ZPS seeks to reject Thaci's defence motion

The prosecution has demanded that the motion filed by Hashim Thaci's defence be rejected against new war crimes charges in Semetisht and Budakov, where they had claimed to have defects.

According to the prosecution's letter, the motion has not defined any defects in the form of changes in the indictment and must be rejected.

Contrary to Thaci's defence statements, the requirements set out at Article 38 (4) of the Law and rule 86 (3) of the Order have been met. Indeed, the form of changes is in line with other claims in the indictment, which the judge of the preliminary procedure has already ascertained to be quite clear and specific”, the prosecution has claimed.

According to them, the Specialised Prosecutor's Office notes that Thaci's defence parastras concerning the 93th paragraph of the indictment have no legal basis and should be rejected eventually, as controversial claims fall outside the scope of changes

On the other hand, they say that on the basis of the motion, it is based on repeated parachutes that have already been reviewed and refused by the judge of the preliminary procedure.

“As in previous parachutes, Thaci's protection incorrectly: (i) requires prov details which need not be presented in the indictment and given or provided in accordance with the relevant framework; and (i) object to some isolated claims, regardless of the Aktakuza as a whole”, it says in this letter.

According to the prosecution, when considered in the context and the right circumstances of this case, the motion fails to identify, let alone verify, any seeming defect in the changes in the indictment

Regarding the chief's claim of defence has not been identified, the prosecution says the chiefs have been sufficiently identified in changes and identified according to categories or groups as members of the Kosovo Liberation Army (‘UÇK’), linked to bases, headquarters, specific events and time periods, and in terms of Budakova and Semetica, also referred to by the KLA brigade and operational zone.

“While the Defense claims that no chair has been identified in paragraph 174, it ignores reference to the relevant location and other parts of the indictment, which, read along with paragraph 174, sufficiently identifies authors. Therefore, given (i) detailed information offered, (i) that the accused crimes and ways of responsibility do not depend on the specific identities of individual leaders, and (ii) the nature and general degree of crimes charged in the indictment, additional details concerning the authors should not be declared and constituted provative cases for trial”, the prosecution has claimed.

Similarly, the prosecution says the victims have been sufficiently identified in the changes in paragraphs 68, 93 and 105.

According to them, victims are identified according to categories and groups related to the minimum estimated number, the location of the ban, the time period and other important information on crimes.

Meanwhile, they say some victims are also identified by name, ethnic affiliation and political (perceptive) affiliation.

“Taking into account (i) detailed information given, (ii) the scale and nature of the crimes accused in the indictment, allegedly committed against hundreds of victims and directed against a group or collectiveity, and (ii) that physical execution is not claimed, additional details concerning victims should not be declared and constituted pro-prone cases for trial”, said in the ZPS statement.

In addition, according to the prosecution, crime whereabouts have been sufficiently identified in the changes in paragraphs 68, 105 and 157.

The prosecution says the crime sites in Budakova and Semetitore have been identified according to the village, municipality and their relationship to/use by KLA members, including members of the 123 Army Operative Zone.

“Taking into account (i) detailed information given, (ii) the scale and nature of the accused crimes, and (ii) the fact that it is not claimed to be performed physically, additional details about the crime whereabouts should not be declared and constitute cases of evidence for trial”, the prosecution has claimed.

According to them, the indictment hereby declared the role of indictees in the alleged crimes. When the amendments are read along with the rest of the indictment, it is clear that the accused allegedly are responsible for crimes in, among other things, Budakova, Semetish and Gjilan: (i) through their participation in a joint criminal enterprise (‘NPK’); (ii) as assistants and supporters; and/or (ii) as superior for crimes committed by their subordinates.

The pre-procedure judge has found earlier that the accused's ways of responsibility have been stated with sufficient clarity and specificity, additional details about the alleged connection or role of the accused do not need to be given in changes”, said the prosecution's letter.

At the end of the paper, it is said that as a summary, all material facts, including the changes, have been declared in the indictment with sufficient clarity and specificity to enable the accused to fully understand the nature and cause of the charges against them.

“in line with the established framework, the defence has received and will continue to take on details of evidence supporting declared material facts, including those required in the motion, thus ensuring justice in procedure”, the prosecution has claimed.

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 indictees have committed war crimes even in Gjilan, Budakov and Semetish, reports “Justice bet“.

In the published annex concerning crimes allegedly taking place in Seminishh 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. /Betimy for Justice