The Court of Appeals Panel scheduled the pronouncement of the appeal judgment in the case of the Specialist Prosecutor v. Hysni Gucati and Nasim Haradinaj on 2 February 2023 at 14:00 CET.
The hearing will be public and can be followed in Albanian, Serbian or English through the streaming page of the KSC website (https://www.scp-ks.org/en/streaming) with a 10-minute delay, or from the public gallery at the premises of the court. More information about the hearing schedule can be found on the court calendar (https://www.scp-ks.org/en/calendar).
To attend the hearing from the public gallery, pre-registration is required.
Journalists who would like to record the hearing from the media centre can do so, and are also kindly asked to pre-register.
To pre-register, please send an email to [email protected] with your name, citizenship, date of birth and passport or ID number, subject line “Appeal Judgment”.
Media are kindly asked to provide a scan of their press card and to indicate whether they wish to follow the hearing from the public gallery or from the media centre. The deadline for pre-registration is Tuesday, 31 January at 16:00. Please note that your place is only confirmed once you have received a confirmation email. Confirmation emails will be sent on Tuesday afternoon (31 January) after 16:00.
The audio-visual recording of the pronouncement of the appeal judgment will be made available on 2 February later in the day on the KSC webpage and YouTube Channel.
Following the hearing, the spokespersons of the KSC will hold a press briefing at 16:30 at which journalists can ask questions. Journalists can join the briefing in the press briefing room on the KSC premises or online via Zoom. Any journalists wishing to join the press briefing online should write to [email protected] and we will send you the link. Journalists who would like to attend the briefing from the press briefing room are kindly asked to notify the media team by writing to the same email address.
Summary of Charges
The indictment states, amongst others, that between at least 7 and 25 September 2020, on the occasion of three press conferences and other broadcasted events, as well as through further dissemination, Hysni Gucati and Nasim Haradinaj revealed, without authorisation, information protected under the Law of the Specialist Chambers and Specialist Prosecutor’s Office (SPO), including the identifying details of certain (potential) witnesses. Gucati and Haradinaj also made disparaging remarks and accusations against (potential) witnesses and repeatedly expressed their intention to undermine the KSC.
The charges are the following:
TWO COUNTS OF CRIMINAL OFFENCES AGAINST PUBLIC ORDER
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Obstructing official persons in performing official duties (Count 1 and Count 2)
FOUR COUNTS OF CRIMINAL OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE AND PUBLIC ADMINISTRATION
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Intimidation during criminal proceedings (Count 3)
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Retaliation (Count 4)
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Violating secrecy of proceedings (Count 5 and Count 6)
Case History
On 25 and 26 September 2020, Hysni Gucati and Nasim Haradinaj were arrested in Prishtinë/Priština, Kosovo, and transferred to the KSC Detention Unit. On 11 December 2020, the Pre-Trial Judge Nicolas Guillou confirmed the indictment against the two accused.
On 16 July 2021, the Pre-Trial Judge transmitted the case file to Trial Panel II. The trial commenced on 7 October 2021. On 10 November 2021, the SPO closed its case. Both Defence teams closed their cases on 2 February 2022.
The trial judgment was pronounced on 18 May 2022. The Trial Panel found both accused guilty of obstructing official persons in performing official duties, intimidation during criminal proceedings and violating the secrecy of proceedings. Both accused were acquitted of the charge of retaliation. The Trial Panel sentenced each of the accused to four and a half years’ imprisonment, with credit for time already served, and a fine of 100 EUR each.
Both Mr. Gucati and Mr. Haradinaj filed notices of appeal, on 17 June 2022. Accordingly, the President of the KSC assigned a Court of Appeals Panel, composed of Judges Michèle Picard, Kai Ambos and Nina Jørgensen. A pre-appeal hearing took place on 5 July 2022 and the Defence filed their appeal briefs thereafter. An appeal hearing took place on 1 and 2 December 2022.
