58/06 has never been arrested or sent to the site identified in the amended indictment. He was allegedly mistreated [ REDAKUED] and, as such, its mistreatment falls outside the geographical scope of the charges as specified in the amended indictment”, is said to be further in the decision.

According to the decision, the 21/06 victim has suffered physical injury (pag), mental damage (medical loss, panic attacks and sleep anxiety) and material damage as a direct result of its alleged ban and mistreatment.

Meanwhile, it is said that victims 44/06, 45/06, 46/06, 47/06, 53/06, 55/06, 56/06, 57/06 and 58/06 have suffered mental damage (the psychological trauma, loss, emotional pain, depression, fear, anxiety, stress and insomnia) as members of the direct family of direct victims.

“Victim 54/06 has suffered physical injuries (heavy wounds, broken ribs, physical pain and headache), and mental damage (trauma, stress, return, fear and sleep problems), as a direct result of his alleged ban and mistreatment and as a member of the family of a direct victim. The victim 59/06 has suffered mental damage (mental trauma) because of the close family relationship with the direct victim. In this regard, the judge of the preliminary procedure explains that while a close relationship with the direct victim may not be assumed (as the victim 59/06 is not a close member of the family), such a relationship can be concluded by the fact that [the victim] REDAKU] [HODAKH] REDAKUED]”, this decision says.

The tribunal is said to have approved the applications of victims 21/06, 44/06, 45/06, 46/06, 47/06, 53/06, 54/06, 55/06, 56/06, 57/06, 58/06 and 59 /06 and has ordered that the safeguard clause of anonymity under rule 80 (4) (e) the Order is granted 21/06, 44/06, 45/06, 46/06, 47/06, 53/06, 5/06, 5/06, 55/06, 56/06, 56/06, 5/06, 5/06, 5/06, 5/07/06/06, 5/06/06 and 59/06/06.

Otherwise, on April 29th, the Specialised Prosecutor's Office has handed over a amended indictment against Hashim Thaci, Kadri Veselin, Rexhepi and Jakup Krasniqi.

The prosecution is claiming that the four defendants have committed war crimes even in Gjilan, Budakov and Semtish.

In the published annex concerning crimes allegedly taking place in Semetitish and Budakova, the prosecution has listed war crimes such as arrest and unlawful or arbitrary detention, cruel or inhuman treatment, torture, murder. Meanwhile, as crimes against humanity have listed imprisonment, other inhumane acts, torture, murder, forced extinction of persons and persecution.

And for crimes claiming to take place in Gjilan, as war crimes, he has listed the arrest and illegal or arbitrary ban, cruel or inhuman treatment, torture and murder. While as crimes against humanity have listed imprisonment, other inhumane acts, torture, murder, and persecution.

On November 9th 2020, in their first appearances, Hashim Thaci's Jakup Krasniqi has been declared innocent of the charges placed on them.

Wessel has been declared on November 10th, as has Selimi on November 11th.

The incident against Hashim Thaci, Kadri Veselin, Rexhep Selimi and Jakup Krasniqi is confirmed on October 26, 2020.

According to the prosecution, at least between March 1998 and September 1999, Hashim Thaci, Kadri Veselini, Rexhep Selimi, Jakup Krasniqi and other members of the joint criminal enterprise had the common goal of securing and exercising control over all of Kosovo through methods involving intimidation, mistreatment, violence and the unlawful elimination of those considered opponents.

“Set up these opponents included persons who were, or who were considered to have been: (a) collaborators or forces, officials or state institutions of RFJ, or who (b) otherwise did not support the purposes or methods of the KLA and later QPK, among whom persons linked to the LDK and Serbs, Roma and persons of other nationalities (joinly, non-combatorsors). This common goal included crimes of persecution, imprisonment, arrest and arbitrary or illegal arrest, other inhumane acts, cruel treatment, torture, murder and forced disappearance of persons”, the indictment said.

In addition, Azem Syla, Lahi Brahimaj, Fatmir Limaj, Sylejman Selimi, Rrustem Mustafa, Shukri Buja, Latif Gashi and Sabit Geci are also mentioned.

According to the indictment, the accused along with other KLA leaders contributed to achieving the common goal.

“As an alternative, some or all of these individuals were not members of the joint criminal enterprise, but were used by members of the joint criminal enterprise to commit crimes for the realisation of the common goal (with members of the NKP, jointly members and NKP instruments)”, says the accusation act.