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 took place from 15 September 2021 to 15 September 2022. The trial judgment was pronounced on 16 December 2022, finding Mustafa guilty of war crimes of arbitrary detention, torture, and murder, resulting in a 26-year prison sentence. On 5 April 2023, the Trial Panel ordered Mustafa to pay an overall sum of €207,000 as compensation for the harm inflicted on the participating victims of the crimes for which he is convicted. On 14 December 2023, the Court of Appeals Panel reduced his sentence to 22 years of imprisonment. After a Supreme Court ruling on 29 July 2024, the case was sent back to the Appeals Panel to reconsider the sentence. On 10 September 2024, the Court of Appeals Panel imposed a new single sentence of 15 years, with credit for time served. There were eight participating victims in this case.
Following the confirmation of the indictment against the five accused, Isni Kilaj, along with Bashkim Smakaj and Fadil Fazliu, was arrested by the SPO on 5 December and then transferred to the Detention Facilities of the Kosovo Specialist Chambers (KSC) in The Hague on 6 December 2024. Hashim Thaçi was served with an arrest warrant at the KSC Detention Facilities on 5 December, while Hajredin Kuçi was summoned to appear for an initial appearance. During their initial appearances on 8 December 2023, Thaçi and Smakaj did not enter pleas while Fazliu pleaded not guilty to all charges. The following day, 9 December, both Kuçi and Kilaj pleaded not guilty to all charges.
The case involves four alleged former senior officials of the Kosovo Liberation Army: Hashim Thaçi, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi. The indictment states that the crimes charged were committed from at least March 1998 through September 1999 and took place in several locations across Kosovo as well as in Kukës and Cahan, in Northern Albania. On 15 December 2022, the Pre-Trial Judge transmitted the case file to Trial Panel II. The trial, which is ongoing, commenced on 3 April 2023 with the opening statements of the Specialist Prosecutor and the Victims' Counsel, followed by the Defence teams on 4 and 5 April 2023. There are 153 participating victims in this case.
Pjetër Shala was allegedly a member of the Kosovo Liberation Army (KLA) stationed in Kukёs, Albania. The alleged crimes with which Shala is charged took place between approximately 17 May 1999 and 5 June 1999 against persons detained at the Kukёs Metal Factory in Albania, allegedly used by the KLA. On 21 September 2022, the Pre-Trial Judge transmitted the case file to Trial Panel I. The trial commenced on 21 February 2023 and ended on 17 April 2024. The trial judgment was pronounced on 16 July 2024. The Trial Panel found P. Shala guilty of the war crimes of arbitrary detention, torture and murder and sentenced him to a prison sentence of 18 years, with credit for time served. On 2 September 2024, P. Shala filed his notice of appeal against the trial judgment. The reparation order in respect of victims was pronounced on 29 November 2024. The Panel ordered P. Shala to pay a sum of €208,000 as compensation for the physical, mental and material harm inflicted on the victims of the crimes for which he was convicted. There are eight participating victims in this case.
Gucati and Haradinaj served as the Chairman and Deputy Chairman of the Kosovo Liberation Army War Veterans’ Association and their case involved charges related to the obstruction of justice. The trial took place from 7 October 2021 to 17 March 2022. On 18 May 2022, Trial Panel II found both individuals guilty and sentenced them to four and a half years of imprisonment, along with a 100 EUR fine each. On 2 February 2023, the Court of Appeals Panel reduced their sentence to four years and three months of imprisonment, maintaining the 100 EUR fine. After KSC President Trendafilova modified their sentences, Gucati was conditionally released to Kosovo on 17 October 2023 and Haradinaj on 14 December 2023.
On 6 October 2023, Sabit Januzi and Ismet Bahtijari were transferred to the KSC Detention Unit, while Haxhi Shala was transferred on 12 December 2023. All three persons are charged with offences related to administration of justice. On 13 December 2023, the SPO submitted a request to join the cases of Januzi and Bahtijari (KSC-BC-2023-10) with the case involving Haxhi Shala (KSC-BC-2023-11). Subsequently, on 8 February 2024, the Pre-Trial Judge granted the SPO's request and decided to rename the joint case as the Specialist Prosecutor v. Sabit Januzi, Ismet Bahtijari and Haxhi Shala, with case number KSC-BC-2023-10. On 4 September 2024, the Pre-Trial Judge transmitted the case file to Trial Panel I. The trial preparation conferences took place on 7 and 8 October 2024. The opening statements were initially set for 14 and 15 November 2024, but the Panel decided on 12 November 2024 that these hearings would not take place, leaving the trial’s start date currently pending.
