8 minutes agoSpecial Appeal Dismiss most of Peter Shala's arguments of release or retrial
Periskopi(a year ago)
(a year ago)The Act of Appeals Court in Kosovo's Specialised Chambers has overturned most of the arguments of former Kosovo Liberation Army chief (UÇK), Peter Shala, who, through defence, had sought his release or the return of the case to retrial. The Appeals panel has first dropped three drops raised by the protection [...]
The Appeals panel has initially dropped three points raised by Shala's defence.
The first point that was shed by Appeal is about producing materials because according to the juro, the necessary base is missing.
About the late extraction of evidence regarding witness 25, the Appeals panel finds that Mr. Shala has failed to prove the claim of harm. Consequently, the Appeals panel lowers this item”.
The second point that fell is for excessive restrictions on witnesses who could be called by protection.
“The Appeals Panel finds that Mr. Shala has renounced his right to challenge the decision of the court that ordered the removal of five witnesses from the defence list. He did not even raise such opposition during judgment, nor did he prove specific circumstances that examined their argument. As a result, the panel also lowers this item”.
The appeal has partially approved only one of the provisions set up by Shala's defence.
“Apel's Paneli finds that Mr. Shala's guilty verdicts for torture of five people and arbitrary ban on two persons have been issued in violation of the 120th rule, paragraph 4. Consequently, the panel partially approves the 7th point of Appeal and brings down the rest of Mr. Shala's objections, presented at this point”.
The panel has also overturned Shala's arguments on the claim that the court has violated the right to fair judgment.
“was largely based on statements by Belgian authorities in 2019. In this regard, the panel finds that the statement given to Belgian authorities was handled with proper care, and the court relied on it only when more evidence was confirmed. The panel lowers Mr. Shala's further evidence of this statement”, is said by the court.
The specialist also dismissed Shala's arguments that the court has violated the principle of legitimacy.
The Appeals Bar will address Shala's claims that the court has violated the principle of legitimacy. The Appeals panel lowers these arguments, given that they were previously examined by the judge of the preliminary procedure, the Chambers of the Court of Appeals and the Constitutional Court chamber”.
The Appeals panel found that Mr. Shala failed to prove any error in the court's findings. Shala wasn't physically present at this session but he followed her through video conference.
In July 2024, Shala was sentenced to 18 years in prison after, according to the Special, he was found guilty of arbitrary ban, torture and unlawful murder at the Metali Fabric in Kukes the northern part of Albania.
According to the indictment, he and other KLA members participated in the ban and mistreatment of suspects for co-operation with Serbia and those who did not participate actively in the fighting.
Victims, according to the indictment, were subject to physical and psychological violence, including death threats, humiliation and harassment.
The court ordered Shala to pay another 208 thousand euros in compensation for eight victims, while declaring him innocent of the criminal act of inhuman treatment.
His defense appealed both the act and the command to damage the victims. However, the decision on this latter will not be included in the act due today, the AP reports, broadcasts Periscope.
