Defense requires Peter Shala to be declared innocent

“Finally; it requires you to declare that the legal threshold of evidence beyond reasonable doubt. The case in question has not been fulfilled, nor have the charges against the accused been confirmed. As a result, I predict that Mr. Shala should be acquitted of”, lawyer Gilissen said.

He said it requires that proper criteria be used to analyse the credibility and reliability of all statements given in this judicial process, reports “Justice Vow”.

It's what I'm looking for and what's required of real law and justice is to use the right criteria to analyze the credibility and support of the declarations. I demand that these criteria be the same for everyone. Be the same to all, whether the statements are made by an accused or by a witness. So criteria should be the same for all”, he said.

Before that, Gilissen said they did not object to the fact that there were detainees who were mistreated at the metal plant in Kukes, but he said Peter Shala did not participate in such criminal acts.

“Never, never the only”, Jean-Louis Gilissen said, adding that he is not guilty even of killing one of these detainees.

If you mean that Mr. Shala has committed something contrary to the law, we need to understand whether this criminal act has been linked to crimes committed by others, or it has been a criminal offense that applies only to this person and entirely individual associated with it”, he said.

According to lawyer Gilissen, to link Shala to the crimes of those who have already been convicted and the crimes committed at the Metallin Uzin in Kukes during the time mentioned in the indictment, the prosecution is based on witness statements claiming that Peter Shala has been part of the mistreatment committed against these detainees.

As for the prosecution, Jean-Louis Gilissen said it is based on statements by three witnesses who comply with their plan by excluding other statements.

The procedure is based on only a few of these people's statements and has ruled out other statements issued by these same witnesses because other parts of the declaration do not comply with this plan. They have chosen what they were interested in and we want to understand what the situation is like”, he said.

According to Gilissen, Shala has never been a partner of Ruzhhzi Saramat in the 128th Brigade and has had no responsibility or authority towards persons at the metal factory in Kukes. According to him, no evidence has been shown alone in this regard.

On the other hand, he said witness 1 is unreliable because of evidence and changes in statements.

After the completion of the closing defence statement, the Specialised Prosecutor's Office, represented by Philippo De Minicis, received responses.

De Minicis, said the defense statements for the accused's statements, and especially the fact that when he understood the death of the victim of the illegal murder mentioned in the indictment, they are inconsistent.

As a result, the protection of Shala, Mohammed Hedi Auini, said they have said that Mr. Shala had understood this in 2016. According to him, they have never referred to the details of the declarations, as they have their dilemmas on how the procedural contents are used.

While, in terms of the vision of the murder, prosecutor De Minicis said he has a goal.

Our position is that on May 20, 1999, it was concrete and possible that someone could die”, De Minice said, stressing that during this period mentioned in the indictment, there were three people with guns in their hands, wearing knives, having blood everywhere, and having people faint.

He said that everything bad could happen in such a situation and that beyond reasonable doubt, the prosecution has proved that the murder was predictable.

In addition, lawyer Gilissen said he would talk about this 28-year prison sentence the prosecution has asked for.

There are many, many. This type of punishment is a special requirement of hope. I myself was a prosecutor and I understand, if a crime was committed, then the person must be convicted, but I also know the risks that involve such requests. Verberi blinded them for reality. He will not make offensive comments. I'm not here to do this”, Gilissen said, citing several cases that many politicians who committed crimes have not been sentenced to 28 years.

He said he would not pay The Hague price at the sentences they pronounce.

“28 years, please?! We know that The Hague is expensive, we know the prices, but we will not pay the prices at”, he said.

Likewise, Gilissen cited the case of Xhemshi Krasniqi, who was sentenced to 8 years in prison and Sabit Geci for 12 years in prison for crimes he committed in Chahan.

While defending the victims through the lawyer, Simon Laws said they support the statements just made by the SPS.

He said he wants to make his statements at the private hearing regarding the allegations that were cast by Shala's defense for the authenticity of witness statements 1.

