Thaci case and others, judgment begins on March 1, 2023

This announcement reportedly during the hearing, among other things, the panel will seek clarification from the parties regarding the procedure if the SPS has ended with the extraction of evidence and list of witnesses who will submit to the trial.

As far as its core part is concerned, it will be discussed on the parties' views of the alleged existence, nature and duration of an armed conflict, and the views of parties on the alleged existence of a widespread or systematic attack on light of findings in TPNj Limaj and Haradinaj cases.

At that time, the announcement reportedly will be discussed as well as the claim of command responsibility, then the necessity of evidence regarding claims concerning Serb crimes committed during that time, the views of the parties whether the prisoners of the time who were members of the armed forces fall into the category described by the SPS as the civil subx0> population of opponents” and the factors that the panel should take into account if the latter was largely civilian in nature.

Also, the panel will seek clarification by Wessel's lawyer over comments made during the status Conference on September 8th 2022 about the time of questioning 153 Justice and SPO's 154 rule witnesses and clarification by Thaci's lawyer concerning the alleged existence of “Operation Patkoi”.

Otherwise, the Specialised Prosecutor's Office on September 30th has handed over the confirmed amended indictment against Hashim Thaci, Kadri Veselini, Jakup Krasniqi and Rexhep Selimi, which consists of ten points of charges, where the latter are charged with war crimes and crimes against humanity. That, after the judge had partially approved Hashim Thaci's defence motion, submitted to the amended indictment in the case where he and Kadri Veselin, Jakup Krasniqi and Rexhep Selimi are being charged with war crimes, and the SPS was ordered to make changes to the amended indictment.

In this indictment, it is said that through actions and inactions described above, Hashim Thaci, Kadri Veselini, Rexhep Selimi and Jakup Krasniqi, have conducted through their participation in a joint criminal enterprise and/or have assisted and promoted crimes charged in this indictment.

According to the prosecution, in addition to this or alternative, Hashim Thaci, Kadri Veselini, Rexhep Selimi and Jakup Krasniqi are responsible for crimes committed by their subordinates.

At that point, the indictment says Thaci, Veselin, Selimi and Krasniqi either knew or had reason to know that the crimes charged in this indictment were ready to be committed or committed by their subordinates and had not taken necessary and reasonable measures to prevent such crimes or punish its authors.

“Hashim Thaci, Kadri Veselini, Rexhep Selimi and Jakup Krasniqi individually criminalised for: point 1 persecution on political and/or ethnic grounds, crime against humanity, punishable according to Article 13 (1) (h), 16 (1) (a) and 16 (1) of the Law; Points 2: imprisonment, crime against humanity, punishable according to articles 13 (1) (e), 16 (1) (a) and 16 (1) (1) of the Law; point 3 unlawful or arbitrary detention, war crime, punishable according to articles 14 (1) (c), 16 (1) (a) (a) and 16 (1) (1) (c) of the Law”, is said in indictment by the prosecution.

At point 4, they are charged with other inhumane acts, crime against mankind, punishable according to articles 13 (1) (i), 16 (1) (a) and 16 (1) (c) of the Law, and 5 at 5 for cruel treatment, war crime, punishable according to articles 14 (1) (c) (i), 16 (1) (a) and 16 (1) (1) (c) of the Law.

“Pica 6: torture, crime against humanity, punishable according to articles 13 (1) (f), 16 (1) and 16 (1) law; Points 7: torture, war crime, punishable according to articles 14 (1) (c) (i), 16 (1) (a) and 16 (1) (c) of the Law; Point 8: : murder, crime against humanity, punishable according to articles 13 (1) (a), 16 (1) (a) and 16 (1) (c) of the Law; Point 9: murder, war crime, punishable according to articles 14 (1) (c) (i), 16 (1) (a) and 16 (1) (c) of the Law; Points 10: Forced disappearance of persons, crime against humanity, punishable according to articles 13 (1) (i), 16 (1) (1) (a) and 16 (1) (c) of the Law”, says the indictment.

On April 29th, the Specialised Prosecutor's Office had handed over a amended indictment to Hashim Thaci, Kadri Veselin, Rexhep Selimi 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