The Court of Appeals Panel has scheduled the pronouncement of the appeal judgment in the case of the Specialist Prosecutor v. Salih Mustafa for 14 December 2023 at 09:30 CET.
The hearing will be public and can be followed in Albanian, Serbian or English through the streaming page of the KSC website (https://www.scp-ks.org/en/streaming) with a 10-minute delay, or from the public gallery at the premises of the court. More information about the hearing schedule can be found on the court calendar (https://www.scp-ks.org/en/calendar).
To attend the hearing from the public gallery, pre-registration is required.
Journalists who would like to record the hearing from the media centre can do so, and are also kindly asked to pre-register.
To pre-register, please send an email to [email protected] with your name, citizenship, date of birth and passport or ID number, subject line “Appeal Judgment”.
Media are kindly asked to provide a scan of their press card and to indicate whether they wish to follow the hearing from the public gallery or from the media centre. The deadline for pre-registration is Tuesday, 12 December at 16:00. Please note that your place is only confirmed once you have received a confirmation email. Confirmation emails will be sent on Tuesday afternoon (12 December) after 16:00.
The audio-visual recording of the pronouncement of the appeal judgment will be made available on 14 December later in the day on the KSC webpage and YouTube Channel.
Following the hearing, the spokespersons of the KSC will hold a press briefing at 14:30 at which journalists can ask questions. Journalists can join the briefing in the press briefing room on the KSC premises or online via Zoom. Any journalists wishing to join the press briefing online should write to [email protected] and we will send you the link. Journalists who would like to attend the briefing from the press briefing room are kindly asked to notify the media team by writing to the same email address.
Summary of Charges
The indictment charged Salih Mustafa on the basis of individual criminal responsibility and superior criminal responsibility with four counts of war crimes (arbitrary detention, cruel treatment, torture, and murder) committed by certain KLA members against persons detained at the detention compound in the village of Zllash/Zlaš, located in the Gollak/Goljak region in Kosovo. According to the indictment, between approximately 1 April 1999 and around the end of April 1999, Salih Mustafa and certain other KLA soldiers, police, and guards shared a common purpose to interrogate and mistreat detainees at the Zllash/Zlaš detention compound and the common purpose involved the crimes charged in the indictment.
Case History
The Pre-Trial Judge confirmed the indictment against Salih Mustafa on 12 June 2020. Mr. Mustafa was arrested and transferred to the Detention Unit of the Kosovo Specialist Chambers on 24 September 2020.
On 7 May 2021, the Pre-Trial Judge transmitted the case file to Trial Panel I. The trial commenced on 15 September 2021. On 4 February 2022, the Specialist Prosecutor’s Office closed its case. Victim’s Counsel presented evidence on 21 March. On 26 May 2022, the Defence closed its case. The closing statements took place from 13 until 15 September 2022.
The trial judgment was pronounced on 16 December 2022. The Trial Panel found the accused guilty of the war crimes of arbitrary detention, torture and murder and sentenced him to a prison sentence of 26 years. The Trial Panel acquitted Mr Mustafa of cruel treatment as a war crime.
The reparation order in respect of the eight participating victims in the case was pronounced on 6 April 2023. The Trial Panel ordered Mr. Mustafa to pay an overall sum of €207,000 as compensation for the harm inflicted on the victims of the crimes.
On 2 February 2023, the Defence filed its notice of appeal against the judgment. Accordingly, the President assigned the Court of Appeals Panel, composed of Judges Michèle Picard, Kai Ambos and Nina Jørgensen. An appeal hearing took place on 26 and 27 October 2023.
More information on the case can be found on the Salih Mustafa Case Page.
