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.

INDICTMENT HISTORY

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 and the lesser redacted indictment was filed on 4 October 2021. This was the operative indictment in this case.


Summary of charges

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)

 

LINK TO THE OPERATIVE INDICTMENT

 


PROCEDURAL DEVELOPMENTS

  • 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 27 August 2021, the Specialist Prosecutor's Office filed a public redacted version of its pre-trial brief. The Gucati Defence did the same on 2 September whereas the Haradinaj’s Defence filed an "interim" pre-trial brief on 12 July 2021.

  • On 16 July 2021, the Pre-Trial Judge transmitted the case file to Trial Panel II.

  • The trial preparation conference in this case was held on 1 and 2 September, followed by the SPO preparation conference on 8 September 2021.

  • The trial commenced on 7 October 2021. On 10 November 2021, the SPO closed its case.

  • On 26 November 2021, the Panel denied the motions, filed by both Defence teams, to dismiss the charges against the accused pursuant to Rule 130 of the KSC Rules of Procedure and Evidence. The Defence preparation conference was held on 2 December and the Gucati’s Defence case commenced on 3 December 2021, followed by the Haradinaj’s case on 15 December 2021. Both Defence teams closed their cases on 2 February 2022.

  • The evidentiary proceedings in this case were closed on 3 February 2022. The SPO and the Haradinaj Defence filed its final trial brief on 3 March 2022, followed by the Gucati Defence on 4 March. On 16 March, the Panel reopened the proceedings for the sole purpose of admitting certain witness statements, filed by the Defence, related to sentencing. The closing statements took place from 14 until 17 March 2022.

  • The trial judgment was pronounced on 18 May 2022: The Panel found both accused guilty of obstructing official persons in performing official duties, intimidation during criminal proceedings and violating the secrecy of proceedings and sentenced each Accused to four and a half years’ imprisonment, with credit for time already served, and a fine of 100 EUR each. 

 

LINK TO THE TRIAL JUDGMENT 

 

Trial information/statistics
Trial Panel composition Judges Charles Smith III (Presiding), Christoph Barthe, Guénaël Mettraux, Fergal Gaynor (Reserve judge)
Specialist Prosecutor's Office Valeria Bolici, Matt Halling, James Pace
Defence Counsel Gucati: Jonathan Elystan Rees (Counsel), Huw Bowden and Eleanor Stephenson (Co-Counsels) 
Haradinaj: Toby Cadman (Counsel), Carl Buckley and Almudena Bernabeu García (Co-Counsels)
Number of witnesses in court 14: four (SPO), six (Gucati), four (Haradinaj)
Number of written witness testimonies 18: twelve (Gucati Defence), six (Haradinaj Defence)
Number of exhibits 169 (SPO), 46 (Gucati Defence), 20 (Haradinaj Defence), 2 (Trial Panel)
Number of trial days 32
Pre-trial period length 12 months 12 days

 


 

List of all hearings

Below you can find the list of all hearings in the Gucati&Haradinaj case. Please note that videos and transcripts will be added to the list as they become available. It will sometimes take days before a video or a transcript is available for certain hearings.

List of all public hearings in the Gucati&Haradinaj case
Date Type of hearing Video recording Transcript
29/09/2020 First appearance (Haradinaj) Video Transcript
01/10/2020 First appearance (Gucati) Video Transcript
18/12/2020 Initial appearance (Haradinaj) Video Transcript
18/12/2020 Initial appearance (Gucati) Video Transcript
08/01/2021 Further appearance (Haradinaj)/Status Conference Video Transcript
24/02/2021 Status Conference Video  Transcript
30/03/2021 Status Conference Video Transcript
30/04/2021 Status Conference Video Transcript
28/05/2021 Status Conference Video Transcript
14/07/2021 Status Conference Video Transcript
01/09/2021 Trial preparation conference Video Transcript
02/09/2021 Trial preparation conference Video Transcript
08/09/2021 SPO Preparation conference Video Transcript
07/10/2021 Opening statement (SPO) Video Transcript
18/10/2021 Trial hearing - testimony of SPO witness Zdenka Pumper Video Transcript
19/10/2021 Trial hearing - testimony of SPO witness Zdenka Pumper Video Transcript
20/10/2021 Trial hearing - testimony of SPO witness Zdenka Pumper Video Transcript
21/10/2021 Trial hearing - testimony of SPO witness Zdenka Pumper Video Transcript
25/10/2021 Trial hearing - testimony of SPO witness Zdenka Pumper Video Transcript
26/10/2021 Trial hearing - testimony of SPO witnesses Zdenka Pumper and Halil Berisha Video Transcript
27/10/2021 Trial hearing - testimony of SPO witness Halil Berisha Video Transcript
28/10/2021 Trial hearing - testimony of SPO witness Miro Jukić Video Transcript
04/11/2021 Trial hearing - testimony of SPO witness Miro Jukić Video Transcript
05/11/2021 Trial hearing - testimony of SPO witness Daniel Moberg Video Transcript
08/11/2021 Trial hearing - procedural matters/unsworn statements of the accused Video Transcript
02/12/2021 Defence preparation conference Video Transcript
03/12/2021 Opening statement (Gucati Defence) Video Transcript
06/12/2021 Trial hearing - testimony of Defence witness Hysni Gucati (the accused) Video Transcript
07/12/2021 Trial hearing - testimony of Defence witness Hysni Gucati (the acused) Video Transcript
08/12/2021 Trial hearing - testimony of Defence witness Hysni Gucati (the accused) Video Transcript
09/12/2021 Trial hearing - testimony of Defence witnesses Taibe Miftari, Elmedina Ballazhi, Pren Marashi and Metush Kryeziu Video Transcript
10/12/2021 Trial hearing - testimony of Defence witness Cele Gashi Video Transcript
15/12/2021 Trial hearing - further cross-examination of two recalled SPO witnesses Pumper and Jukić/Opening statement (Haradinaj Defence) Video Transcript
11/01/2022 Trial hearing - testimony of Defence witness Nasim Haradinaj (the accused) Video Transcript
12/01/2022 Trial hearing - testimony of Defence witness Nasim Haradinaj (the accused) Video Transcript
13/01/2022 Trial hearing - testimony of Defence witness Nasim Haradinaj (the accused) Video Transcript
14/01/2022 Trial hearing - testimony of Defence witnesses Nasim Haradinaj (the accused) and Rashit Qalaj Video Transcript
21/01/2022 Trial hearing - testimony of Defence witness Anna Myers Video Transcript
24/01/2022 Trial hearing - testimony of Defence witness Robert Reid Video Transcript
28/01/2022 Trial hearing - testimony of Defence witness Robert Reid Video Transcript
31/01/2022 Status conference Video Transcript
14/03/2022 Closing statements (SPO) Video Transcript
15/03/2022 Closing statements (Gucati Defence) Video Transcript
16/03/2022 Closing statements (Gucati&Haradinaj Defence) Video Transcript
17/03/2022 Closing statements (SPO responses, Defence's replies, sentencing submissions) Video Transcript
18/05/2022 Pronouncement of trial judgment Video Transcript

Case information

Accused: 
Hysni Gucati & Nasim Haradinaj
Case number: 
KSC-BC-2020-07
Case stage: 
* Proceedings pursuant to Article 15(2) of the Law