Pjetër Shala, accused in the Pjetër Shala case at the Kosovo Specialist Chambers in The Hague

According to the indictment, Pjetër Shala was a member of the Kosovo Liberation Army (KLA) stationed in Kukёs, Albania.

INDICTMENT HISTORY

The initial indictment against Shala was confirmed on 12 June 2020 and the redacted version made public on 15 April 2021. On 18 October 2021, the Pre-Trial Judge granted in part the Defence motion and ordered the SPO to amend the indictment to provide the required level of specificity and clarity in relation to the accused's personal participation in the incidents. The SPO submitted the corrected indictment on 1 November 2021, whose public redacted version was filed on 16 November 2021


SUMMARY OF CHARGES

The alleged crimes with which Shala is charged took place between approximately 17 May 1999 and 5 June 1999 against persons detained at the Kukёs Metal Factory (Albania) allegedly used by the KLA. According to the indictment, the victims of these crimes were all FRY citizens, who did not actively take part in hostilities.

The charges are the following:

Four counts of war crimes

  • Arbitrary detention (Count 1)
  • Cruel treatment (Count 2)
  • Torture (Count 3)
  • Murder (Count 4)

 


PROCEDURAL DEVELOPMENTS

Pre-trial/Trial/Reparations (Case number: KSC-BC-2020-04)

16/03/2021

Shala arrested in Belgium.

15/04/2021

Transferred to the Detention Unit of the Kosovo Specialist Chambers.

19/04/2021

Initial appearance before the Pre-Trial Judge, Nicolas Guillou; pleaded not guilty to all counts.

15/12/2021

First decision on victims’ applications issued: one victim admitted to participate in the proceedings.

11/08/2022

Second decision on victims’ participation; one additional victim admitted.

19/09/2022

Third decision on victims’ participation: six further victims admitted.

24/02/2023

Panel's decision varying deadline: victim applications permitted until closing of the SPO case.

14/04/2023

SPO pre-trial brief – public redacted version filed.

21/04/2023

Defence pre-trial brief – public redacted version filed.

21/09/2022

Case file transmitted to Trial Panel I.

18–20/10/2022

Trial preparation conference held; the 20 October session was closed and ex parte.

21-22/02/2023

Trial started with opening statements of Prosecution, Victims’ Counsel and Defence.

06/07/2023

Prosecution closed its case.

21/08/2023

Victims’ Counsel presented evidence.

24–25/08/2023

Defence preparation conference held.

15/09/2023

Panel denied Defence motion to dismiss the murder charge (count 4) pursuant to Rule 130.

20/09/2023

Defence case commenced.

15/01/2024

Defence closed its case.

24/01/2024

Panel admitted additional evidence under Rule 132 (documents concerning the accused’s criminal record, relevant to sentence determination in case of conviction).

09/02/2024

Evidentiary proceedings closed.

25-26/03/2024

Prosecution and Defence filed their final trial briefs. 

15–17/04/2024

Closing statements held.

16/07/2024

Trial judgment pronounced: Shala found guilty of the war crimes of arbitrary detention, torture and murder; sentenced to 18 years’ imprisonment.

29/11/2024

Reparation order issued: Shala ordered to pay €208,000 in compensation to victims.

Trial information/statistics
Trial Panel composition
Judges Mappie Veldt-Foglia (presiding), Roland Dekkers, Gilbert Bitti and Vladimir Mikula (reserve judge)
Specialist Prosecutor's Office
Filippo De Minicis, Gaia Pergolo, Eva Wyler
Defence Counsel
Jean-Louis Gilissen (counsel), Mohamed Hédi Aouini, Leto Cariolou (co-counsels)
Victims' Counsel
Simon Laws (counsel), Maria Radziejowska (co-counsel)
Number of participating victims
8
Number of trial days in court
44
Number of witnesses in court
10 (SPO), 2 (Victims' counsel), 10 (Defence)
Number of written testimonies/reports
7 (SPO), 4 (Defence)
Pre-trial period length
22 months 6 days
Detention review decisions (total)
17
Trial judgment deliberation phase length (between the end of trial until the pronouncement of trial judgment)
3 months
Total time before Basic Court (from transfer to the KSC until the trial judgment)
39 months

Appeal Proceedings (Case number: KSC-CA-2024-03)

02/09/2024

Shala’s Defence filed (confidentially) its notice of appeal against the trial judgment. Public redacted version filed on 11/10/2024.

