Court refuses Thaci's defence request over nine diplomatic witnesses

The defence had sought to preserve the evidence of nine witnesses, to ensure Thaçi's right to ensure the participation and questioning of witnesses in his name, in the same conditions as witnesses against him, reports the “Justice Vought”.

To do that, the defence requires the panel to change the regular order of evidence, as predicted in the 127th rule, in order to hear witness testimony before the start of the SPS case, instead after its completion. In the alternative, the defence invites the panel to provide witness testimony by observing the takeover of deposits according to the 100” rule, the court ruling said.

The defence had stated that the legal framework of the Specialised Chambers authorises the panel to approve a request to preserve evidence through depositing whether there is reason to believe that evidence of a potential witness could become unremittable.

“The protection states that witnesses will offer some of the most important evidence that the TSF will hear in this case, in part because of their (i) position and roles in Kosovo during the period of indictment; (ii) unique priority and involvement with key individuals during that time; (ii) interactions with Mr. Spoken at the professional level and, in some cases, personal; and (iv) the ability to testify to the core issues in case” is further said.

According to the ruling, the defense states that the motion is justified in light of two factors: the extended age of witnesses and the projected time when the defense will likely begin the case in light of current predictions, namely, late 2025 or early 2026.

The ruling states that by the time the defence issue begins, there is a very real danger that witness testimony, which will then be in it, may not be more available because of death or disability.

The defence requires witnesses to be heard in the DPS court in March 2023, but for one that is available only since April 2023. As far as alternative assistance is concerned, it requires that deposits be carried out at an open session in the DPS court chamber, if witnesses are good enough to travel in February 2023, with the exception of a available witness in April 2023”, it is said further.

Regarding this motion, the prosecution had demanded that the same be refused by the court.

Otherwise, the Specialised Prosecutor's Office, on September 30th, 2022, 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 2022, the Specialised Prosecutor's Office had handed over a amended indictment to 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.