Sabit Januzi et al.

	According to the indictment, Sabit Januzi is a Kosovar national born in Bërvenik/Brvenik, Kosovo.
	According to the indictment, Ismet Bahtijari is a Kosovar national born in Fushticë e Poshtme/ Donja Fuštica, Kosovo.
	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.

Subsequent to the plea agreements between the SPO and the three accused, a revised indictment was submitted by the SPO on 6 December 2024, incorporating the terms of the agreement. This was followed by a further revised indictment, filed on 17 December 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

• 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.

• 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. 

• 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.

• 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.

• 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. 

• 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.

• The trial preparation conferences took place on 7 and 8 October 2024. 

• On 24 October 2024, the Panel decided that the trial shall open on 14 November of the same year. On 11 November, the SPO and the Defence informed the Panel that they were nearing the conclusion of plea agreements for each accused. Subsequently, on 12 November 2024, at the request of the parties, the Panel postponed the trial's commencement to allow for the finalization of these plea agreements. On 29 November, the Panel issued a ruling concerning plea proceedings ordering parties to submit revised versions of each plea agreement, complying with the requirements of the Rule 94 of the Rules as well as to provide written submissions pertaining to sentencing matters. The Panel also scheduled hearings for the plea agreements on 18 December. On 6 December 2024, both parties filed their submissions, including the plea agreements. On 13 December, the Panel set the agenda for the forthcoming hearings on 18 December and ordered the reclassification of Shala’s and Januzi’s revised plea agreements, in the interest of the publicity of the proceedings. In the same ruling, the Panel decided that Bahtijari's plea agreement would not be addressed in the upcoming hearings due to its non-compliance with Rule 94. On 16 December, the parties notified the Panel that they had reached a new plea agreement with Bahtijari and submitted it for consideration. On 18 December, the Panel issued an oral order finding that the new plea agreement with Bahtijari complies with the requirements of Rule 94(2) of the Rules and scheduled a hearing to take place on 19 December concerning Bahtijari. In all plea agreements, each accused admitted guilt to one charge of obstructing official persons in performing official duties (count 2), and one charge of intimidation in criminal proceedings (count 3). Having confirmed their comprehension of the plea agreement's terms and consequences, as outlined in Rule 94 of the Rules, all three accused pleaded guilty on 18 and 19 December 2024 to counts 2 and 3 of the confirmed indictment.  The Trial Panel is currently considering the plea agreements reached in this case and will issue its decision in due course.

*As of 23/12/2024

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. 

The audio visual recordings accessible are classified as PUBLIC and do not include portions of the hearings that are CONFIDENTIAL and/ or may contain portions of hearings that are re-classified to PUBLIC.