What happened in Special During 2024

Sabit Januzi, Haxhi Shala and Ismet Bahitari pleaded guilty to criminal acts against justice administration and intimidation through an agreement reached between them and the Specialised Prosecutor's Office.

This agreement was reached a few days before the trial against them began in November 2024. Shala had agreed to prison for three years, Januzi with two to two and a half years, and Bahhitari for two years in prison.

During the hearings to change the guilty statements, Bahhitari and Januzi had expressed regret over the crimes they admitted to them.

The Specialised Prosecutor's Office (ZPS) had handed over the joint indictment on January 12th 2024 on the case of Sabit Januzi and Ismet Bahitari and Haxhi Shala.

The act against them has been established on October 4, 2023, with which they are charged with attempting to persuade a witness not to give a witness.

As for the procedural aspect, on February 8th, preliminary procedure judge Nicolas Guillou has approved the request of the Specialised Prosecutor's Office (ZPS) for uniting the charges confirmed in the case against Ismet Bahitari and Sabit Januz with that of Haxhi Shala.

The decision to bring together the charges is said to have concluded that the two charges confirmed in the case of 10 and 11 charge the three accused of the same criminal acts, specifying that they have acted as a group. The ruling also notes that the charges confirmed in these two cases arise from the same actual claims. As a result, it was decided that the common issue will continue with the KSC-BC-2023-10, which will be renamed in such a way as to involve the three indictees.

However, new accusations were added to Bahhitari and Januzi for intimidation through promise or gift. These charges were included in the joint indictment against the three indictees, as well as changes to it were confirmed on July 8th 2024. As a result, the SPS had handed over the joint indictment along with relevant changes on July 10th.

As with the preliminary charges, Bahhitari and Januz were declared innocent. This situation changed the dates that were set for the passage of the court, where the date for June 21, July 5, and 22 was originally set.

Significantly, Shala had demanded that his process be separated from Bahhitari and Januzi, in order to have a more accelerated trial, but that requirement was rejected.

The case against these three indictees was handed over to the court on September 4th, where, in the preparation hearings, the trial was decided to begin on November 14, 2024. But, at the request of the parties to finalise the pleas for pleas, the trial was postponed.

On November 13, Z. The SP informed the juro that they have reached guilty plea agreement with the three accused and, on December 6, Z. The SP had delivered the revised version of the indictment, as the court had ordered, including the plea agreement. Proselytically, the agreements reached between Shala and Januz had been accepted, while Bahhitari's was described as having procedural shortcomings.

However, on December 16th, the parties had informed the juro that they had reached a new plea agreement with Bahhitari and handed it over to the court. In this regard, the parties had submitted the revised indictment, which was based on July 10, 2024, but included changes made to December 17th over the plea agreement.

As a result, at the December 18th session, Shala and Januzi were found guilty of crimes they committed and the agreement reached between the SPS and Bahitari was progressively accepted. On December 19, however, Bahhitari was repentant and guilty.

While, in terms of plea deals, whether they will be accepted or not, the court will decide during the beginning of 2025.

Peter Shala pleads guilty, Cal lowers his sentence

The year 2024 for Salih Mustaf and Peter Shala was more of crucial procedures.

Although decisions have not yet taken a definite form, Peter Shala was sentenced to 18 years in prison from the Foundation. On the other hand, Salih Mustafa é Cali, the Supreme restored the case to Apel, reducing his sentence from 22 to 15 years in prison.

On July 16, 2024, Peter Shala has been sentenced to 18 years in prison, where it was found that beyond the allegations he is guilty of points 1, 3 and 4 of the prosecution.

Shala was found guilty of arbitrary detention as a war crime against at least 18 people in the period between May 17th 1999 and June 5th of that year at the Metalli Fabric in Kukes, torture as a war crime against at least 18 people and unlawful murder as a war crime against one person.

At the November 29, 2024 session, Peter Shala was ordered to pay 208 thousand euros in damages to the victims. Now he is in the process of appeal over the case.

While the first-degree Act on Mustaf was announced on 16 December 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.

The request for protection of legitimacy, Mustafa, had handed over on March 14, 2024 with whom he had demanded the Supreme Court of DPS to modify first and second-degree judgments, canceling the sentences for arbitrary ban, torture and murder, thus declaring him innocent or completely canceling his convictions and turning the case into a retrial.

While on 29 July, the Supreme Party partially approved Mustafa's request and annulled the play of the Appeals Act concerning the 22-year sentence, demanding a new sentence on the defendant. In September 2024, Appeals in restoration sentenced Mustaf to 15 years in prison.

It is noteworthy that on April 6, 2023, Salih Mustafa was ordered to pay 207 thousand euros for the damage to the victims. When he was placed in Appeals for this occasion, the order for damage was not considered at all, since according to the court, the side had not appealed to him.

On September 27th 2024, Mustafa has submitted a request to the Special Constitution regarding his rights as the individual he thinks were violated.

Thaci's new act of obstructing justice

The Specialised Prosecutor's Office has filed an indictment against Hashim Thaci, the Smajti Union, Fadil Fazlius, Isni Kilajt and Hajredin Kuci, and this has been confirmed by the trial of the preliminary procedure in the TSK.

