Waves of Reaction Against Special Decision to Delay Act Against Former KLA Leaders

The Special Court has confirmed extending the deadline for declaring the trial for former Kosovo Liberation Army leaders (UÇK), Hashim Thaci, Kadri Veselini, Jakup Krasniqi and Rexhep Selimi, the decision that has prompted reactions in Kosovo.

In announcing the Specialised Chambers in The Hague, it has been said that July 20th is not the date of the court's declaration, but the date setting the extended term.

“Yes, the judicial panel has issued a decision to extend the deadline for declaring the judgment act for another 60 days until Monday, July 20, 2026, due to the complexity of the issue. This date is not the date of the judgment declaration, but only the date that sets the extended term. The panel added that, if another extension becomes absolutely necessary, it would issue an order for it at the right time”, the Special report to The Hague said.

Former KLA leaders have said their final words February 18th before the court. They have once again been declared innocent of all points of the indictment.

The trial of the KLA's four quarters has been launched on April 3, 2023, nearly three years after confirming the indictment of when held at The Hague detention centre.

Initially, the court's announcement was meant to take place 19 May, in line with the procedural deadlines.

However, according to the Special Court's regulation, the court has 90 days to make the decision, with the possibility of delaying for another 60 days.

Special Charges

The decision to postpone the date has prompted reactions in Kosovo.

The “Liria platform has a name”, which avoys for the accused at The Hague, has reacted, viewing the decision as prolonging injustice.

According to this organization, this practice can no longer be viewed as normal judicial procedure, but as a serious degradation of fundamental principles of justice for judgment within a reasonable term.

This ongoing practice of unreasonable delays can no longer be seen as normal judicial procedure, but as a serious degradation of fundamental principles of justice for a trial within the reasonable deadline. This process, which has dragged on for years, with repeated delays, has completely lost credibility and has already turned into mechanisms that produce continued injustice. Keeping former KLA leaders for nearly six years in custody conflicts with any standard of international justice and fundamental human rights”, said in response.

According to this organisation, such decisions seriously damage citizens' trust in international justice institutions, creating perception of a procrastinated, unbalanized and irresponsible process.

The Democratic Party (PDK) has also reacted, two former leaders of which are part of the process -- Thaci and Wessel.

In the PDK's response, the delay is said to be evidence that the prolonged process has lost the sense of justice and has been transformed into a process influenced by political calculations.

The last “Command is another blow to our belief in justice and an added injustice against former KLA leaders, who have been held in custody for about five and a half years, turning this measure into a silent sentence imposed through repeated delays”, the statement said.

The PDK has called on the international community and justice institutions not to allow this process to turn into an example of the failure of international justice.

“The PDK remains steadfast in convincing the innocence of former KLA leaders and requires a final decision, without further delays, which will enable their return to Kosovo”, is further said in response.

Pristina alert

And during the day, Ombudsman Naim Qelaj has been addressed by letter through diplomatic channels to US Secretary of State Marco Rubio, the US Justice Department and the financial states of Kosovo's Specialised Chambers, forwarding the report to “The preliminary assessment of Kosovo Specialised Chambers” and raising serious concerns on the basis of its findings. At the same time, the letter has been delivered to the foreign ministers of Switzerland, Norway, Turkey and Canada, writes Time, broadcasting Periscope.

According to the ombudsman's announcement, the report has also been distributed to senior international officials, including European Commission President Ursula von Leyen, EU foreign policy senior representative Kaya Kallas, European Parliament President Roberta Metsola, and Council of Europe leaders.

On paper, the Ombudsman has voiced concerns about ensuring a fair trial in the procedures of Specialised Chambers, referring to the findings of the organisation “Bar Human Rights Committee of England and Wales”. He has stressed that the institution he heads has consistently monitored respect for fundamental rights and the conditions of the detainees, while due to continued concerns BHRC has committed to an independent assessment.

According to the report, serious problems have been identified in protecting procedural guarantees, especially regarding the right to a fair, transparent and impartial judgment.

