Why did The Hague not release Nasim Haradinaj?

The Special Court in The Hague has announced today that it has decided to release Hysni Gucatin on defined terms. The decision was made by the head of Specialised Chambers, Judge Ekaterina Trendafilova, where Gucati will be released on 18 October 2023. Court orders former head of O The VL-KLA carefully respects the conditions set out in the decision.

The Special Court in The Hague has also announced today concerning the decision to provisional release Nasim Haradinaj. On this issue, according to the decision, Haradinaj has been counted as not fully respecting the regulatory framework of the detention centre on three different occasions. This situation, according to the ruling, has raised doubts about its rehabilitation level and its provisional release has not been approved.

Article 51é2) of The Hague's Specialised Chambers Law on Article 3ʹ1) and 10 of practical instruction gives the president of the Special Chambers, Judge Ekaterina Trendafilova, the competence to change or modify the sentence of a convicted person, respectively.

This may happen after this person has suffered two thirds of his sentence, and if the chairman finds that lowering the current sentence is not appropriate.

With the aim of that decision, Trandafilova has the competence to change the sentence, ordering the release of the person convicted under specific conditions. Determined conditions apply during the period of sentence for the condemned person or during a date set earlier.

Instead, in accordance with the decision, it has been noted that there are several factors that favour changing Haradinaj's sentence by release, though conditional.

Based on the above elements, it has been estimated that Haradinaj has had the opportunity to reflect on his actions during the time he has suffered over two-thirds of the sentence and has concluded that his attitude has changed over time.

In the general analysis, Trandafilova considers Haradinaj's expressions of regret during his hearing and his commitment to meeting all conditions set for his release to be fair and sincere. Haradinaj had further confirmed that he would meet any conditions set for his release.

According to the decision, Trendafilova, after carefully examining the entire information before her and taking into account the views of judges and the interests of justice, concludes that easing the sentence is not the appropriate solution.

So even Haradinaj's immediate release, even under conditions, is not appropriate at this moment, given the obvious lack of respect for regulations and regulations, as shown in disciplinary documentation in the detention unit.

The report by the DHSK detention unit points to the fact that Haradinaj had earlier disciplinary conflicts.

Under the decision, Haradinaj has been announced on three different occasions and has been punished with a written warning while in custody. The first announcement was made on November 30th 2020, after it was found that Haradinaj deliberately violated Article 4K1 of the Practice Guide for Media Communication, giving a statement to a media medium through his wife without asking for approval of the act.

On March 22nd 2022, Haradinaj has repeated the same violation, participating in a TV interview without asking for initial approval from the secretary. For this violation, Haradinaj has been sentenced to a written warning.

On 7 February and 15 March 2023, Haradinaj has been warned of two other violations of the detention centre's regulations and regulations. The detention centre's report finds Haradinaj “has shown no inclination to respect rules”.

On the basis of the decision, easing Haradinaj's sentence is not appropriate, and for that reason it has not been approved.

The public version of this decision can be found THESE.

Hysni Gucati and Nasim Haradinaj were arrested on 25 September 2020 in Pristina.

OVL leaders- KLA Gucati and Haradinaj on 18 May 2022 were sentenced to 4 years and three months in prison and 100 euros in fines.

They were found guilty that between September 7th and September 25th 2020, they distributed confidential and non-public information about the Special Investigative Task Force investigations (‘TFHS’) and ZPS, reports Callos.