20/09/2024

Pre-Appeal Conference held.

30/10/2024

Corrected revised notice of appeal filed; public redacted version filed on 31/10/2024.

26/11/2024

Defence’s corrected appeal brief filed; public redacted version filed on 13/01/2025.

15–16/05/2025

Appeal hearing on trial judgment held.

14/07/2025

Appeal judgment pronounced. Appeals Panel:

  • Affirmed Shala’s convictions for war crimes of arbitrary detention (count 1), torture (count 3), and murder (count 4);

  • Granted in part three of fourteen grounds raised by Shala; reduced the sentence from 18 to 13 years’ imprisonment, with credit for time served.

 

— Separate Appeal Concerning Reparation Order —

28/01/2025

Defence filed notice of appeal against the Reparation Order of 29/11/2024.

19/03/2025

Defence filed corrected appeal brief against the Reparation Order; public redacted version filed on 26/03/2025.

Appeal case information/statistics
Court of Appeals Panel composition
Judges Michèle Picard (Presiding), Kai Ambos and Nina Jørgensen
Specialist Prosecutor's Office
Filippo De Minicis, Sarah Clanton
Defence Counsel
Jean-Louis Gilissen (counsel), Mohamed Hédi Aouini, Leto Cariolou (co-counsels)
Victims' Counsel
Simon Laws (counsel), Maria Radziejowska (co-counsel)
Appeal judgment deliberation phase (from the parties' last submissions until the pronouncement of the appeal judgement)
1 month and 21 days
Appeal case length (the period between the filing of the notices of appeal untill the pronunciation of the appeal judgment)
10 months and 13 days

 

1st Referral to Constitutional Court (Case number KSC-CC-2022-16)

14/04/2022

Shala 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. 

06/07/2022

Specialist Chamber of the Constitutional Court declared the referral inadmissible, finding it did not disclose any appearance of a violation of Shala's fundamental rights.

2nd Referral to Constitutional Court (Case number KSC-CC-2022-18)

19/07/2022

Shala filed a referral pursuant to Article 49(3) of the Law, alleging violations of his fundamental rights in relation to decisions of the KSC Single Judge. 

22/08/2022

Specialist Chamber of the Constitutional Court found the referral premature and therefore rejected it as inadmissible. 

3rd Referral to Constitutional Court (Case number KSC-CC-2023-21)

10/07/2023

Shala filed a referral pursuant to Article 49(3) of the Law, alleging violations of his fundamental rights in relation to decisions of the KSC Trial Panel.

29/08/2023

Specialist Chamber of the Constitutional Court found the referral premature and therefore rejected it as inadmissible. 

Constitutional Court cases - composition
Constitutional Court Panel 
Judges Vidar Stensland (presiding), Roumen Nenkov and Romina Incutti
Specialist Prosecutor's Office
Filippo De Minicis, Sarah Clanton
Defence Counsel
Jean-Louis Gilissen (counsel), Mohamed Hédi Aouini, Leto Cariolou (co-counsels)

List of all hearings

Below you can find the list of all hearings in the Shala case. Please note that videos and transcripts will be added to the list as they become available. 

The audio visual recordings accessible are classified as PUBLIC and do not include portions of the hearings that are CONFIDENTIAL and/ or may contain portions of hearings that are re-classified to PUBLIC.

