Test evidence accepted by 29th witness in case of former KLA leaders

The 29th Witness who carried the W04577 code had started witnessing on October 10th 2023 in this case, but had sought a break with reasoning that he was not feeling well. Although on October 11th, he had again come to the courtroom, where he had asked to consult a lawyer, his legal representative had said that his client is willing to go to jail rather than testify, reports “Justice Vow on“.

The decision not to accept his testimony was taken on May 19, 2025, and the same document is said to have written down the testimony of four other witnesses holding the W000 codes92, W04352, W04427 and W04433.

For testimony from the 29th witness, the SPS had claimed that it should be accepted because it is peaceful because of its mental disability and that its testimony is important, authentic, has provative value and is reliable.

The defense, on the other hand, had claimed that the prosecution did not testify that this witness is sound enough to testify with his mouth and that accepting written testimony without enabling him to ask questions causes harm to them.

The SPS has reacted by saying defence is ignoring the findings the witness is unable to testify. In addition, the SPS claims the defence has had the opportunity that the witness's cases in his statements address other witnesses.

However, the ruling court has said that the prosecution has failed to convince the court that the 29th witness is unable to testify or that it is sound to offer verbal evidence.

The court has said the prosecution has been informed of the difficulties regarding the willingness and preparation of the witness to testify and his requests in this regard.

As a result, they say that the prosecution has had sufficient time to obtain witness testimony or to seek appropriate measures from the court.

For these reasons, the Judicial Chamber does not merit SPS claims that it has taken all reasonable measures to ensure the presentation of W04577 before the Judicial Chamber and that the witness is unable to testify [to] E REDAKUED]”, the decision says.

Similarly, according to the court, this witness is not unable or sound to witness orally. As a result, accepting this evidence in material evidence was refused.

For witness W00092, the defense had said that his testimony is unacceptable because it is not reliable and lacks support.

In addition, the defence had said that the confessions of this witness to his arrest and the identification of persons suspected as Serb civilians who have claimed to have been detained and held where he was detained and also his escape from that country are unstable statements.

The defense had said that W00092's confessions of its ban and mistreatment and, likewise, the role of someone whose name is edited, have no provative value.

While accepting his testimony without being given the opportunity to ask questions, they feel it would be prejudiced against the accused.

On the other hand, the court had found that the witness is unable to testify by mouth, and the SPS has already filed a medical report on what defence has not rejected.

As a result, the ruling says the court is convinced by the SPS argument that W00092 statements reflect its confession and that any disagreement in its statements is limited.

According to them, differences in this witness's statements will be taken into account in the weight assessment and promotional value of this witness's testimony.

Similarly, the court is said to be convinced that the evidence involved in this witness's statement has nothing to do with the actions or conduct of the accused, as the indictment mentions, and so has the defence.

As a result, it is decided that the witness's testimony will be accepted in material evidence, since according to the juro, it is of provative value.

For witness W04352, the court has found that its testimony has nothing to do with the actions and conduct of the accused as it claims an indictment, but this evidence is relevant and has provative value.

And for the W04433 evidence, the court has said that the prosecution has filed documents that indicate the unwillingness of this witness to testify both in The Hague and through video connection.

They say they are convinced that the prosecution has made reasonable and consistent efforts to ensure the testimony of this oral witness

“... taking into account the witness's concerns about the possible impact of his testimony [ REDECT]. Under these circumstances, the Judicial Chamber is pleased that at this moment, W04433 can be considered irresponsible in the sense of Rule 155ʹ1 (a)”, the decision states.

By specifying that this witness's testimony has nothing to do with the actions and conduct of the accused, it is acceptable in writing, since it has provative value.

The evidence of W04427 has also been found. So that the SPS has made an effort to secure the testimony of this witness and to place a witness in front of binding measures to ensure his testimony can cause extreme difficulties for him and his family. As a result, he has accepted them in writing on material 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 incident against Hashim Thaci, Kadri Veselin, Rexhep Selimi and Jakup Krasniqi is confirmed on October 26, 2020. /Periscope/