“in this context, recall that these standards are guaranteed by the International Pact for Civil and Political Rights and the European Convention for Human Rights, which is directly implemented in Kosovo's judicial order through Constitution”, the statement said.

Celaj has stressed that respecting these principles is essential for the legitimacy and credibility of the judicial processes, and has called for the court's practices to fully comply with the highest international standards of justice, transparency and independence.

He has said addressing the estimated concerns is necessary not only for protecting the rights of the accused but also for maintaining the integrity of the judicial process.

The ombudsman has recalled Kosovo's continued commitment to international justice and rule of law”, stressing that the establishment of Specialised Chambers in The Hague has been made through constitutional changes and relevant legislation. He has also isolated the fact that high political representatives of Kosovo have surrendered voluntarily to face justice as evidence of institutional devotion to accountability and international co-operation.

The Hague reports on petition

And during the day, a petition has been submitted to the Special Court by 200 thousand signatures at the request of “The Justice for Liberations”, the chairman of the KLA War Veterans Organisations, Hysni Gucati, has confirmed.

This is not just a petition, it is the pure will of a nation that does not forget the sacrifice. With firm confidence in the pure war of the KLA, may we hope that this summer the sun will rise differently with our leaders at home, where they belong, in free Kosovo! ” has written the Gucati on Facebook published the moment of petition delivery to The Hague tribunal.

Online petition was launched on February 25th.

Through it, it calls for fair process against former KLA members.

Former President Thaci, former Prime Ministers Veselin and Krasniqi, and former President Selimi have presented final words on February 18th. They conveyed the message that they fought for freedom and that justice should be based on truth rather than on the Narratites of opposers and Prosecutors.

Thaci has told the court that the enemy had only the Balkan butcher.

The only opponent of mine and of the democratic world was Slobodan Milosevic”, he has declared at the tribunal, and has stressed that in war he could not even dream of extending power to all of Kosovo as the prosecution claims, which responsibility for the alleged crimes committed by members of the KLA has fortunate four members of the General Staff.

I returned home to risk my life for freedom. What control is it for? Who? Control and power were in Slobodan Milosevic's iron hands. Nobody else's”, he said.

Like Hashim Thaci, Wessel has stressed that he has returned from exile in Kosovo. He has expressed confidence that the court will decide correctly.

And during his speech, Selimi referred to the prosecution's claims on several occasions. He deemed them groundless and said the prosecution's body is aimed at condemning the KLA's General Staff.

Krasniqi has also said the charges against former KLA Chiefs of General Staff are similar to those who oppressed Albanians.

Before the final speech of four former KLA representatives, their lawyers spoke at the Special Court. Wessel's lawyer called the prosecution's evidence a mess.

Chief Judge Charles Smith III has announced the court case closed following concluding statements Thaci, Veselin, Krasniqi and Selimi gave to the court. The judge has said he will be in touch with the parties in the following months regarding the date of the proclamation and revising of the act on this occasion. Now it's confirmed that the court needs more time to decide.

The prosecution accuses Thaci, Veselin, Krasniqi and Selimi of joint criminal enterprise linked to six counts of war crimes: Persecution (Picca 1), Prisoning (Picca 2), other inhuman act (Picca 4), Torture (Picca 6), illegal murder (Picca 8), rape by violence (Picca 10), and four counts of crimes against humanity, including illegal or arbitrary arrest and ban (Picca 3), cruel treatment (Picca 5), Tortura (Picta 7) and illegal murder (Picka 9). Most of the crime victims, according to the Prosecutor, are Albanians, civilians and members of the Democratic League of Kosovo.

The prosecution has demanded 45 years of imprisonment for each of the accused, after claiming they have been aware or had to be aware of the cause of leadership positions in the General Staff, regarding claims of crimes committed and intended to take power in Kosovo through them.

Former KLA General Staff leaders have denied all these charges. They have said the KLA had no such hierarchy, since they had the weight of the commanders in the areas and that it was intended to fight Serbia, not civilians.