Evidence Continues Against Former KLA Leaders

Evidence Continues Against Former KLA Leaders

The Special Prosecutor's Office continues the process of presenting evidence, respectively, against Thaci and others. During the past three sessions, the woman's witness answered SPS questions, which was also the closed session. Luka Misetic Hashim Thaci's defence lawyer, before [...]

During the past three sessions, the woman's witness answered SPS questions, which was also the closed session.

Luka Misethic, Hashim Thaci's defence lawyer, before the witness entered the hall demanded that he hand over a new material test, which was not rejected by the SPS and was later accepted by the court.

Otherwise the first indictment against four indictees was confirmed on October 26, 2020, and was made public on November 5, 2020.

On July 22, 2021, the Judge of Pre-Procedure Procedures, through two rulings, partially adopted the defence motions and ordered the SPS to correct and change the indictment, among other things, excluding the responsibility of joint criminal enterprise III for concrete crimes (three appeals against that decision, handed down by Thaci, Selimi and Krasniqi, were rejected by the Court of Appeals on 22 August 2022).

The SPS handed over the amended indictment on September 3, 2021. On December 23rd 2022, the Pre-Procedure Judge approved the SPS's request for changing the indictment in order to include a number of new charges, namely, other detention centres in the Suhareka municipality, new incidents of persecution and unlawful murder in Gjilan, as well as new incidents of the accused's personal participation in the crimes he is charged with.

Following the rejection of Thaci's and Wessel appeals against this ruling by the Appeals Court panel on March 22, 2022, the SPS handed over the revised public version of the amended indictment on April 29, 2022. On July 22nd, 2022, the Pre-Precial Procedure Judge approved, in part, Thaci's defence request, which claims shortcomings in the last indictment and also ordered the SPS that, until September 30th, 2022, present the further amended indictment, with additional information concerning the actual charges.

The additional information concerns the names of direct perpetrators, victims and relevant locations in concrete paragraphs in the current indictment.

On 29 September 2022, the Pre-Precitable Procedure Judge approved the SPS's request to withdraw from the indictment of crimes claims in the Ferizaj municipality and ordered the SPS to reflect this withdrawal of the charges in the further amended indictment, which was handed over on September 30th 2022.

A less edited version of the indictment was delivered on February 27, 2023. Actually, this is the indictment in effect on this case.

“According to the indictment, the crimes submitted in it were committed at least from March 1998 to September 1999 at some locations in Kosovo, as well as in Kukes and Cahan, in northern Albania. These crimes were allegedly committed by KLA members against hundreds of civilians and persons who did not participate in the fighting. The indictment claims that Thaci, Veselin, Selimi and Krasniqi have individual criminal responsibility for crimes committed in the context of an international armed conflict in Kosovo and were part of a widespread and systematic attack on persons suspected of opposing KLA”, Kosovo Specialised Chambers Report

The initial act against four indictees was confirmed on October 26, 2020, and changed on September 3, 2021, April 29, 2022, and September 30th, 2022. The less editing version of Aktakuza was delivered on February 27, 2023. This is currently the indictment in effect in this court case.

Each of the accused has been charged on the basis of individual criminal responsibility on six counts of crimes against humanity: persecution, imprisonment, other inhuman acts, torture, unlawful murder, and forced disappearance of persons. Also against each of the accused, four counts of war crimes have been filed: arrest and unlawful and arbitrary detention, cruel treatment, torture and unlawful murder.

In Aktakuza it is demonstrated that the crimes for which the charges were filed were committed at least from March 1998 to September 1999, and occurred in several countries in Kosovo, as well as in Kukes and Cahan, in northern Albania. The crimes were allegedly committed by members of the Kosovo Liberation Army (UÇK) against hundreds of civilians and persons who did not participate in the fighting. The Aktakuza claims that Thaci, Veselin, Selimi and Krasniqi bear individual criminal responsibility on the basis of various forms of criminal responsibility for crimes committed in the context of an international armed conflict in Kosovo that was part of a widespread and systematic attack against persons suspected of being KLA opponents.

140 people have been admitted as participating victims in the judicial process. Those who demonstrate they have suffered physical, mental or material damage as a direct consequence of a crime put forward at the Confirmed Aktaque apply to participate in the judicial process in the DHSK. These include those who have been directly injured and who have suffered damage as a result of close contact with a direct victim allegedly killed or injured.

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