KSC-BC-2020-05/KSC-CA-2023-02/KSC-SC-2024-02
Salih Mustafa was the Commander of a BIA guerrilla unit, which operated within the Llap Operational Zone of the Kosovo Liberation Army (KLA). 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. There were 8 participating victims in this case. The reparation order in respect of victims was pronounced on 6 April 2023: The Trial Panel ordered Mustafa to pay an overall sum of €207,000 as compensation for the harm inflicted on the victims of the crimes for which he is convicted. The appeal judgment was pronounced on 14 December 2023: the Panel reduced his overall single sentence from 26 years to 22 years of imprisonment, with credit for time served. On 14 March 2024, Mustafa filed his request for protection of legality pursuant to Article 48(6) to (8) of the Law and Rule 193 of the Rules. The Supreme Court Panel partially granted the Mustafa's request on 29 July 2024 and annulled the appeal judgment insofar as it relates to his 22-year sentence of imprisonment. The case was sent back to the Appeals Panel under Rule 194(1)(b) to consider reducing his sentence, in accordance with the reasoning given in the Supreme Court Panel's decision.