Peter Shala's lawyer: No evidence has been presented that the accused 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 has begun on this occasion, where on February 21st the prosecution and the defense of the victims have submitted their opening statements, while on February 22nd they have heard Peter Shala's opening statements of defense as well as statements without his oath.

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

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 has begun on this occasion, where on February 21st the prosecution and the defense of the victims have submitted their opening statements, while on February 22nd they have heard Peter Shala's opening statements of defense as well as statements without his oath.

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.

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