Hysni Gucati & Nasim Haradinaj

During the period covered by the indictment, Hysni Gucati was Chairman of the Kosovo Liberation Army War Veterans' Association. 

Trial Panel composition

Judges Charles Smith III (presiding), Christoph Barthe, Guénaël Mettraux, Fergal Gaynor (reserve judge)

Specialist Prosecutor's Office

Valeria Bolici, Matthew 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 witnesses - SPO: 4; Gucati: 6; Haradinaj:4

Number of written witness testimonies

18 (Gucati Defence; 12; Haradinaj Defence: 6)

Number of exhibits

169 (SPO), 46 (Gucati Defence), 20 (Haradinaj Defence), 2 (Trial Panel)

Number of trial days in court

32

Pre-trial period length

12 months 12 days

Detention review decisions (total)

9

Trial judgment deliberation phase length (between the end of trial until the pronouncement of trial judgment)

2 months 1 day

Total time before Basic Court (from transfer to the KSC until the trial judgment)

19 months 24 days

Court of Appeals Panel composition

Judges Michèle Picard (presiding), Kai Ambos and Nina Jørgensen

Specialist Prosecutor's Office

Matthew Halling, James Pace

Defence Counsel

Gucati: Jonathan Elystan Rees (counsel), Huw Bowden and Eleanor Stephenson (co-counsels) 

Haradinaj: Toby Cadman (counsel), Almudena Bernabeu García and John Cubbon (co-counsels)

Appeal judgment deliberation phase (from the parties' last submissions until the pronouncement of the appeal judgement)

30 days

Appeal case length (the period between the filing of the notices of appeal until the pronunciation of the appeal judgment)

7 months and 16 days

02-03/05/2023

Haradinaj and Gucati filed requests for protection of legality under Article 48(6)–(8) of the Law and Rule 193 alleging several criminal law and other violations by the Trial and the Court of Appeals Panels.

09/05/2023

As per Panel's decision, Haradinaj re-filed his request for protection of legality.

18/09/2023

Supreme Court rejected both requests in their entirety, finding no substantial violations of criminal law or procedure and declaring some arguments inadmissible. 

Supreme Court Panel 

Judges Ekaterina Trendafilova (presiding), Christine van den Wyngaert and Daniel Fransen

Specialist Prosecutor's Office

Matthew Halling, James Pace

Defence Counsel

Gucati: Jonathan Elystan Rees (counsel), Huw Bowden and Eleanor Stephenson (co-counsels) 

Haradinaj: Toby Cadman (counsel), Almudena Bernabeu García and John Cubbon (co-counsels)

20/11/2023

Nasim Haradinaj filed a referral pursuant to Article 49(3) of the Law, alleging violations of his fundamental rights in relation to criminal proceedings against him before the KSC.

31/05/2024

Specialist Chamber of the Constitutional Court found no violations of the Kosovo Constitution or the European Convention for the Protection of Human Rights and Fundamental Freedoms; part of the Referral was declared inadmissible.

Constitutional Court Panel 

Judges Vidar Stensland (presiding), Roumen Nenkov and Romina Incutti 

Specialist Prosecutor's Office

Matthew Halling, James Pace

Defence Counsel

Haradinaj: Toby Cadman (counsel), Almudena Bernabeu García and John Cubbon (co-counsels)

12/10/2023

KSC President Ekaterina Trendafilova modified Hysni Gucati’s sentence to allow release on or about 18/10/2023, subject to conditions for the remainder of his term. On the same date, the President indicated she would consider modifying Nasim Haradinaj’s sentence pending a Registrar’s report on his conduct in detention.

17/10/2023

Gucati was released.

12/12/2023

The President modified Haradinaj’s sentence to provide for release on or about 14/12/2023, subject to conditions for the remainder of the four-year-and-three-month sentence.

14/12/2023

Haradinaj was released.

24/12/2024

Both Gucati and Haradinaj completed the service of their sentences.