During the period covered by the indictment, Hysni Gucati was Chairman of the Kosovo Liberation Army War Veterans Association.
During the period covered by the indictment, Nasim Haradinaj was Deputy Chairman of the Kosovo Liberation Army War Veterans’ Association.
Summary of charges
The initial indictment against the two accused was confirmed on 11 December 2020 and made public on 14 December 2020. On 23 June 2021, the Court of Appeals Panel granted, in part, the appeals by Gucati and Haradinaj in relation to alleged defects in the form of the indictment and ordered that a corrected version of the indictment be filed by the SPO. The corrected indictment was filed on 5 July 2021. The indictment states that between at least 7 and 25 September 2020, on the occasion of three press conferences and other broadcasted events, as well as through further dissemination, Gucati and Haradinaj revealed, without authorisation, information protected under the law of the Specialist Chambers, including the identifying details of certain (potential) witnesses. Gucati and Haradinaj also made disparaging accusations and remarks against (potential) witnesses and repeatedly expressed their intention to undermine the Specialist Chambers.
The charges are the following:
TWO COUNTS OF CRIMINAL OFFENCES AGAINST PUBLIC ORDER
- Obstructing official persons in performing official duties (Count 1 and Count 2)
FOUR COUNTS OF CRIMINAL OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE AND PUBLIC ADMINISTRATION
- Intimidation during criminal proceedings (Count 3)
- Retaliation (Count 4)
- Violating secrecy of proceedings (Count 5 and Count 6)
Hysni Gucati and Nasim Haradinaj were arrested in Prishtinë/Priština, Kosovo, on 25 September 2020 and transferred to the KSC Detention Unit on 25 and 26 September, respectively.
Haradinaj’s and Gucati’s first appearances as suspects before the Single Judge, Nicolas Guillou, were held on 29 September 2020 and 1 October 2020, respectively.
On 11 December 2020, Pre-Trial Judge, Nicolas Guillou, confirmed the indictment against the two accused.
Gucati’s and Haradinaj’s initial appearances took place on 18 December 2020 before the Pre-Trial Judge, Nicolas Guillou. Gucati pleaded not guilty to all counts of the indictment whereas Haradinaj chose to enter his plea within 30 days. During his further appearance on 8 January 2021, Haradinaj failed to enter a plea. Accordingly, pursuant to Rule 92(2)(f) of the Rules, the Pre-Trial Judge entered a plea of not guilty on his behalf.
On 9 April 2021, the Specialist Prosecutor filed, as confidential, its pre-trial brief in this case.
On 16 July 2021, the Pre-Trial Judge transmitted the case file to Trial Panel II.
The trial preparation conference in this case is scheduled to be held on 1 and 2 September 2021.