The President of the Kosovo Specialist Chambers (KSC), Judge Ekaterina Trendafilova, on 12 December 2023, decided to modify Mr Nasim Haradinaj’s sentence to provide for his release on or about 14 December 2023, under the conditions set forth in the decision. These conditions will continue to apply for the duration of the sentence imposed by the Court of Appeals Panel, namely for the remainder of the four year and three-month sentence.
In coming to her decision, the President consulted the Judges of the sentencing Panels as provided for in Article 51(2) of the Law on Specialist Chambers and Specialist Prosecutor’s Office (“Law”), and took into consideration the factors set forth in Rule 196(3) of the Rules of Procedure and Evidence as well as the oral hearing she conducted with Mr Haradinaj. In addition, and as set forth in her earlier decision of 12 October 2023 on the commutation, modification, or alteration of Mr Haradinaj’s sentence, the President considered a report submitted by the Registrar on Mr Haradinaj’s behaviour at the Detention Facilities.
The President considered that while the offences for which Mr Haradinaj was convicted are indisputably grave given the chilling impact the revelation of confidential information had on (potential) witnesses, there were a number of factors that weighed in favour of modification of his sentence.
Notably, the President found that Mr Haradinaj had an opportunity to reflect on his actions while at the KSC’s Detention Facilities and that the report showed that he had abided by the rules of the Detention Facilities over the past few months. The President further noted Mr Haradinaj’s expressions of regret and his firm commitment to refrain from engaging in any further acts that could qualify as offences against the administration of justice and to abide by any conditions imposed on his release. The President emphasised that if Mr Haradinaj fails to adhere to any of the conditions set forth in the decision the decision will be revoked.
The President’s decision can be found here on the KSC’s website.
Proceedings related to the commutation, modification or alteration of sentences as provided for in Article 51(2) of the Law are individual proceedings. When a convicted person has served two-thirds of a sentence, he or she becomes eligible for consideration of commutation, modification or alteration of the sentence, but does not have the right to the sentence being commuted, modified or altered.
