The trial of former leaders of the Kosovo Liberation Army (KLA) is now only awaiting the verdict. Meanwhile, lawyers accredited at The Hague express confidence that the first-instance decision will be issued within a reasonable period of three to five months, despite the large volume of evidence and witnesses.
Lawyer Tahir Rrecaj believes that the judicial panel will adhere to the deadlines and that the first-instance verdict is not expected to be delayed beyond five months.
According to him, all evidence and witnesses have already been presented, so the court now has a clear overview of the case, and this timeframe is sufficient to reach a decision.
“Yes, I believe they will adhere to those timeframes, considering that the case is very voluminous, with many witnesses and material evidence. I believe they will comply within three months, or at most five months, to finalize the decision and announce the verdict, which I hope will be an acquittal. From what I have followed in this trial, it does not appear that the Prosecutor’s charges and claims would result in a guilty verdict for Mr. Thaçi and the others. I strongly believe that the decision will not be delayed beyond five months, because during the trial, the panel has analyzed, examined, and evaluated almost all the evidence. They have nearly sufficient knowledge of the entire process, and now they need to analyze the evidence, compare testimonies, assess witnesses, and their credibility. A five-month period is more than enough for this,”Rrecaj stated.
His colleague, Skënder Musa, shares the same view, adding that he does not anticipate any need for additional time and that the decision should be fair and lawful.
“The timeframe they have set is three months plus two months, so roughly five to six months. It is difficult to specify exactly, even they themselves do not know how long it will take because there are over 11,000 pieces of evidence to review, and each piece varies in size. According to Articles 369 and 364, they are obliged to analyze every piece of evidence, assess contradictions, and evaluate whether the evidence is credible or not. I do not believe additional time will be necessary, although it is important that the decision is made as promptly as possible. Still, it is essential that they review all contradictory evidence, as well as proposals from both the prosecution and defense, to ensure a fair and lawful decision,” he said.
Compared to the time judges have taken to announce verdicts in similar cases, the lawyers note that based on practices in war crimes trials since the end of World War II, judicial decisions are usually announced within about three months after the conclusion of the trial.
Musa expects a similar timeframe will be followed in the case of the former KLA leaders.
“War crimes trial practices have been known since the end of World War II and usually took significant time during proceedings, but the verdict itself typically did not take more than three months. Even in trials against Nazis in Germany and Japan, the verdicts were issued relatively quickly after evidence review. Of course, it depends on the specifics of each case. This case has become more voluminous because Serbia was allowed to submit materials and evidence, some of which were fabricated, and false witnesses were created. The court is obliged to review all of this evidence, but I believe the verdict could be delivered within three months,” Musa stated.
Rrecaj, a former judge, emphasizes that each case is specific and requires sufficient time to analyze all material and witness evidence.
“Each case is unique, so such comparisons cannot be made precisely. Approximate comparisons may be possible, but each case is specific, and the judicial panel evaluates how much time is needed to analyze and assess all material and personal evidence and ultimately make a decision at the end of the trial,” the lawyer said.
On February 9 of this year, closing statements were delivered in the Thaçi et al. case at the Specialist Chambers.
On Wednesday, the four former KLA leaders again pleaded not guilty to the charges brought by the Office of the Specialist Prosecutor.
The defense teams of Hashim Thaçi, Kadri Veseli, Rexhep Selimi, and Jakup Krasniqi requested that all be acquitted of all counts.
They stated before the judicial panel that there is no evidence supporting the Specialist Prosecutor’s claims of war crimes.
Specialist Prosecutor Kimberly West has requested a 45-year prison sentence for each of the former KLA leaders.
Thaçi, Veseli, Krasniqi, and Selimi face charges brought by the Specialist Prosecutor’s Office, which they have dismissed as unfounded. The defense has also rejected the charges, arguing that the KLA did not have an organized command structure.
The trial against them began on April 3, 2023 — nearly three years after the indictment was confirmed, since the former KLA leaders have been held at the detention center in The Hague.