This indictment was confirmed on November 29th 204, and on the basis of that, Fadil Fazliu, the Smaj Union and Isni Kilaj, who were transferred to The Hague the following day. For Hajredin Kuchin, however, there was issued a call to the DPS.

As a result, the SPS says that individually and through joint action with groups; The band Fazliu (Fadil Fazliu and Fahri Fazliu), the Smaj Group (Bashkim Smaj, Blerim Shala and Artan Behrami) and the Kilaj Group (Isni Kilaj and Vlasnim Kryeziu) have followed a pattern of conduct to prevent official persons from performing official duties.

The indictment says Thaci has led and participated in these efforts through his visits to detention facilities during the time he was detained under his trial for war crimes and crimes against humanity.

It says that members of the Fazliu Group, the Smaj Group and the Kilaj Group were co-ordinated to influence SPS witnesses during the privileged visits of July 2nd, September 9th and October 6, 2023.

As a result, three counts of obstructing the official person in carrying out official duties bear against Thaci three counts of violations of the procedure's secrecy and four counts of disobedience to the court.

While, Kilaj, Smaj and Fazliu are accused of trying to prevent official persons from performing official duties and disobeying the tribunal. However, Kuci has two counts of contempt of court.

Thaci's first presentation, Smajt and Fazliu, has taken place on 8 December 2024. Although he did not plead guilty to guilt or innocence in the matter, Thaci said he knows Kosovo is on the verge of electoral elections and he does not pose political risks to anyone. Nor was Smaj declared himself, demanding that he use the timetable. However, the defence had sought bail, offering 5 thousand euros in bail, which has been refused by the judge and has subsequently remained in custody.

The same was decided for Fadil Fazliu, though he offered 2540 euros in bail and was acquitted.

Innocents were also declared Hajredin Kuci and Isni Kilaj during the December 9th 2024 hearings. But, Kilaj remained in custody, refusing bail worth 400,000 euros.

Nor at the first conference on the performance of the issue, held on December 17th 2024, Smaj and Thaci did not declare themselves. However, Thaci underlined that two acts by the Special have risen near the elections. The first when the president would be re-elected and the second on the eve of elections.

It is noteworthy that on 13 May 2024, Isni Kilay was released from custody following his arrest in 2023. He had been released under strict security measures and on bail of 30 thousand euros.

Under suspicion of obstruction of justice, in March 2024 the home of Sylejman Selim was raided, and Sami Lushtak's phone was also confiscated.

The case of former KLA leaders, accused of bias, clears two key lawyers from defence teams

The case against former Kosovo Liberation Army leaders (UÇK) accused Hashim Thaci, Kadri Veselini, Rexhep Selimi and Jakup Krasniqi has been characterised with many developments during 2024.

Through a confidential letter, which was published in November 2024, the protection of four indictees has been addressed to the court at The Hague, urging them to maintain impartiality and not take sides with the prosecution.

They even said that the rights of those accused of impartial judgment and an independent tribuanal have been violated. Hashim Thaci's defence, Kadri Veselini, Rexhep Selimi and Jakup Krasniqi had demanded that the court panel take measures to ensure impartiality and to limit prejudice against defence during judicial questions.

In this letter, protection also calls it more disturbing to ask questions about how they are made by the court, which they say cannot be perceived as impartial.

We remember that the defense has repeatedly had complaints about the court's questions during court hearings.

In addition, the four defendants have said that their right to a fair trial and an independent and impartial tribulal have been violated.

During this year two key lawyers have left the two defence teams in this case. On February 14, 2024, Gregory Keohe's withdrawal from Thaci's defence team was approved.

On January 30th, 2024, it was made public that with the reasoning that no obligations have been carried out to them, Gregory Kehoe, Joe Reader, Greenberg Legal Associates and members of this company had sought to withdraw from Hashim Thaci's protection in Kosovo's Specialised Chambers ( At The Hague.

In this regard, through a media announcement, the MD has said there is only agreement with lawyer Luka Misethic, who fulfills all obligations, while other lawyers who engage in Thaci have no agreement and for them the MD does not bear responsibility for the implementation of payments.

On February 20, 2024, however, it became known that Keohe's place was occupied by Luka Misethic, who is already leading with Thaci's defence team.

On August 21, 2024, however, the departure of the principal lawyer on Kadri Wessel's team, Ben Emmerson, was approved.

In the decision of August 21, 2024, it is said, during the exchange of letters, Emmerson and Wessel have confirmed their decisions to complete their client-avict relationship, specifying it as irrevocable interruptions. Emmerson replaced British lawyer Rodney Dixon. It is noteworthy that on August 2nd, Steven Lake was appointed as Veseli's accomplice. However, Chad-Mair is named as Rexhep Selim's co-protector on October 30th.

Peter McCloskey, who held the position of co-Avot on Hashim Thaci's defence team, has concluded the contract, so he has later been named as consultant on this team in October 2024.

