The trial against former KLA leaders, what is said in the decision to enter material evidence of documents from the Drenica Zone?

The trial against former KLA leaders, what is said in the decision to enter material evidence of documents from the Drenica Zone?

In Kosovo Specialised Chambers ( The DPSK) in The Hague has been made a decision on accepting material evidence of some documents dealing with the Drenica Operative Zone, for which request has been submitted by the Specialised Prosecutor's Office. The motion to accept these documents in material evidence, the SPS had handed it over [...]

The motion for accepting these documents in material evidence had been handed over on 16 April 2024, while the decision was made on February 26th 2025, reports A Vow for Justice, broadcast Perixopi.

The response was handed over on May 6, 2024, and on May 13, 2024, again Z. The SP responded to the defense statement.

In its motion, the SPS had requested acceptance of documents allegedly KLA and concerned Drenica's operational zone (ZOD). Z The SP had indicated that these evidence confirms and meets the evidence and facts that have been revealed in court. They have indicated that these documents are relevant, authentic and have provative value.

On the other hand, the defence had demanded that the decision on these documents be delayed until witness W04290 is witnessed by the code as Sylejman Selimi, and another witness as well.

The defence had indicated that these documents are related to these witnesses and had raised concerns in 2024 about the SPS's uncertainty if it intended to call Sylejman Selimi.

However, the defence had provided that in case the panel decides not to delay the verdict, then they would oppose the proposed documents, arguing that their reactions are unclear and the lack of authenticity, including the need for these documents to be identified through witnesses.

According to defence, documents should be placed as authenticity through witnesses, and some of these documents have no sign of authenticity.

Similarly, the defence was backed up again in its opposition to the proposed documents allegedly seized by Selimi and Krasniqi's house.

The defense had also said that they could be harmed by accepting these documents because they were not known at the time to be able to challenge the proposed witnesses who were mentioned above.

The SPS had responded that the defence had misinterpreted their request and had repeated earlier objections which judges had already rejected.

“The ZPS argues that there are no requirements for documents to be submitted through a witness and that a decision on accession should not be delayed until after the testimony of relevant witnesses, and that the proposed documents should be taken into account holisticly in light of all related information and evidence”, the decision said.

As a result, the panel has decided to reject the defence request to postpone the decision, with the argument that there is no request within the DPS legal framework that could be made to make proposed documents authentic through witnesses. They stressed that it is important for the side to present evidence and convince the panel of acceptance, authenticity, and their provative value according to the rules.

As for the defence argument that they would be damaged in the event the proposed evidence is accepted in material without the possibility of challenging witnesses, the panel has concluded that the SPS's intention to hand over these materials has been clear from the start as these documents were part of the prosecution's list of evidence.

The panel has cited the fact that the SPS has announced their intention to call the proposed witnesses by listing them in their announcement, and as a result since submitting the application another witness whose name is edited and Sylejman Selimi has testified. As a result, defence has had the opportunity to ask witnesses about the documents proposed by the SPS.

The panel of judges, in the verdict, has shown that during the pre-accession Z. The SP has said it has no intention of relying on statements by three witnesses whose names are edited. While, in the testimony of another witness also being edited, he intends to offer it according to Rule 153.

Regarding these witnesses, the defence had said they were materially linked to the Drenica area. The panel had found that, according to documents, three of the witnesses would talk about his mistreatment and others. While the other would testify about a person who was assigned to the Drenica Zone and his meetings with accused and other KLA members.

And one of these witnesses is said to testify as a member The KLA was arrested for collaborators and then for claims on its mistreatment.

“Panelli notes that, with certain exceptions, proposed documents usually do not affect these topics. Moreover, the panel notes that [readed], a member of The KLA was invited to testify for its role and that of others within the KLA”, the decision said.

However, the panel had noted that other witnesses like Sylejman Selimi could have been questioned on these issues. So until the decision was made, defense had the opportunity to challenge witnesses with these documents before they were accepted in material evidence.

As for the defence argument, however, it is insufficient to support documents the SPS has claimed to confirm authenticity. As a result, the panel has said the following that this will be considered and if the documents s '%i meet standards, they will not be accepted.

And as for the opposition that the proposed evidence has been confiscated from the homes of Selimi and Krasniqi, the panel of judges has recalled its previous findings concerning the legality of the search and seizure operations, which have also been approved by Appeals.

As a result, in material evidence, the court has decided to accept the proposed evidence 1-3, 5-9, 10A, 11-15, 19, 21, 23-34, 34A-34C, 35-39, 42-45, 47-66, 68, and 68A, and refused to accept evidence 4 and 67. This decision came after it was found that such evidence is relevant and authentic, have provative value related to facts and relevant circumstances in this case.

Accepting these documents in evidence, according to judges, poses no harm to the accused because defence may challenge their content through non-questioning.

While, for the proposed evidence from 69 to 76, the SPS had indicated they were relevant to the KLA Military Police and its organisation within the ZOD.

Under the decision, witness 69 consists of hand notes confirming receiving donations for KLA by designated persons. While, evidence from 70 to 75 consists of a request and an answer, as well as details on persons to be joined by the Military Police as part of the 112, 113 and 114 Brigades in Drenica.

And for the 76th testimony, according to the ruling, there is a hand-written journal that is supposed to be of a member of the KLA Military Police in Obilic during the July-August 1999 period.

