Peter Shala asks witnesses to be heard at public hearings

At the beginning of the session, Gilissen has talked about Shala's decision not to participate physically in the courtroom and, according to him, that is because most evidence is closing to the public.

According to him, Peter Shala had contacted some acquaintances in Belgium on Tuesday who had said they are not understanding anything of what is happening in the courtroom because of the testimony being heard in private hearings.

I met him yesterday evening at the detention facility, it was very difficult to talk to him, and yesterday we lost, Shala didn't attend the session, I can tell that the judicial system also lost Mr. Shala, it's Mr. Shala's wish to be present, he wants to be present during the hearings. When he explained to me, and I'm very sensitive because he's very sensitive, he told me why, he appreciates that we're all professionals and we should think from a broader point of view, he told me that what he felt, maybe for better or for worse, was very painful for him to hear a lot of things that weren't saying in public”, the lawyer said.

He has said Shala is aware of the witness safety issue, but according to him the public should know what's going on in the courtroom.

We have to protect the witnesses, but Mr. Shala, who has heart problems, and has had heart attacks, was really nervous because after having this contact with acquaintances, I create some unpleasant feeling because I realize I'm not following the public, so the judgment wasn't public... I believe Mr. Shala is right, we have a problem at this point, when we see how he's gone, I respect him, I respect him, I fully respect the decision, but it's bad that we lost Mr. Shala because he wants to be present, he didn't withdraw his fear of witnesses at all, he didn't feel good when we met him, and when he was hard to communicate with him because he was really hard to communicate. I mean, with all due respect, that we want you to take into account this premonition”, defense said.

In this regard, Specialised Prosecutor's Office has said they have tried to question witnesses as much as possible in public hearings, but according to them this is not possible all the time.

While the defender of the victims, Simon Laws, has said that witness safety must be the priority.

Of course, the court wants to find a balance between the interests of a fair trial, but at the same time to protect witnesses, and that's something that will be a hundred percent possible all the time. The absolute priority is the security and protection of those who come to bear witness here and if this requires that we have private hearings then, and I'm sorry, but this is the product of reality, this is the reality of Kosovo, and this is a topic that has been mentioned many times by various judges and by witnesses in this (20x1> court, he said.

But according to Shala's lawyer, a trial should be public to be fair.

A trial, to be fair, must be public, please, priority is a public process, it's a guarantee, but of course we have to be careful about the security aspect, especially based on information about identification, identification data for witnesses and for their safety. On the contrary, with all due respect, I present and highlight this, public hearings are a guarantee of judgment and contrary to the defender of the victims I can say no, this is a very important thing, here we have to find balance. We know it's delicate for you to honor the court, it's difficult for the parties, but we don't have to forget the principles, and the principle is the public session”, he said.

While the head of the trial's shame, Mapie Veldt Foglia has said that if the court realizes that some of the transcript of private hearings can be recalcated as public, they will do so.

The question is whether we're going to solve this balance, not being present and solving this imbalance. We're going to do everything we can to make the hearings public and we're going to try to give more instructions in this direction for the parties, the defender of the victims, is your responsibility, you appreciate whether it's possible or not, and not just because of a public process, but also to consider the safety of witnesses”, she said.

This Peter Shala session is being followed by the detention center, via video connection.

Ex-partor of The KLA has left the courtroom on Tuesday and has decided to participate in the trial against it only through video connection. His defense said he didn't feel well and was nervous.

The second protected prosecution witness is being heard in The Hague Specialised Chambers, and most of the evidence is not open to the public or transmitted with edited content.

At The Hague detention centre, Shala has been located since March 2021.

According to Special “The crimes Mr. Shala carried out approximately between May 17, 1999, and June 5, 1999, against persons who were held in the metal factory at Kukes Albania, allegedly used by the Kosovo Liberation Army”.

Peter Shala was arrested on March 16th 2021 by Belgian authorities and transferred to The Hague on April 15th that year, on the basis of a requirement for co-operation in implementing the warrant and order for transfer issued by Kosovo's Specialised Chambers.