What is expected of the special for former KLA leaders by 19 May?

According to the Special Court Order, the court has 90 days to declare the verdict, with the possibility of an additional extension of up to 60 days only in extraordinary cases.

Since February 19th, by April 9, exactly 50 days have passed, judges have yet 40 days to make the decision.

In the absence of any announcement for postponement, the deadline remains 19 May, the date seen as a key moment for the epilogue of one of the most important judicial processes for Kosovo.

The lawyer, accredited by the Special Court in the case of former KLA leaders, Artan Qerkeyni, has spoken of the May 19th deadline and expectations of the final decision, stressing that from a strict legal standpoint, the evidence presented by the prosecution does not meet the standard required in international criminal justice.

He has estimated that, given evidence administered during the judicial process, a guilty decision would be unstable.

“As far as expectations for the final verdict are concerned, from a strict judicial standpoint and on the basis of evidence administered during the judicial process, my assessment is that the prosecution has failed to meet the burden of evidence beyond any reasonable doubt. This applies both to claims concerning the joint criminal enterprise (Joint Criminal Enterprise), as well as to command responsibility”, has declared the Archin for FrontOnline.

He has added that the evidence submitted by the prosecution has been insufficient and in many cases unconfirmed, while the defence has succeeded in challenging key points of the indictment.

“in particular, prosecution witnesses, in a considerable number of cases, have not been able to offer direct evidence and consistent evidence that would support the charges. Moreover, high-calm witnesses called by the defence have been substitutely challenging and arguing each of the key points of the indictment, significantly weakening the prosecution's derogatory”, he stressed.

According to him, under these circumstances, the standard required in international criminal justice has not been met.

“under these circumstances, in a standard of international criminal justice, requiring proof beyond any reasonable suspicion, a guilty verdict would be judicialally unstable”, Kerkeyni added

Speaking of the 19 May deadline, he has clarified that this date does not necessarily mean declaring the final decision and that there is the possibility of postponement.

“as of the May 19th deadline, it must be clarified that this does not necessarily constitute the date of the decision's proclamation. The procedure rules of the Specialised Chambers predict the possibility of the court demanding an additional extension, usually up to two months, for finalising the decision. Currently, there is no public transparency whether such a request has been made or approved by the Court Speaker, so it remains open to the possibility that the verdict's announcement will be extended further”, he has concluded.

OVL-KLA leader Hysni Gucati has spoken of the 19 May deadline as the last date for the Special Court's ruling in the case of former KLA leaders, expressing strong expectations for a liberal act of judgment.

He has stressed that he strongly believes the accused will be acquitted and will return to their families, while adding that the country needs them too.

“I believe and strongly that those on May 19th will be acquitted and thus believe all Albanians that they have come to the family and friendly bay and need Kosovo for them. I can't believe that deadline is extended, but that court is not entrusted with anything and this process has been prolonged. I hope they don't extend away and I wish it would be the right decision on our side and we fought for our country and I strongly believe that they will be released on May 19,”, Gucati declared.

Lawyer Arber Jashari has commented on the 19 May deadline as the last date for the Special Court ruling in the case against former KLA leaders, praising that the process has dragged too far and that the decision should not be delayed further.

He has stressed that the court will no longer postpone that deadline, while expressing expectations for a free trial, arguing that the prosecution has failed to prove the charges during the trial process.

I don't think the Special should have expected the May 19th deadline either, because this case has dragged on and it prolonged almost five years and had to start with a major emergency, and don't even wait for the deadline of this original three months. The court won't postpone this term even if the law allows it and I expect the trial to be liberating because the prosecution has failed to prove the charges, and I think the prosecution has not brought sufficient evidence and has not been proven during the” trial, Jashar stated.

However, he has stressed that the final result remains unpredictable, given the nature of the judicial process and the fact that some of the hearings have been closed.

We are in a court process and I can say that when you're in a judicial process the future is unpredictable and the court may be different in itself and that the decision may be different from the one we expect, because the hearings have been closed, but from what we've seen and heard, the liberation act would be the most fair”, he added.

The former head of the Appeals Court, Hasan Shala, has commented on the 19 May deadline as the last date for announcing the Special Court's decision in the case of former KLA leaders, stressing that there is the possibility of delaying the verdict, but also expressing its reservations on how to handle evidence and influence politics in the process.

According to him, any possible postponement should be passed through relevant procedures, while assessing that the court has had sufficient time to make a decision.

The final verdict could be postponed, but the Special Court must hand over the request to Trendafilova and her to the decision, but I think this court has had enough time to make such a decision from college that it is judging this case”, Shala has declared.

He has added that the decision remains unpredictable and, according to him, can also be influenced by political developments.

The decision is unpredictable because it depends on politics as well, and I think this court has been politicised and that for this reason how politics, as well as they decide”, he has said.

Speaking of evidence in this process, Shala has expressed his critical stance, especially those that, according to him, have come from Serbia.

I personally believe they have proof of judgment and if the court decides to evaluate the evidence that has come from Serbia then and agree with those evidence, but I think it should not have been taken from Serbia. If those tests are appreciated, their punishment should be expected. I consider that there is no evidence on charges and that they should be released from the day the final verdict is announced”, Shala said.