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According to the indictment, Sabit Januzi is a Kosovar national born in Bërvenik/Brvenik, Kosovo. |
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According to the indictment, Ismet Bahtijari is a Kosovar national born in Fushticë e Poshtme/ Donja Fuštica, Kosovo. |
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According to the indictment, Haxhi Shala is a Kosovar national born in Banje, Malisheve, Kosovo. |
INDICTMENT HISTORY
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02/10/2023 |
Indictment against Sabit Januzi and Ismet Bahtijari (case number KSC-BC-2023-10) confirmed; made public on 06/10/2023. |
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04/12/2023 |
Indictment against Haxhi Shala (case number KSC-BC-2023-11) confirmed; made public on 12/12/2023. |
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12/01/2024 |
SPO filed proposed joint indictment following request for joinder of the two cases; Pre-Trial Judge ordered resubmission on 08/02/2024. |
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16/02/2024 |
SPO submitted amended indictment against Januzi and Bahtijari only to correct spelling and improve clarity and precision. |
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27/02/2024 |
Joinder indictment re-submitted by SPO; made public on 03/07/2024. |
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17/05/2024 |
Pre-Trial Judge granted SPO’s request to amend indictment and include new factual allegations (Januzi and Bahtijari only). |
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10/07/2024 |
Following the Pre-Trial Judge’s confirmation of the amendments, the SPO filed the amended joint indictment. |
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06/12/2024 |
Following plea agreements, SPO filed revised indictment incorporating terms of the plea agreements. |
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17/12/2024 |
SPO filed further revised indictment. |
SUMMARY OF CHARGES
According to the confirmed indictment, "Witness 1" is a person who has or is likely to provide information to the Special Investigative Task Force, SPO, and/or to any KSC Panel about any crimes or offences falling under KSC jurisdiction. The indictment states that between at least 5 April 2023 and 12 April 2023, Shala, Januzi and Bahtijari, in co-perpetration with other individuals, coordinated as a group before and after in-person approaches made to Witness 1 by Januzi and Bahtijari.
The indictment further states that, at Shala's direction, Januzi and Bahtijari individually met with Witness 1 on two separate occasions in order to induce him to withdraw evidence or refrain from providing evidence in official proceedings before the Kosovo Specialist Chambers, including by use of serious threat and the promise of a gift or any other form of benefit.
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)
One COUNT OF CRIMINAL OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE AND PUBLIC ADMINISTRATION
- Intimidation during criminal proceedings (Count 3)
*Count 1 was later removed as per the plea agreement, see below.
PROCEDURAL DEVELOPMENTS
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05–06/10/2023 |
Januzi and Bahtijari arrested and transferred to KSC Detention Unit. |
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09/10/2023 |
Initial appearance of Januzi and Bahtijari; both pleaded not guilty to all charges. |
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11–12/12/2023 |
Haxhi Shala arrested and transferred to KSC Detention Unit. |
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13/12/2023 |
Initial appearance of H. Shala before Pre-Trial Judge; no plea entered. |
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13/12/2023 |
SPO filed request to join cases KSC-BC-2023-10 (Januzi & Bahtijari) and KSC-BC-2023-11 (H. Shala). |
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15/12/2023 |
Further appearance of Shala; pleaded not guilty to all charges. |
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08/02/2024 |
Pre-Trial Judge granted SPO request for joinder; case renamed Prosecutor v. Januzi, Bahtijari & Shala under case number KSC-BC-2023-10. |
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16/02/2024 |
SPO filed confidential pre-trial brief in joint case; public redacted version filed on 17/01/2025. |
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19/06/2024 |
Bahtijari Defence filed pre-trial brief (confidential); updated versions filed on 19/08/2024 and 02/09/2024. |
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02/09/2024 |
Januzi and Shala Defence filed pre-trial briefs (confidential); public redacted versions filed on 02/10/2024 (Shala) and 19/01/2025 (Januzi). |