On the other hand, the chairman of the court, Mapie Veldt-Foglia, said that after the break the hearing would continue with the court's questions if there are and then with the tribunal's final statement.

Defense: Peter Shala's right to confront witnesses has been violated

(Supported 12:35 ) Lawyer Leto Cariolow said they are his defenders, Peter Shala, have been violated the right to face witnesses.

Leto Cariolou, during the final word, said that the problem you need to mention is the admission of statements by two important written witnesses who have already died and, according to it, violated the defence, reports “Justice Vow”.

Mr. Shala's rights to confront the witnesses have been clearly violated and there has been a number of problems with the fact that the testimony of two witnesses who are very important 2 and 4, were available to give a witness before this court, but their written statement was actually accepted. The defence was not granted the right to confront and question their evidence. This has not been legitimate or based. This too violated protection because it did not give him the opportunity to confront them in order to make clear the contradictions between their various statements. In addition, the testimony of two key witnesses; 4733 and 1488 have also been written down”, she said.

She said that even Shala had no chance of confronting these two witnesses regarding the evidence she had given against him.

This may seem logical that they are dead, but when it comes to identifying and giving the witness 4733 the description this person gave of the accused is completely wrong and 1488 has identified the accused based on information given to other incredible people. There has been damage to the fact that their testimony has been accepted without us having the opportunity to confront these witnesses”, she said.

On the other hand, lawyer Leto Cariolou said the court should not matter to these evidence.

To resolve this breach, the court should not matter to their testimony and not accept any of the aspects that are not confirmed in evidence as reliable and important”, she said.

Defence Says Peter Shala was violated during interview with authorities

(Responding, 12:24)- Leto Cariolow, Peter Shala's lawyer, in the concluding statement said the accused's rights were violated during his interview by the relevant authorities before being transferred to The Hague.

“The prosecutor and defender of the victims rely strongly on statements made by Mr. Shala during interviews in which experienced prosecutors and experienced investigators have been questioned, without advance information and legal assistance either before or during the interview. This is about interviews of the accused conducted by Federal police Belge and SPS in 2016 and 2019, as well as two earlier interviews by TPNJ Prosecutor's Office”, she said.

The lawyer added that in all these interviews the accused has been questioned without the lawyer's presence and without being given the opportunity to consult a lawyer before being questioned, “reportsJustice Vow”.

She said that in all these interviews it was about incriminating issues in which Shala has answered every question about him.

The constantly defending “has rejected accepting these statements. We have repeatedly argued that the court's support for these procedures would be unfair. Despite the objections, despite admissions of the DESK panel, Mr. Shala's right to have an effective legal assistance during the 2016 interview has been violated, statements still continue to be available to the court in making their decision”, Cariolou said.

She says that, as they have seen, they play a key role in the Prosecution file and in their final word.

According to the lawyer, the Appeals Panel has also confirmed that questions asked to Shala in 2016 have violated international standards for human rights.

“The Appeals Bar has confirmed that Shala's interrogation in 2016 was made in clear violation of international human rights standards. Mr. Shala's violation of rights during this interview makes the use of incriminating statements in the context of the subsequent interview in 2019 illegal and unfair”, she said.

Cariolow said that if Shala was given the right to legal representation in 2019, then his answers would be completely different. She said the findings based on these statements would be uncertain.

The lawyer stressed that the principle of gun equality, which he did in private session, was violated.

Cariolow for the illegal murder in the indictment: There is evidence that Shala wanted to kill this person

In the trial against Peter Shala, his lawyer, Leto Cariolou, is continuing on Wednesday, with his concluding statement, which said no evidence has been presented that the accused wanted to kill the detainee allegedly in the indictment.

At the end, no evidence has been presented that proves that the accused wanted to kill this person. On the contrary, the accused was unaware of or played no role in the alleged murder. He has been informed of his death long after the war”, Cariolow said.

