Special Rejects Former KLA Chiefs' Protection Request

The judge of the preliminary procedure, Nicolas Guillou, has rejected the defenders' request for re-launching the material testimony in the case of Hashim Thaci, Kadri Veselin, Jakup Krasniqi and Rexhep Selimi.

The court's decision states that Wessel's defense, Thaci's defence and Krasniqi's defense state that the Specialised Prosecutor's Office (ZPS), without giving any reason, has classified as confidential all the testimony materials revealed so far to the defence, thus violating the 83C) rule of regulation and, in general, the accused's right to a fair and public trial, as envisioned, among other things, at Article 212) of the Law.

The defence reportedly requires that the trial judge of the preliminary procedure: (i) order the SPS to re-classify any non-confidial material as public; (i) order the SPS to justify the confidential classification of witnesses that are not available publicly; and (ii) to set a timeline for completion of the intelligence material from ZPS.

On the other hand, the SPS says that defence misunderstands the purpose of the principle of advertising procedures and that in the current preliminary phase of the procedure, in particular, a confidential classification remains appropriate for a considerable portion of provative items, including items that may seem to be public.

In turn, it is said, however, that the SPS “recalls that it will review, and when appropriate, will review the classification of provative materials before the trial starts and [...] that such rankings will remain under consideration throughout the procedure.

The decision says that initially the judge of the preliminary procedure remembers that, in line with the 835] rule of the Order, any non-public process of procedure and evidence will show the reasons for such a classification and whether and when it can be re-recognified.

Moreover, the pre-procedure judge recalls the framework decision for detection of evidence and related issues (“The framework setting for detection”), which specifys that “[] during testing detection, the parties will determine the proper level of classification of each item and will register the evidence as public, unless there are reasons to classify the material differently, in line with Rule 83C) rule”, this decision is said.

According to the decision, for a considerable portion of the evidence material discovered, in particular the materials related to witnesses (declarations taken by the SPS and other institutions, as well as materials related to those statements) or materials obtained from other international institutions, the trial of the preliminary procedure has ordered safeguard clauses after considering the proper reasoning provided by SPS.

The decision says such material preserves its classification until the moment the ordered judicial safeguard clauses are removed, or as commanded by a panel.

Meanwhile, it is said that in terms of material that is publicly available, the judge of the preliminary procedure finds that, regardless of its public availability, there may be reason for the confidential classification of such material in procedures before the Specialised Chamber.

For example, the publicly available material may need to be kept confidential, at this stage: (i) to protect the security, physical and psychological well-being, the dignity and privacy of witnesses, the victims who participate in procedure and other persons at risk because of evidence given by witnesses from the Specialised Chambers; or (ii) because some details included in it or the conclusions ZPS extract from them are not (still) in the public domain”, this decision states.

According to the decision, the question of (re-) classifying unconfidenal materials should be considered further against the general climate of intervention and intimidation of witnesses prevalent in Kosovo. Hence, it is said that such material also preserves its classification unless a Panel commands otherwise.

<x0) While publicity of the procedure is a fundamental right of the accused according to Article 21é2 of the law, the judge of the preliminary procedure recalls that this right is not absolute but is subject to the limits needed for protecting other interests, including witness safety”, the decision states.

Furthermore, evidence is said to be discussed, not in the preliminary phase, but in the trial and that, as a result, the provative material may remain confidential in the preliminary phase, as described earlier.

The decision says that, on the other hand, preliminary procedures are in an advanced phase, the handover of defence processes has been ordered, for some witnesses has ended the delayed period of detection, and their identity has been disclosed to defence.

Under the decision, defence investigations are under way for several months, there is a framework for dealing with confidential information and broadcasting the subject file into a jury will occur in the near future.

In the end, it is said that the court rejects the request to the extent it requires by the judge of the preliminary procedure to now order re-proscription of non-confidial pro-profit materials.

“commands ZPS to review Non-Confidencial Material and hand over until Friday, November 4, 2022, a list showing: i. which material can be reclassified as public at this stage; i. which material should remain confidential until the trial phase, the reasons for this, and at what particular moment of the trial phase, this material can be reclassified as public; ii. Which material should remain confidential throughout the process and the reasons for that reason”, it says further.

In the meantime, the SPS is also ordered, so that when it reveals other non-concidential material protections, to define the proper level of classification, to show the reasons for any non-public classification and to show whether and when this non-confidial material can be re-recoupled, in accordance with Rule 83 1).

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. /Betimy for Justice