2 minutes agoDefence requires Peter Shala to be released or set up house arrest measures in Belgium
Periskopi(3 years ago)
(3 years ago)Through a letter to Mapie Veldt- Foglia-led court panel, Peter Shala's defense has demanded that provisional release of the accused or house arrest be ordered at his residence in Belgium or any other condition considered appropriate. On March 16, 2021, on the defense requirement, Shala was [...]
Through a letter to Mapie Veldt- Foglia-led court panel, Peter Shala's defense has demanded that provisional release of the accused or house arrest be ordered at his residence in Belgium or any other condition considered appropriate.
Under the defense request, on March 16, 2021, Shala was arrested and detained in Belgium.
On April 15th, 2021, he was transferred to the pre-meditation facilities of Specialised Chambers in The Hague, Holland. On April 19, 2021, he was acquitted of all charges specified in the indictment. To date, the accused has been in custody at the DKS's pre-trial sites for more than 21 months. Continued detention of the accused is unjustified, as it is neither necessary nor proportional”, the defence letter said.
On the other hand, the Specialised Prosecutor's Office (ZPS) reportedly carries the burden to prove that the detention of the accused is necessary.
The longer the accused stays in custody, the higher the burden of SPS to justify continuing detention. The ZPS has failed to prove that the accused, if released, would escape, prevent procedures, or commit further crimes, and therefore failed to meet the requirements of Article 41506) of Law No. 05 L-053 for Specialised Chambers and Special Prosecutor's Office”, said by defence.
Under defence, the SPS has failed to provide any concrete basis that could show that continuing the indictee's detention is needed and proportional.
Otherwise, Shala was arrested on 16 March 2021 by Belgian authorities and transferred to The Hague on 15 April 2021, on a request for co-operation in implementing the warrant and the command for transfer issued by Kosovo's Specialised Chambers.
In the confirmed indictment, Shala is charged with individual criminal responsibility in various forms of war crimes as arbitrary bans, cruel treatment, torture and illegal murder committed in the context of the armed conflict in Kosovo and in connection with this conflict.
The “commands that Mr. Shala was carried out approximately between May 17th 1999 and June 5, 1999, against persons who were held in the metal factory in Kukes (Albania), allegedly used by the Kosovo Liberation Army”, it is said in the communique.