She said no evidence was presented that this person's death was something that could be predicted by the accused, reports “Justice Vow”.

No evidence has been presented that this individual's death was something the accused could predict”, the lawyer said, citing the Geci trial and which later the session passed with content edited to the public”, she said.

After that, Cariolou said how there could be intentions for murder in this middle, when witnesses have testified that after the death of a detainee, James Krasniqi and others ordered the responsibilities to improve conditions in the places where the detainees were kept.

The lawyer said a witness had said James Krasniqi was nervous after this detainee's death, saying that should not be repeated there.

“These evidence directly contradicts the prosecution's claim that the group responsible for stopping in Kukes and Mr. Shala has never been a member of this group had no common intention of killing them. In fact, evidence confirms that responsible persons did not want to kill any detainees. They felt sorry for what happened and immediately took steps to ensure that it would not happen again”, she said.

In addition, she said that evidence indicates that the group did not want to kill the detainees or let them die.

“also, the evidence on which the prosecution is based, makes it believe that despite the medical treatment available, this has been given to the person left in his hands, and this indicates that the group did not want to kill them or let them die”, she said.

On the other hand, Cariolou said that the defendant had no position to authorize the giving or non-reliance of any person who was in the Quoca Metali Fabric.

“under such circumstances, it cannot be held responsible for the death of a person present because, or as a result of providing inadequate or inadequate medical assistance. However, witness 1 did not file any charges, including the accused, the alleged decision to deny medical assistance to victim”, she said.

As far as the prosecution is concerned, Cariolou said he relies on two forms of responsibility for the Joint Criminal Company (NPK).

Our position is that the Criminal Law in Kosovo contains no form of NPK involving this responsibility. Not only did the Joint Criminal Company not get involved in the RFSJ Criminal Code, but it was specifically excluded from the Kosovo Specialised Chambers Law. The expanded interpretation of the provision of Article 16 (a) of the Kosovo Specialised Chambers Law to include here responsibility according to the NKP, if this were done at the expense of the accused, and it would be in violation of the principle of legitimacy”, Cariolow said.

She said their position is that the NKP in general and the NKP 3 in particular are not defined in the international customary law and cannot create responsibility for the works committed at the time.

The Penal Law must be known and understandable so that the accused knows which acts constitute crimes. This has not happened in this case, and that is clear. Mr. Shala could not presumption that he would be charged with a crime that he did not intend to commit, based solely on rules built by the judicial body of the international law that would then be implemented retroactively and would be considered part of Kosovo's law after 20 years”, she said further.

Cariolou said the prosecution has also failed to prove that there are many people who have acted as companies with a common intention to kill those detained at the Metalli Fabric in Kukes.

In addition to the serious problem that Shala is charged with on the basis of his alleged responsibility at the NKP, the prosecution has failed to prove that they were numerous persons, some people who have acted to achieve the common goal -- that is, to kill those detained in the Metallus Fabric in Kukes as it claims -- and such a goal cannot be drawn or reduced by the evidence presented”, the lawyer said.

Otherwise, during February 2023, the trial began on this occasion, where on February 21st the prosecution and the defense of the victims have submitted their opening statements, whereas On February 22nd, Peter Shala's opening statements have been heard, as well as his unannounced statement..

In March 2023 the presentation of the prosecution's evidence has begun, where 10 witnesses have been heard, and in August has begun presenting evidence from the defender of the victims where two witnesses have been heard.

Meanwhile, hearings for the parties' closing statements on the issue are scheduled for April.

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

In the confirmed indictment, Shala is charged with individual criminal responsibility in various forms of war crimes as arbitrary bans, cruel treatment, torture and illegal murder committed in the context of the armed conflict in Kosovo and in connection with this conflict.

The “commands that Mr. Shala was carried out approximately between May 17th 1999 and June 5, 1999, against persons who were held in the metal factory in Kukes (Albania), allegedly used by the Kosovo Liberation Army”, it is said in the communique. /A Vow for Justice