List of all public hearings in the Shala case
Date Type of hearing Video recording Transcript
19/04/2021 Initial appearance Video Transcript
23/04/2021 Status Conference Video Transcript
21/06/2021 Status Conference Video Transcript
23/09/2021 Status Conference Video Transcript
15/11/2021 Status Conference Video Transcript
14/01/2022 Status Conference Video Transcript
04/03/2022 Status Conference Video Transcript
14/04/2022 Status Conference Video Transcript
18/10/2022 Trial Preparation Conference Video Transcript
19/10/2022 Trial Preparation Conference Video Transcript
21/02/2023 Opening statements Video Transcript
22/02/2023 Opening statements Video Transcript
27/03/2023 Trial hearing - testimony of SPO witness TW4-08 Video Transcript
28/03/2023 Trial hearing - testimony of SPO witnesses TW4-08 and TW4-06 Video Transcript
29/03/2023 Trial hearing - testimony of SPO witnesses TW4-06 and TW4-07 Video Transcript
30/03/2023 Trial hearing - testimony of SPO witnesses TW4-07 and TW4-09 Video Transcript
01/05/2023 Trial hearing - testimony of SPO witness TW4-10 Video Transcript
02/05/2023 Trial hearing - testimony of SPO witnesses TW4-10 and TW4-11 Video Transcript
03/05/2023 Trial hearing - testimony of SPO witness TW4-11 Video Transcript
04/05/2023 Trial hearing - procedural matters Video Transcript
30/05/2023 Trial hearing - testimony of SPO witness TW4-01 Video Transcript
31/05/2023 Trial hearing - testimony of SPO witness TW4-01 Video Transcript
02/06/2023 Trial hearing - testimony of SPO witness TW4-01 Video Transcript
05/06/2023 Trial hearing - testimony of SPO witness TW4-01 Video Transcript
06/06/2023 Trial hearing - testimony of SPO witness TW4-01 Video Transcript
16/06/2023 Trial hearing - testimony of SPO witness Zbyněk Dolejši Video Transcript
26/06/2023 Trial hearing - testimony of SPO witness Marek Gasior Video Transcript
27/06/2023 Trial hearing - testimony of SPO witness Marek Gasior Video Transcript
03/07/2023 Trial hearing - testimony of SPO witness Marek Gasior Video Transcript
04/07/2023 Trial hearing - testimony of SPO witness William Goodwin Video Transcript
21/08/2023 Trial hearing - testimony of witnesses called by the Victims' counsel Karin Duhne-Prinsen and Chayèn Lozano Parra Video Transcript
24/08/2023 Defence Preparation Conference Video Transcript
25/08/2023 Defence Preparation Conference Video Transcript
20/09/2023 Trial hearing - testimony of Defence witness Bardhyl Mahmuti Video Transcript
21/09/2023 Trial hearing - testimony of Defence witness Bardhyl Mahmuti Video Transcript
02/10/2023 Trial hearing - testimony of Defence witness Bedri Dervishaj Video Transcript
03/10/2023 Trial hearing - testimony of Defence witness Naser Koçinaj Video Transcript
23/10/2023 Trial hearing - testimony of Defence witness Mark Shala Video Transcript
24/10/2023 Trial hearing - testimony of Defence witness Mark Shala Video Transcript
25/10/2023 Trial hearing - testimony of Defence witness Mark Shala Video Transcript
20/11/2023 Trial hearing - testimony of Defence witness Zijadin Hoxha Video Transcript
21/11/2023 Trial hearing - testimony of Defence witness Zijadin Hoxha Video Transcript
22/11/2023 Trial hearing - testimony of Defence witnesses Zijadin Hoxha and Safete Hadergjonaj Video Transcript
23/11/2023 Trial hearing - testimony of Defence witnesses Safete Hadergjonaj and Time Kadrijaj Video Transcript
24/11/2023 Trial hearing - testimony of Defence witnesse Time Kadrijaj Video Transcript
27/11/2023 Trial hearing - testimony of Defence witness Andre de Villiers Horne Video Transcript
28/11/2023 Trial hearing - testimony of Defence witness W04280 Video Transcript
29/11/2023 Trial hearing - testimony of Defence witness W04280 Video Transcript
09/01/2024 Trial hearing - testimony of Defence witness Safet Gashi Video Transcript
10/01/2024 Trial hearing - testimony of Defence witness Safet Gashi Video Transcript
15/04/2024 Closing statements Video Transcript
16/04/2024 Closing statements Video Transcript
17/04/2024 Closing statements Video Transcript
16/07/2024 Pronouncement of trial judgment Video Transcript
20/09/2024 Pre-Appeal Conference Video Transcript
29/11/2024 Reparations Order Video Transcript
15/05/2025 Appeal Hearing Video Transcript
16/05/2025 Appeal Hearing Video Transcript
14/07/2025 Appeal Judgment Video Transcript