Mustafa submits the request for protection of legitimacy in the Supreme, seeks to declare the case innocent or to turn it into retrial

In the motion handed down on March 13th 2024, Mustafa has asked the Supreme Court of DPS to modify first and second-degree judgments, canceling sentences for arbitrary bans, torture and murder, thus declaring it innocent or completely canceling the judgments and turning the case into retrial.

Mustafa has put forward five points by which he rejected the Appeal decision, which sentenced him to 22 years in prison.

At the first point presented in Mustafa's request, legal and constitutional violations have reportedly been made. Mustafa has recalled that Apel has been addressed to his arguments regarding the mythic lex principles, which means that if the law involving the criminal act of the accused has changed, the less serious law must be implemented. According to Mustafa, Apel's myth lex is limited and wrong.

As at the very first point, at point two and three, Mustafa has indicated that the Appeal's decision had violations of the Law, Constitution, and the European Convention on Human Rights.

While, at point four, the request is said to have stressed that Mustafa is declared innocent at all points, and that attitude remains today. In addition, it is said that even though the first and second degrees convicted Mustafa of arbitrary arrest, torture and murder in connection with the latter, he has claimed that he was not properly judged in his case.

In a plea for protection of legitimacy in the Supreme, Mustafa has said that the court's first and second degrees have only theoretically interpreted the crime of murder that later convicted him of it.

Mustafa has confirmed that both judgments include substantial violations of the rules and cannot constitute murder as it is under Article 14 of the Law.

The trial “Trup concluded that Mustafa and his BIA subordinates were responsible for the severe mistreatment and rejection of medical aid, which led to the victim's death. However, in terms of bullet holes in the victim's body, there was uncertainty as to whether they were caused by members of BIA or Serb forces. Applying the principle: Dubio pro rhao (prescription of the accused in case of doubt), the Judicial Chamber assumed that Serb forces shot the victim. Despite this assumption, Apel suggests that the Judicial Chamber should have taken into account whether the intervention of Serbian forces constituted a third party act that broke the chain of cause, as was brought up on the appeal”, it is said in part in the request for the protection of Mustafa's legitimacy in the Supreme.

While, at fifth point, Mustafa claims there are violations of his rights, which the Constitution guarantees. According to him, since the act of Appeals was pronounced against him, the draft translated into the accused's language was available from February 12, 2024.

In his request for protection of legitimacy, Mustafa has said the lack of judgment in his language at an early stage violates property rights and time for preparing his defence. It says that this situation was complicated with the fact that the decision to appoint a new protector had been cancelled. According to him, this was confusing and damaged his ability to prepare properly for his defense.

In this request, Mustafa has claimed that he has the right to be informed of the act against him in a language he understands and that this should be done at the right time and that as a result he claims his rights were violated.

Otherwise, on April 6, 2023, Salih Mustafa was ordered to pay 207 thousand euros for the damage to the victims.

Kosovo Specialised Chambers Speaker ( In The Hague, Ekaterina Trendafilova has appointed Judge Gilbert Bitti as the sole judge for overseeing the implementation of the verdict against Salih Mustafa for the damage to the victims.

The act against Mustafa in the first instance was announced on December 16th 2022, with which Mustafa has been sentenced to 26 years in prison. He had submitted 51 points to the Court of Appeals' panel against the punitive decision of the Special Foundation to him.

The Special Appeals Court, on December 14, 2023, has declared judgment against Salih Mustaf, with whom he sentenced him to a unique sentence of 22 years in prison for war crimes.

In reasoning with the court, the head of the Appeals panel, Michele Picard, said that the first degree court had made an outstanding mistake in condemning Salih Mustaf. She also added that a sentence rated for 22 years in prison -- even counting the time spent in detention -- reflects the overall criminal activity of Mustafa.

While the specialised prosecutor, Kimberly West called it a victory for justice, Apel for Salih Mustaf.

The chronology of the case with Salih Mustafa, you can read the CENTU. Otherwise, the indictment against Mustafa was confirmed on June 12, 2020. /Betimy for Justice

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