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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
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16/03/2021 |
Shala arrested in Belgium. |
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15/04/2021 |
Transferred to the Detention Unit of the Kosovo Specialist Chambers. |
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19/04/2021 |
Initial appearance before the Pre-Trial Judge, Nicolas Guillou; pleaded not guilty to all counts. |
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15/12/2021 |
First decision on victims’ applications issued: one victim admitted to participate in the proceedings. |
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11/08/2022 |
Second decision on victims’ participation; one additional victim admitted. |
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19/09/2022 |
Third decision on victims’ participation: six further victims admitted. |
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24/02/2023 |
Panel's decision varying deadline: victim applications permitted until closing of the SPO case. |
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14/04/2023 |
SPO pre-trial brief – public redacted version filed. |
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21/04/2023 |
Defence pre-trial brief – public redacted version filed. |
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21/09/2022 |
Case file transmitted to Trial Panel I. |
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18–20/10/2022 |
Trial preparation conference held; the 20 October session was closed and ex parte. |
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21-22/02/2023 |
Trial started with opening statements of Prosecution, Victims’ Counsel and Defence. |
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06/07/2023 |
Prosecution closed its case. |
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21/08/2023 |
Victims’ Counsel presented evidence. |
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24–25/08/2023 |
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15/09/2023 |
Panel denied Defence motion to dismiss the murder charge (count 4) pursuant to Rule 130. |
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20/09/2023 |
Defence case commenced. |
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15/01/2024 |
Defence closed its case. |
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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). |
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09/02/2024 |
Evidentiary proceedings closed. |
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25-26/03/2024 |
Prosecution and Defence filed their final trial briefs. |
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15–17/04/2024 |
Closing statements held. |
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16/07/2024 |
Trial judgment pronounced: Shala found guilty of the war crimes of arbitrary detention, torture and murder; sentenced to 18 years’ imprisonment. |
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29/11/2024 |
Reparation order issued: Shala ordered to pay €208,000 in compensation to victims. |
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 |
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02/09/2024 |
Shala’s Defence filed (confidentially) its notice of appeal against the trial judgment. Public redacted version filed on 11/10/2024. |
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20/09/2024 |
Pre-Appeal Conference held. |
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30/10/2024 |
Corrected revised notice of appeal filed; public redacted version filed on 31/10/2024. |
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26/11/2024 |
Defence’s corrected appeal brief filed; public redacted version filed on 13/01/2025. |
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15–16/05/2025 |
Appeal hearing on trial judgment held. |
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14/07/2025 |
Appeal judgment pronounced. Appeals Panel:
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— Separate Appeal Concerning Reparation Order — |
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28/01/2025 |
Defence filed notice of appeal against the Reparation Order of 29/11/2024. |
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19/03/2025 |
Defence filed corrected appeal brief against the Reparation Order; public redacted version filed on 26/03/2025. |
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 |
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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. |
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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. |
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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. |
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22/08/2022 |
Specialist Chamber of the Constitutional Court found the referral premature and therefore rejected it as inadmissible. |
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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. |
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29/08/2023 |
Specialist Chamber of the Constitutional Court found the referral premature and therefore rejected it as inadmissible. |
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.
| 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 |