The case of former KLA leaders, ZPV submits fifth report to applicant victims, 21 meet conditions of four not

The Office for Partition of Victims (ZPV) has handed the fifth report on the victims' applications to be participants in the procedure against Hashim Thaci, Kadri Veselini, Jakup Krasniqi and Rexhep Selimi, where, according to them, 21 have met the conditions, already four of the applicants have not met.

The ZPV reportedly praised whether the actions described in the applications appear to constitute alleged crimes within the scope of the amended indictment and assessed whether the alleged events took place within the geographical and time scope of the indictment, namely. in Kosovo and in areas of northern Albania between March 1998 and September 1999.

According to the ZPV, applicants claim the following crimes: imprisonment/ arrest and unlawful or arbitrary arrest, cruel/acts of inhumanity, torture, murder and forced disappearance, and crimes for which applicants in Group A claim to be victims fall within material parameters, time and geographic parameters of charges, as specified in the amended indictment.

The report says that ZPV estimates that the crimes the Group B's predecessors claim to be victims do not enter the prosecution parameters, as specified in the amended indictment, while it is said that in considering apps in Group A, the ZPV assessed all three types of damage, respectively, physical, mental and material damage.

With one exception, all indirect victims are members of the direct family of direct victims. In ZPV's assessment, although the victim-77/06 is not a member of the family of a direct victim, The ZPV considers that the demand for a close personal relationship with the direct victim has been sufficiently demonstrated with the statement of the researcher”, said in this report.

The following is said that all applicants in Group A meet the “facie” the requirements needed for the damage suffered, while it is said that in addition, all indirect victims meet the requirement in relation to the relationship with the direct victim.

“Aplicants victim-63/06, victim-64/06, victim-6/05/6, victim-66/06, victim 67/06, and victim-68/06 are members of the same family. They claim to be indirect victims of imprisonment, torture, and murder of a close family member. The close family member is supposed to have been sent to one of the detention sites mentioned in the act changed in the respective period. Researchers claim to have suffered physical, mental, and material injuries. They do not possess any support documents”, the report says.

The claim is said to be the pre-torture victim-70/06 alleged to be the direct victim of illegal detention, cruel treatment and torture by the KLA at one of the detention sites mentioned in the modified Actaza in the respective period. The researcher is also said to have suffered physical, mental and material damage and the applicant has handed over support documentation for mental harm and has shown that there is no other support documentation.

“Predator victim-71/06 claims he is the direct victim of illegal detention, cruel treatment and torture by the KLA at one of the detention sites mentioned at the modified Actacza in the respective period. The researcher claims to have suffered physical, mental, and material damage as a result and delivered all support documentation to his possession. The forger victim-72/06 claims he is the indirect victim of illegal detention, cruel treatment, torture and murder of a close family member from the KLA at one of the detention sites mentioned in the amended indictment within the respective period. The researcher claims to have suffered mental damage. The applicant indicated that there was no documentation for damage”, said further in the report.

According to the report, the forger victim-73/06 claims he is the direct victim of illegal detention and cruel treatment by the KLA in one of the detention sites mentioned at the modified Actaza within the respective period and claims he has suffered physical and mental damage and has no support documents.

“Aplicants victim-74/06, victim-77/06, and victim-84/06 are members of the same family. They claim to be indirect victims of illegal detention, cruel treatment, torture and murder of a close family member. The close family member is supposed to have been sent to one of the detention sites mentioned in the act changed in the respective period. Researchers claim that they have suffered mental damage. They indicated they did not have any support documentation”, the report says.

The following is said to be the victim-75/06 foreplayer claiming to be the direct victim of illegal detention, cruel treatment and torture by the KLA at one of the detention sites mentioned in the modified Act in the respective period and claims to have suffered mental damage. According to the report, the applicant indicated that there was no documentation for the damage.

“Predator victim-76/06 claims he is the direct victim of illegal detention, cruel treatment and torture by the KLA at one of the detention sites mentioned in the modified Actaza in the respective period. The researcher claims to have suffered physical, mental, and material damage. The applicant indicated that there was no documentation for damage”, said away.

Meanwhile, it is said that the forger victim-76/06 claims to be the direct victim of illegal detention, cruel treatment and torture by the KLA at one of the detention sites mentioned in the modified Actacza in the respective period and claims to have suffered physical, mental and material damage. The applicant indicated there was no documentation of the damage.

“Predator victim-82/06 claims he is the direct victim of illegal arrest and cruel treatment by the KLA. The applicant may also be considered an indirect victim of the cruel treatment of close family members. The events described could be linked to one of the crime sites mentioned in the modified Actakuza in the respective period. The researcher claims to have suffered physical, mental, and material damage. The applicants handed in all available supporting documentation”, the following says.

According to the report, applicants victim-8/05/6 and victim-86/06 are members of the same family.

“They claim they are the indirect victims of the forced disappearance and illegal detention of a close family member. The close family member is supposed to have been sent to one of the detention sites mentioned in the act changed in the respective period. Researchers claim to have suffered mental and material damage. They have handed in documentation for material damage. They have no other supporting document”, further reported in the report.

According to the report, the forger victim-24/06 claims to be the indirect victim of illegal arrest and the forced disappearance of a close family member from the KLA within the corresponding period.

“The close family member was sent to an unknown location on Kosovo territory that does not seem to be linked to any of the detention sites in the amended indictment. Despite family efforts to obtain information on the two alleged KLA headquarters, the fate of close family member remains unknown to this day. The researcher claims to have suffered mental and material damage as a result of these crimes. The applicant doesn't own any documents on damage”, it says away.

The ZPV says the forger victim-81/06 claims he is the indirect victim of the murder of two close family members in their family home in Kosovo within the respective period.

In addition, says the events described do not appear to be linked to charges as specified in the amended indictment, and that the researcher claims he has suffered physical and mental injuries and that he has presented a medical report as a support document.

“Forger Victims-83/06 claims he is an indirect victim of the murder of two close family members in their home in Kosovo within the respective period. The events described do not appear to be linked to charges as specified in the amended indictment. The researcher claims to have suffered physical and mental injuries. The applicant has no document on the damage to the Purger victim-87/06 claims he is an indirect victim of killing a close family member at their family home in Kosovo within the corresponding period. The events described do not appear to be linked to charges as specified in the amended indictment. The researcher claims to have suffered mental and material damage. The applicant has no support documentation”, it says further.

In the end, the ZPV recommends the judge of the preliminary procedure to accept the following applicants as the participating victim: Victims-63/06, victim-64/06, victim 6/06/06, victim-66/06, victim 6/06, victim-68/06, victim-70/06, victim-71/06, victim-72/06, victim-73/06, victim74/06, victim-75/06, victim-76/06, victim-77/06, victim-78/06, victim-79/06, victim 80/06, victim-8/06 victim, victim-8/06 victim, victim-8/06/06, victim-8/05/06, victim-8/05/06, and victim-8/06/06.

In contrast, it reportedly estimates that victim applicants-24/06, victims-81/06, victims-83/06, and victims-87/06 have not demonstrated enough on a prima facieum basis that events described in their applications, of which they claim to have suffered damage, within the scope of material, time and geographic charges, as described in the Aktakuza of Change.

“Inline, The ZPV recommends to the judge of the preliminary procedure that he reject these applicants for participating as victims in procedure”, it is said further.

The decision then describes safeguards that have been asked by applicants.

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.