Today, 16 July 2024, Trial Panel I pronounced its Judgment in the case of The Specialist Prosecutor v. Pjetër Shala. This Judgment represents the second judgment rendered by the Kosovo Specialist Chambers in a war crimes case.
The Trial Panel found Mr. Shala guilty of the war crimes of arbitrary detention, torture and murder and sentenced him to a prison sentence of 18 years. For legal reasons, the Panel acquitted Mr. Shala for the crime of cruel treatment. The Panel found Mr. Shala to be criminally responsible for the crimes through his individual contributions as a participant in a joint criminal enterprise, together with other KLA members.
The present case concerns war crimes committed between approximately 17 May 1999 and 5 June 1999, at the Kukës Metal Factory (KMF), a former metal works factory in the town of Kukës, in the north of Albania. Throughout this time, the KMF served as headquarters for the Kosovo Liberation Army (KLA) and was used for a variety of purposes, including recruitment, mobilisation and logistics. It was also used by certain KLA members to detain, interrogate and mistreat persons who were perceived to collaborate with, be associated with, or sympathize with the Serbian authorities, or who were considered to be not sufficiently supportive of the KLA effort. The victims were predominantly Kosovar Albanians, having suffered at the hands of other Kosovar Albanians.
The total number of detainees reached at the KMF during said time is unknown, but is estimated by the Panel to be around 40 people, including at least three female detainees. The Panel was able to identify eighteen (18) persons. It found that they were held in inhumane and degrading conditions, in small rooms, without sufficient water, food and medical care, not allowed to wash themselves or change clothes. The detainees were not given any reasons for their detention and had no possibility to challenge the lawfulness of their detention.
The detainees were also subjected to harsh interrogations, most often during the night, and forced to provide statements and confessions. They were psychologically and physically mistreated and some were forced to provide manual labour. As a result, the detainees lived in constant fear. The brutal mistreatment left the detainees with long-lasting physical and mental injuries. Some victims also lost the ability to earn a living or to provide for their family. Some had to stop their career or education because they were seen as a family of spies.
One detainee was shot by a KLA member, after having been also severely mistreated by a group of KLA members. He died from the consequences of the gunshot wounds, combined with the denial of appropriate medical treatment.
In May/June 1999, Mr. Shala was a member of the KLA. He was physically present at the KMF on several occasions and participated, together with other KLA members, in the transfer of one detainee to the KMF, and in the interrogation and brutal mistreatment of several detainees. He also participated in the brutal mistreatment of the detainee who died after having been shot at. While Mr. Shala did not have a particular rank or official position within the KLA, he nonetheless enjoyed a certain degree of autonomy at the KMF.
In the course of the trial, the Panel heard 22 witnesses, 10 called by the Specialist Prosecutor, 2 called by Victims’ Counsel, and 10 by the Defence. The Panel further considered written statements, documentary evidence and expert reports. The trial was conducted against the backdrop of a persisting climate of witness intimidation.
Eight victims participated in the proceedings, all of whom benefitted from protective measures.
Finally, the Panel clarified that it will issue in due course a Reparation Order and retains the necessary jurisdiction to that effect.
