Two decisions of the Supreme Court in the case of Salih Mustafa

On 25 January, the Supreme Court Panel issued two decisions in relation to the potential request for protection of legality in the case of Salih Mustafa.

In the first decision, the Panel determined that Venkateswari Alagendra did not notify Trial Panel II (in which Jakup Krasniqi is accused and whom she also represents) that she intended to represent Mustafa, as is required by the Article 28(4)(1)(b) of the Code of Conduct, to obtain the Trial Panel’s determination on whether a conflict of interest exists. Accordingly, the Panel declared that the appointment of Alagendra as new counsel to Mustafa has no legal effect and ordered the Registrar to appoint duty counsel to represent Mustafa until the matter has been resolved.

In the second decision, the Panel dismissed the Mustafa Defence’s request for an extension of time to file its request for protection of legality as Venkateswari Alagendra at the moment has no standing to file any request on behalf of Mustafa, including the request for an extension. Furthermore, the Panel also noted that, even if Alagendra had standing, the time lines provided in the Law (requests for protection of legality are to be filed within three months from the final judgment) cannot be varied by the Rules of Procedure and Evidence.