Kadri Wessel's Protection Presents the Protection of Supreme Law in connection with detention

In the letter to the head of the Specialised Chambers ( DPSK), Ekaterina Trendafilova, reportedly submitted this requirement for the protection of legitimacy against the controversial verdict, in accordance with Article 4856-hmm8) of the 05 L-053 Law, and rules 59, 193 of the Procedure and Evidence Adjust.

According to the defense, the same surrenders within three months of the Appeal College's decision of March 31, 2022, as required with Article 48506) of the Law.

In this letter, DPS reportedly has detained 100 per cent of all indictees in custody.

They say that for an institution that is supposed to adhere to the highest human rights standards, this practice is not simply the miserable “”, it is alarming.

According to them, detention should be the exception, not the rule. They say, however, that the TSF practice shows quite the opposite, if the rejected decision remains in force, such a practice will reach a step further, with detention becoming an absolute rule, without exception.

The “A significant part of this court case has to do with the wrong meaning, from lower courts, the role of the Kosovo Police in the process of determining whether provisional release should be granted. Unlike international courts and tribulats, DPS is a local court. Kosovo police are not the organ of a third state and concepts like “Undertaking” or “gardi” are not applicable to it. According to the DESK Law and other Kosovo legislation, police are simply willing to implement judicial orders”, the defence ordinance said, reports the Justice Vow.

On the other hand, the Supreme Court College is invited to declare that Wessel's detention has now become unreasonable and that in any case, lower courts have erred, praising that no alternative measure, including the possibility of house arrest in extreme conditions, is not enough to ease the risk of obstruction.

This request, they have based on six bases.

KEDNJ's “Appeals Color has violated KEDJ's Article 5]4 by failing to make a quick decision about continuing Wessel's detention; The Appeals College failed to support Wessel's right to contradictory procedure on Blace's claims, resulting in violations of KEDNJ's provisions 550. The Appeals College did not address the defence parachutes if Lajci's incident is still reason enough, for KEDJ's provisions of Article 5K3, when it is estimated that Wessel would obstruct the” procedures, are the first three bases of Wessel's defence.

The fourth base of the procedure is said to have violated KEDNJ's Article 41K12 and Article 5'3 by imposing unreasonable and unproportional conditions related to the identified risk.

On the other hand, the Appeals College reportedly made a legal error in assessing additional measures proprio weather and that the Appeals College was mistaken in assessing the judge's assessment of the preliminary procedure for the proportion of detention.

The defence requires that the Supreme Court College accept the request, change and modify the rejected verdict and order the provisional release of Wessel, accompanied by whatever conditions it sees necessary and proportional; or by alternative order for Mr. Wessel and the return of the case only to determine any conditions considered necessary and proportional”, said at the bottom of the letter.

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, he has listed imprisonment, other inhuman acts, torture, murder, the disappearance of people by force 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, it has 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.