“Paneli finds that all these articles are relevant to charges in the indictment, especially to the organisation and financing of ZOD and the organisation of the Military Police. The panel, therefore, finds the proposed 69-76 evidence is, in principle, relevant”, said in the decision, adding that they are in authentic principle.

And for the same documents, the panel has found that they have provative values related to facts and relevant circumstances in this case.

“Panelli is pleased that the proposed evidence 69-76 does not do any harm to the accused, considering that the defence may challenge the content of these articles by countering questions against appropriate witnesses, and through the presentation of evidence, if it wants to”, it is said the decision with which these documents were accepted in evidence.

The SPS had proposed accepting evidence even documents claiming common criminal intent. These documents range from 77 to 85. However, the panel has found that the proposed evidence 82 and 85 have already been accepted, and the demand for their accession is invalid.

So besides these two trials, for others, the SPS claims they are relevant to prove the existence and organisation of the common criminal goal.

According to the panel, the evidence proposed from 77 to 78 are orders from the Information Directorate. And the 79th testimony according to the decision is made up of different lists of people, including names of those interested in joining together KLA, a list of members of the KLA from Drenica, a list of people from Drenica who should be arrested.

While, for the 80th testimony, the panel in the decision has said it is a hand-written request by a person named Jetullah Dibrani, a statement written by an unknown person and a statement printed by a person as well as unknown.

For testimony 81, the panel has concluded that it is a handwritten note. And that 83 is a collection of documents making up agreements, bills, professional cards and arms licenses.

Meanwhile, the final testimony of 84 is said to be a collection of handwritten and printed documents that included notes from the checkpoints and lists of wanted persons.

These evidence, according to the court, is relevant to charges in the indictment concerning the organisation and functioning of the ZOD. Also relevant are the KLA's organisation, authority and operational capacity of the KLA's General Staff, the functioning of the Information Directorate, the role and authority of Jahir Demak, Fehmi Ladrovci, Sabit Lladrovci and Abedin Sogojevo, as well as the arrest and individuals of designated persons.

As a result, the panel has accepted these documents in material evidence, stating that they are relevant, authentic, and have provative value.

And for the evidence proposed from 86 to 96, the ruling says it has to do with the “Plumbe” unit.

For testimony 89, the panel has found that it is already accepted and that the requirement for its admission to this point is invalid.

For these evidence, the SPS had indicated that they were relevant to organising the ZOD, and especially to the unit “Pumbi”.

The panel has noted that the 86th testimony is a certificate signed for receiving funds. The next two testimonies are lists of various items dedicated to the unit in question. However, evidence 90 to 94 are different models for travel as travel permits and receiving financial means for the facility. While the last two evidence proposed in this section are signed travel permits of the unit “Pumbi”.

“Paneli finds that the proposed evidence 86-88 and 90-96 are relevant to the charges and facts in the indictment, including (i) the organisation, authority and operational capabilities of the KLA's General Staff, especially in terms of the collection of funds and providing food and other needs for members of ZO Drenica; and (ii) the structure and organisation of the ZO Drenica unit and Plumpum/Pumbi 11x1>, the decision is said.

As with preliminary cases, the defence had rejected these documents, particularly 90 and 91 documents. They have argued that documents have only titles or inscriptions for individuals and entities, while connection with the KLA or the SPS case is unclear.

However, the panel has found that these articles are highly related to the SPS case to be considered as relevant in principle.

All these documents, according to the decision, were seized from Jakup Krasniqi's house except for the last two.

“Panelli has taken into account that the proposed testimony 86-88 and 90-94 have been seized by Mr. Krasniqi”, said in the decision, which stresses that these documents are authentic in principle and have provative value. As a result, they were accepted in material testing.

For the proposed test 30, the panel has shown that some of it has been accepted in material evidence and has ordered the proposed part to be added.

As a result, the panel has rejected the defence request to postpone its decision until after receiving testimony from SPS witnesses concerning the Drenica Operative Zone, it ordered that the proposed testimony 10, 41 and 46 be added to earlier accepted material evidence.

In addition to accepting evidence 1-3, 5-9, 10A, 11-15, 19, 21, 23-34, 34A-34C, 35-39, 42-45, 47-66, 68A, 69-81, 83-84, 86-88, and 90-96 and every translation of them, judges have refused accepting the proposed testimony 4, 16-18, 40 and 67.

The requirement for accepting proposed evidence 20, 22, 50A, 82, 85, and 89 has also been deemed invalid, and the registry has been ordered to add 30 to existing evidence.

Otherwise, the Specialised Prosecutor's Office, on September 30th, 2022, has handed over the confirmed amended indictment against Hashim Thaci, Kadri Veselini, Jakup Krasniqi and Rexhep Selimi, which consists of ten points of charges, where the latter are charged with war crimes and crimes against humanity.

On April 29th 2022, the Specialised Prosecutor's Office had handed over a amended indictment to Hashim Thaci, Kadri Wessel, Rexhepi and Jakup Krasniqi, where four indictees have committed war crimes even in Gjilan, Budakov and Semtish.

On November 9th 2020, in their first appearances, Hashim Thaci's Jakup Krasniqi has been declared innocent of the charges placed on them. Wessel has also been declared in his presentation on November 10th, as has Rexhep Selimi on November 11th.

The act against Hashim Thaci, Kadri Veselin, Rexhep Selimit and Jakup Krasniqi is confirmed on October 26, 2020.

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