According to the indictment, Sabit Januzi is a Kosovar national born in Bërvenik/Brvenik, Kosovo. |
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According to the indictment, Ismet Bahtijari is a Kosovar national born in Fushticë e Poshtme/ Donja Fuštica, Kosovo. |
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According to the indictment, Haxhi Shala is a Kosovar national born in Banje, Malisheve, Kosovo. |
INDICTMENT HISTORY
The indictment against Januzi and Bahtijari (case number KSC-BC-2023-10) was confirmed on 2 October 2023 and was made public on 6 October 2023. The indictment against Haxhi Shala (case number KSC-BC-2023-11) was confirmed on 4 December 2023 and was made public on 12 December 2023.
On 12 January 2024, following its request for the joinder of these two cases, the SPO filed a proposed joint indictment but the Pre-Trial Judge on 8 February 2024 ordered the SPO to resubmit it. On 16 February 2024, the SPO submitted an amended indictment against Januzi and Bahtijari, which corrected Bahtijari’s last name and improved clarity and precision of the case. The joinder indictment was resubmitted by the SPO on 27 February 2024 and made public on 3 July 2024. On 17 May 2024, the Pre-Trial Judge granted the SPO's request to amend the indictment and include new factual allegations, in relation to Januzi and Bahtijari only. On 8 July 2024, the Pre-Trial Judge confirmed the amendments and ordered the SPO to file the amended joint indictment, which they did on 10 July 2024.
Summary of charges
According to the confirmed indictment, "Witness 1" is a person who has or is likely to provide information to the Special Investigative Task Force, SPO, and/or to any KSC Panel about any crimes or offences falling under KSC jurisdiction. The indictment states that between at least 5 April 2023 and 12 April 2023, Shala, Januzi and Bahtijari, in co-perpetration with other individuals, coordinated as a group before and after in-person approaches made to Witness 1 by Januzi and Bahtijari.
The indictment further states that, at Shala's direction, Januzi and Bahtijari individually met with Witness 1 on two separate occasions in order to induce him to withdraw evidence or refrain from providing evidence in official proceedings before the Kosovo Specialist Chambers, including by use of serious threat and the promise of a gift or any other form of benefit.
The charges are the following:
TWO COUNTS OF CRIMINAL OFFENCES AGAINST PUBLIC ORDER
- Obstructing official persons in performing official duties (Count 1 and Count 2)
One COUNT OF CRIMINAL OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE AND PUBLIC ADMINISTRATION
- Intimidation during criminal proceedings (Count 3)
LINK TO THE OPERATIVE INDICTMENT
PROCEDURAL DEVELOPMENTS
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Sabit Januzi and Ismet Bahtijari were arrested in Kosovo on 5 October and transferred to the KSC Detention Unit on 6 October 2023. At the initial appearance on 9 October 2023, both Januzi and Bahtijari pleaded not guilty to all charges in the indictment.
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Haxhi Shala was arrested in Kosovo on 11 December and transferred to the KSC Detention Unit on 12 December 2023. At the initial appearance on 13 December 2023, Shala did not enter a plea. He pleaded not guilty to all charges at the further appearance on 15 December 2023.
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On 13 December 2023, the SPO filed a request to join the cases against Januzi and Bahtijari (KSC-BC-2023-10) with the case against Haxhi Shala (KSC-BC-2023-11). On 8 February 2024, the Pre-Trial Judge granted the SPO request for the joinder of these two cases and determined that the joint case will be renamed The Specialist Prosecutor v. Sabit Januzi, Ismet Bahtijari and Haxhi Shala and will have the case number KSC-BC-2023-10.
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On 16 February 2024, the SPO filed, as confidential, its pre-trial brief in the joint case while the public redacted version was filed on 3 July 2024. The Bahtijari Defence submitted its pre-trial brief on 19 June 2024, followed by the Haxhi Shala and Januzi Defence on 2 September 2024 (all confidential). The confidential version of Bahtijari’s updated and further updated pre-trial briefs were filed on 19 August and 2 September 2024. The public redacted version of Shala's brief was filed on 2 October 2024. On 21 October 2024, Bahtijari filed the public redacted version of his updated pre-trial brief.
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The further appearance of Januzi and Bahtijari took place on 12 July 2024, during which the both accused pleaded not guilty to the new charge against them in the amended joint indictment.
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The Pre-Trial Judge initially set 21 June 2024 as the date to transmit the case file to the Trial Panel, but later changed it to 5 and 22 July 2024. However, on 12 July 2024, the Pre-Trial Judge vacated the previously scheduled date. On 23 July 2024, she determined that the case file would be transmitted to the Trial Panel within two days after the submission the Defence's pre-trial brief(s), if any, or after the corresponding time limit expires. On 4 September 2024, the Pre-Trial Judge transmitted the case file to Trial Panel I.
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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.
Trial Panel composition | Judges Mappie Veldt-Foglia (presiding), Roland Dekkers, Gilbert Bitti and Vladimir Mikula (reserve judge) |
Specialist Prosecutor's Office | Tazneen Shahabuddin, John Devaney |
Defence Counsel | Januzi: Jonathan Elystan Rees (Counsel), Huw Bowden (Co-Counsel) |
Bahtijari: Felicity Gerry (Counsel), Marion Carrin (Co-Counsels) | |
H.Shala: Toby Cadman (Counsel), John Cubbon (Co-Counsel) | |
Trial stage | Pre-trial |
Pre-trial period length | 13 months and 6 days (Januzi&Bahtijari) |
11 months (H.Shala) |
*As of 12/11/2024
List of all hearings
Below you can find the list of all hearings in the Januzi & Bahtijari & H.Shala case. Please note that videos and transcripts will be added to the list as they become available.
Date | Type of hearing | Video recording | Transcript |
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09/10/2023 | Initial appearance (Bahtijari) | Video | Transcript |
09/10/2023 | Initial appearance (Januzi) | Video | Transcript |
12/10/2023 | Status Conference (Januzi&Bahtijari) | Video | Transcript |
03/11/2023 | Status Conference (Januzi&Bahtijari) | Video | Transcript |
13/12/2023 | Initial appearance (Haxhi Shala) | Video | Transcript |
14/12/2023 | Status Conference (Januzi&Bahtijari) | Video | Transcript |
15/12/2023 | Status Conference/Further appearance (Haxhi Shala) | Video | Transcript |
13/02/2024 | Status Conference | Video | Transcript |
22/03/2024 | Status Conference | Video | Transcript |
12/07/2024 | Further appearance (Januzi, Bahtijari) | Video | Transcript |
07/10/2024 | Trial Preparation Conference | Video | Transcript |
08/10/2024 | Trial Preparation Conference | Video | Transcript |