In Januzi et al case, two separate plea agreements were made public today, in which Sabit Januzi and Haxhi Shala each admit guilt to one charge of obstructing official persons in performing official duties, and one charge of intimidation in criminal proceedings.
Each plea agreement is based on an “agreed basis of facts”, in which the accused acknowledge that certain facts laid out in the indictment would be proven beyond a reasonable doubt and are true and correct.
The Rules of Procedure and Evidence of the Kosovo Specialist Chambers allow for the Specialist Prosecutor and the Defence to reach a plea agreement, which must be approved by the Trial Panel before it enters into force. The Trial Panel is currently considering the plea agreements in this case.
Pursuant to Rule 94 of the KSC Rules of Procedure and Evidence, the Trial Panel will only approve an agreement if the judges are satisfied that several conditions have been met:
• That there is sufficient factual basis establishing the essential facts that are required to prove the crime and the participation of the accused
• That the lawyer has discussed the agreement with the accused and that the accused understands the terms of the agreement
• That the accused admits facts related to the charges in the agreement and that this admission was made without any threats or coercion
• That the accused understands the consequences of the agreement and waives their right to a trial under the ordinary trial procedure
• That the interests of justice are duly taken into account
The Trial Panel has scheduled a hearing on the plea agreements for 18 December, starting at 09:00, with 19 December also reserved if necessary.
During the first part of tomorrow’s session, the Trial Panel and the judges will discuss preliminary matters related to the plea agreements, after which a plea hearing will be held for Mr Shala, followed by a plea hearing for Mr Januzi.
A plea agreement between Ismet Bahtijari and the Specialist Prosecutor’s Office has not yet been made public in the case. Further details will be provided in due course, as soon as public redacted versions of the relevant filings are available.
