Judges set to decide on Mustafa's constitutional request against Supreme ruling

To decide on this requirement, on April 24, 2025, DPS head Ekaterina Trendafilova appointed judges Vidar Stansland, Roumen Nenkov and Piotr Hoffmanski.

In his complaint handed down on April 24th 2025, Mustafa says constitutional rights guaranteed under Article 33 (3) of the Kosovo Constitution, which stipulates that the penalty rate must be proportional to criminal work, reports Justice Vow, broadcast Periscope.

Mustafa claims that Apeli when he declared the new sentence has violated this provision, which aims to protect the accused and that the Supreme subsequently did not correct this mistake but rejected the defence rejection.

According to him, the Supreme has not determined any standards of punishment, nor can a sentence be considered unproportional.

Mustafa's defence says the Constitution should interpret this article, its use and also give clear instructions regarding its interpretation, as there is no such thing so far.

According to the defence, prognition concerns the degree of condemnation, rather than condemnation in general.

Calling the 15-year prison sentence for Mustafa as arbitrator and unstable, the defence demanded from the Constitution to grant the right to the motion and retrial the case in the respective panel.

Otherwise, Mustafa had filed yet another complaint in the Constitution for violating his fundamental and constitutional rights during his trial at the Foundation and Appeals about what decision in this case was made on April 17th 2025.

According to the ruling, the Constitution has not listed actual or legal errors in the reasoning of lower courts, and therefore Mustaf's complaint was declared unacceptable.

While on April 6, 2023, Salih Mustafa was ordered to pay 207 thousand euros for the damage to the victims. Later, he had submitted 51 points to the Court of Appeals' panel against the punitive decision of the Special Foundation to him.

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

According to DPS, Salih Mustafa had applied for protection of legitimacy in the Supreme, and the decision on this requirement was taken on 29 July 2024.

In his request for protection of legitimacy, Mr. Mustafa raised five points, which related to the translation of the Appeals Act into Albanian, his guilty plea for murder as a war crime, as well as the measure of sentence”, said at the DSF report.

The request for protection of legitimacy, Mustafa, had handed over on March 13th 2024 with whom he had demanded the Supreme Court of TSK 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.

Mustafa has put forward five points, through which he has rejected Appeal's decision, with which he was sentenced to 22 years in prison. Mustafa's request had been accepted in part, so the Supreme One had restored the case to Apel to establish a new sentence on the accused.

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 past time in custody, reflects the overall criminal activity of Mustafa.

And on September 10, 2024, The Hague's Court of Appeals has decided to change the sentence from 22 to 15 years in prison for Salih Mustaf after the Supreme returned the case to that degree. Again, Cal complained to the Supremee about Apel's second decision, but the third scale gave him the sentence.

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