Having found them responsible for the arbitrary detention of 385 people, the cruel treatment of 49 people, the torture of 303 people and the unlawful killing of 96 people, the panel of the Specialist Chambers in The Hague sentenced Hashim Thaçi and Jakup Krasniqi to 25 years in prison each, Kadri Veseli to 18 years in prison and Rexhep Selimi to 13. The conviction of the Specialist Court opened the way for second-instance proceedings. To challenge the verdict, the law provides the defendants with the right to appeal it through their defenses. But also the Prosecution, if it is not satisfied with the sentence
The Special Court sentenced Hashim Thaçi and Jakup Krasniqi to 25 years in prison each, Kadri Veseli to 18 years in prison, and Rexhep Selimi to 13. The former leaders of the Kosovo Liberation Army were convicted of war crimes, including unlawful or arbitrary detention, cruel treatment, torture, and unlawful killings.
The special prosecutor found that the four were responsible for the arbitrary detention of 385 people, the cruel treatment of 49 people, the torture of 303 people, and the unlawful killing of 96 people.
They were found not guilty of crimes against humanity after the suspicion of having committed attacks on the civilian population was not proven. The defendants were also found not guilty in relation to a number of war crimes incidents.
“The judges found that during the conflict in Kosovo, Mr. Thaçi, Mr. Veseli, Mr. Selimi and Mr. Krasniqi made a substantial contribution to the implementation of the common criminal purpose of targeting those considered opponents of the political and military goals of the Kosovo Liberation Army, including Kosovo Albanians who had links to other political or military forces, such as the LDK and the FARK; persons allegedly linked to the authorities of the FRY/Serbia, and certain members of other ethnic minorities, including a number of Roma and Serbs,” the Special Chamber’s decision states.
During the session, the presiding judge said that the trial was not about the legitimacy of the Kosovo Liberation Army and its goal of an independent Kosovo, "but about the use of certain criminal means by some of its members to achieve these goals."
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Thaçi and Krasniqi are sentenced to 25 years in prison each, Veseli 18 and Selimi 13
Regarding the role of each of the accused, the Court found that they were “key members in the formulation and implementation of the common criminal purpose”.
The trial panel found that Hashim Thaçi made a substantial contribution to the implementation of the common criminal intent. It found that Thaçi, as a member of the General Staff and the Political Directorate, was a key member in the formulation and implementation of the common criminal intent. According to the trial panel, the Political Directorate had almost exclusive competence over the political decisions of the KLA and Thaçi sought the political vision of the KLA, which he expressed publicly. This included targeting collaborators, establishing competent structures and bodies and regulations for this purpose, as well as using special warfare for this purpose and against opponents, through communiqués and other public statements. Thaçi, with the other defendants, according to the trial panel, appointed loyal individuals to key command positions in order to have control over the KLA and ensure that it was respected down to the lowest levels of the hierarchy.
"Thaci participated in and encouraged the commission of crimes in various ways. Through statements and communiqués, as well as the use of special warfare, Thaci expressed tolerance and encouragement for the commission of crimes against opponents. Thaci personally participated in the crimes, including the arrest, detention and interrogation of 13 parliamentarians in Qirez and Bajica, as well as in the arrest, detention and unlawful killing of Behajdin Hallaqi. He was also aware of the arrest and detention of several other persons," the trial panel said.
Regarding the accused Kadri Veseli, the trial panel said that he was the head of the Directorate of the MEO, which was responsible for identifying, providing information, observing and neutralizing persons who were thought to be collaborators. According to Judge Charles Smith, the Intelligence Directorate was one of the main means through which the common criminal purpose was implemented, and Veseli was a key member in implementing this purpose.
“Veseli, together with the other defendants, appointed key individuals to positions to implement the common purpose. Veseli participated in and encouraged the commission of crimes. He was involved in the process of identifying and targeting opponents, many of whom were killed. He was personally involved in the illegal arrest, detention and killing of Behajdin Hallaqi, as well as the arrest, detention and release of another KLA detainee. Veseli was aware of the crimes committed against opponents and, despite his knowledge, took no steps to prevent, investigate or punish them. these crimes," he said.
Meanwhile, for Rexhep Selimi, Judge Smith stated that he encouraged and participated in the commission of crimes in various ways. Smith emphasized that Selimi also participated in the arrest of 13 people in Qirez. According to Judge Smith, Selimi, as a member of the KLA General Staff, played a crucial role in the creation of operational areas, which he regularly inspected.