Due to the death of Haxhi Shala's father and Jakup Krasniqi's brother, the two accused in October 2024 were allowed for humanitarian visits to Kosovo under strict security conditions.

During 2024, a total of 107 sessions have been held in this case, while 182 days were spent in the courtroom since the trial began.

So far, 110 SPS witnesses have testified. 39 of them testified in 2023, and 39 finished the testimony in January 2024. However, another 71 witnesses have testified in addition to him during 2024.

Currently, the number of victims participating in the process is 154.

In this case, there were many witnesses who testified at private public hearings, and many in private, including internationals like Shawn Byrnes, Jan Kickert, Johann Fritsch, and so on.

Although they had the suspect's status and were simultaneously witnesses in the case against former KLA leaders, after completing their testimony, Shukri Buja and Sokol Basota have been reported by the SPS that they have ceased the investigation.

Problems with financing protection of accused by the Special

Financial problems during 2024 had faced the defense of those accused of obstructing justice. In fact, because of this situation, defence teams in the case of Haxhi Shala, Ismet Bahhitari and Sabit Yanuzi had even sought suspension of procedures until a solution for financing was found.

At the feasibility session of February 13th, 2023, these three defence teams had stressed that they have no decision by the Ministry of Justice to represent the accused legally during the trial process in TsK.

They had claimed to have made a large number of requests in the MD to address the funding problem. According to them, the MD's had told them that a commission, for which dates were constantly postponed, should be formed for the adoption of funds.

However, this request of protection for suspension of procedures was rejected by the court.

In contrast, it was requested by the DSF Administrative Office to offer its help in solving this problem.

A day after that session, on February 14th, 2024, Justice Minister Albulen Haxhiu said that with the new administrative directive entered into force, this minister has lowered the tariffs for protecting persons accused of obstructing justice from TKSK to The Hague.

Haxhiu had said that as Government, their focus should be to address the demands of defence teams for persons accused of war crimes.

While at the preparation session of March 22, 2024, the defence indicated that the amount offered by the MD was unacceptable, and therefore, they announced that they had appealed this decision to the Ministry, which had collapsed.

It also became known that the DSF Administrative Office had reduced its budget to judicial scheme, and that its move, defence had called it an attack against them, warning of complaint in the Constitutional.

There were no cutbacks or lowering legal assistance in the matter. There were no cuts because there was no approval of legal assistance in this court case. I cannot say now whether the accused in this court case will be approved legal assistance or will meet the terms under the legal system... I can't say if aid is approved and if approved, how much will be approved. These are the subject of the administrator's decision”, the representative of the Administrative Office has responded in this case.

Hashim Thaci's defence team had also faced financial problems. Former adviser and chairman of the Board of the “Foundation for Support for Legal Protection of Hashim Thaci” in August had sent letters to state leaders, with the request to increase financial support for Hashim Thaci, as accused of war crimes.

In this letter, he had announced that Thaci's lawyer, Luka Misetiq, had warned of leaving the defence team. However, this has not yet happened.

Expressively, the reasons for the departure of lawyers led by Gregory Keohe related to financing were cited earlier.

Kosovo accused of inequitable financial treatment of Visama and suspects charged by Special

When we are on funding, during the proclamation of the order to undo the victims as a result of the crimes Peter Shala was convicted of, the court also had criticism of Kosovo, saying the state has financial compensation mechanisms for protecting the accused and their family, while the victims did not.

They stressed that Kosovo urgently needs to deal with this inequality, which is envisioned in its laws, which, according to them, envision the compensation of war victims committed by Serbia and not all victims of the conflict.

Also, the fact that Kosovo has not yet taken any concrete steps to prepare for the need to ensure the damage to the victims of crimes involved under the jurisdiction of the TSF was also stressed.

The chief judge of that case, Mapie Veldt-Foglia, reminded Kosovo of its obligations regarding the victims that arise both from international agreements and from its Constitution.

“ ... reminds Kosovo of its obligations regarding the right of victims for legal means embedded in Article 54 of the Constitution and international agreements. That right includes the task of ensuring that this legal means is applicable. Consequently, the panel calls on Kosovo to adopt the necessary laws and create a retorting mechanism in order to fully compensate the victims of crimes involved in the jurisdiction of DK”, she said.

She even mentioned that this aspect that Kosovo has offered no support to the victims who fall under the jurisdiction of the TSF has also been recorded by the European Commission.

The important thing to note is that during this year, the preliminary procedure judge Nicolas Guillou resigned as a judge at the International Criminal Court. He was replaced by Judge Marjorie Masselot.

Vidar Stansland was re-elected chairman of the Specialised Chamber, while another mandate was given to DPS chairman Ekaterina Trendafilova.

And Judge Piotr Hoffman's list of Special Constitutional Judges has been added. Hoffmannski's appointment in December 2024 came after Judge Antonio Balsamo's resignation. However, Balsamo has remained as judge in the Special Register.

It is noteworthy that the monitoring has often been counted with technical problems to nontransparenty, especially during the testimony of protected witnesses. Often, the hearings were concluded without telling whether the witness completed the testimony, or whether he will return to the courtroom, reports the fair oath.