The accused Jakup Krasniqi, according to the trial panel, made a substantial contribution to the implementation of the common criminal purpose and was a key member in implementing the policy of targeting persons considered opponents. According to Judge Charles Smith, through the publication of communiqués, political statements and orders, Krasniqi encouraged the commission of crimes against persons considered opponents.
The four have been held in custody since November 2020.
But former President Thaçi also has another open case in the Special Court. The Specialist Prosecutor's Office in The Hague in 2024 filed charges of obstruction of justice against Thaçi and four other individuals: former Minister of Justice, Hajredin Kuçi; former head of the Kosovo Intelligence Agency, Bashkim Smakaj; former mayor of Malisheva, Isni Kilaj; and Fadil Fazliu.
They are accused of having, between April and November 2023, influenced the testimonies of witnesses called by prosecutors in the war crimes trial against Thaçi himself and three former KLA leaders.
The Special Court was established in 2015 by the Assembly of Kosovo, functions within the Kosovo judicial system, but operates with international staff in the Netherlands.
All four convicts, in addition to their involvement in the war, have held institutional and party leadership positions after the war. Thaçi has been chairman of the PDK, prime minister, foreign minister and president, Krasniqi and Veseli have been speakers of the Assembly, and Selimi is a deputy and head of the LVV parliamentary group.
Appeal procedures that must be followed by the defense of former KLA leaders
Hashim Thaçi, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi will be subject to second-instance proceedings to challenge the convictions for war crimes by the Special Court. In the two cases before the Special Court, these proceedings have lasted 10 and a half months each.
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Thaçi and Krasniqi are sentenced to 25 years in prison each, Veseli to 18 and Selimi to 13 years.
The Special Court's guilty verdict against Hashim Thaçi, Kadri Veseli, Rexhep Selim and Jakup Krasniqi for war crimes paved the way for second-instance proceedings.
To challenge the verdict, the law provides the defendants with the right to appeal it through their defense attorneys, as well as the Prosecution if it is not satisfied with the sentence.
The Rules of Procedure and Evidence of the KSC provide that parties dissatisfied with the judgment may submit a notice of appeal within 30 days of the pronouncement of the judgment.
Within 21 days of the notice of appeal, a conference will be held for the parties to raise the issues they will object to.
According to the procedures, the appellant submits the file where he presents all the arguments and legal sources on which he relies. This submission of the documentation must be made within 60 days from the notice of appeal. Whereas, in cases where the appeal relates only to the sentence, the file must be submitted within 30 days from the notice of appeal.
If in the case of former KLA leaders, the Appeals proceedings begin with the defense, the Regulation allows the Prosecution to submit a response to the defense file within 30 days. However, when the appeal is only against the sentence, then the Prosecution has time to submit its response within 15 days.
Since the defense does not know what objections the Prosecution may have, the procedures also allow it to respond to the arguments of the body that had the burden of proof in the first instance. This response is expected to be submitted within 15 days, but if it is only an appeal of the sentence, then it must be submitted within 10 days.
The important thing about these procedures is that the parties can make requests to submit additional evidence.
In cases where the Appeals Chamber accepts additional evidence, the opposing party may present counter-evidence. The victims' advocate also has the opportunity to submit additional documentation regarding the impact this evidence may have had on the victims.
“In the appellate judgment, the panel of the Court of Appeal shall consider any additional evidence admitted, together with the evidence already in the record. If several persons declared innocent or guilty are parties to the appeal, the evidence admitted for each of them shall be considered in relation to all of them, if relevant to them and subject to rule 182(4),” states the Rules of Procedure and Evidence of the KSC.
After the submission of the final submissions by the parties, the Appeals Panel must issue its judgment within 60 days. However, if there are compelling reasons, the 30-day deadline for issuing the decision may be extended.
The verdict of guilt or the sentence imposed by the Appeals Court enters into force immediately. Consequently, when the verdict is acquittal, the convicted person of the first instance is immediately released.
The four scenarios that may characterize the conclusion of the Appeals proceedings are: to confirm the first instance decision, to change it, to intervene in some part or finding, or even to remand the case for retrial.
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Summary of the verdict sentencing Thaçi and others published
The Special Court has handled two cases so far on Appeal. The one against Salih Mustafa, whose sentence was reduced from 26 years to 22 years in prison, and the one against Pjetër Shala, whose sentence was reduced from 18 years to 13 years in prison.
Both processes lasted 10 and a half months.