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12/07/2024 |
Further appearance of Januzi and Bahtijari; both pleaded not guilty to new charge in amended joint indictment. |
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04/09/2024 |
Case file transmitted to Trial Panel I. |
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07–08/10/2024 |
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24/10/2024 |
Panel decided trial would open on 14/11/2024. |
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12/11/2024 |
Following the notfications by both parties, Panel postponed trial commencement to allow finalization of plea agreements. |
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06/12/2024 |
Parties filed plea agreements but Panel found the one for Bahtijari non-compliant with Rule 84 and ordered its resubmission; resubmitted on 16/12/2024 |
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18–19/12/2024 |
Plea agreements hearings held; Panel confirmed plea agreements; all three accused pleaded guilty to obstructing official persons (count 2) and intimidation in criminal proceedings (count 3). |
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20/01/2025 |
KSC Victims’ Participation Office submitted report on victim applications (as ordered during plea hearings). |
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31/01/2025 |
Panel admitted one individual as a participating victim. |
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04/02/2025 |
Trial Panel approved plea agreements and imposed sentences: Shala – 3 years; Januzi and Bahtijari – 2 years each. Total reparations of €500 awarded to the victim (Shala €400; Januzi €100; Bahtijari exempted). |
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19/02/2025 |
KSC Registrar informed that the total amount of €500 in reparations had been transferred to the victim in this case |
Trial Panel composition |
Judges Mappie Veldt-Foglia (presiding), Roland Dekkers, Gilbert Bitti and Vladimir Mikula (reserve judge) |
Specialist Prosecutor's Office |
Tazneen Shahabuddin, John Devaney |
Defence Counsel |
Januzi: Jonathan Elystan Rees (counsel), Huw Bowden (co-counsel)Bahtijari: Felicity Gerry (counsel), Marion Carrin (co-counsels)H.Shala: Toby Cadman (counsel), John Cubbon (co-counsel) |
Detention review decisions (total) |
Januzi: 7Bahtijari: 8H.Shala: 6 |
Total time before Basic Court (from transfer to the KSC until the sentence) |
15 months and 29 days (Januzi & Bahtijari)13 months and 23 days (H. Shala) |
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12/07/2024 |
Haxhi Shala filed a request for protection of legality pursuant to Article 48(6)-(8) of the Law and Rule 193 of the Rules in relation to his detention. |
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09/09/2024 |
The Supreme Court Panel denied the request, concluding that there was no substantial violation of procedure by the Pre-Trial Judge, who initially ordered the accused’s continued detention, or by the Appeals Panel that upheld the decision. |
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16/10/2024 |
Supreme Court Panel rejected H. Shala's request for reconsideration of its earlier decision. |
Supreme Court Panel |
Judges Ekaterina Trendafilova (presiding), Christine van den Wyngaert and Daniel Fransen |
Specialist Prosecutor's Office |
Tazneen Shahabuddin, John Devaney |
Defence Counsel |
Januzi: Jonathan Elystan Rees (counsel), Huw Bowden (co-counsel)Bahtijari: Felicity Gerry (counsel)H.Shala: Toby Cadman (counsel), John Cubbon (co-counsel) |
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03/04/2024 |
All three accused filed a referral pursuant to Article 49(3) of the Law, challenging the constitutional validity of the Legal Aid Regulations of the Specialist Chambers. |
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24/04/2024 |
Specialist Chamber of the Constitutional Court declared the referral inadmissible, finding that nothing in the referral gave rise to the appearance of a violation of the applicants’ constitutional rights. |
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11/11/2024 |
Haxhi Shala filed a referral pursuant to Article 49(3) of the Law, alleging violations of his fundamental rights in relation to his detention. |
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06/03/2025 |
Specialist Chamber of the Constitutional Court found no violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as alleged by the applicant. |
Constitutional Court Panel |
Judges Vidar Stensland (presiding), Roumen Nenkov and Romina Incutti |
Specialist Prosecutor's Office |
Tazneen Shahabuddin, John Devaney |
Defence Counsel |
Januzi: Jonathan Elystan Rees (counsel), Huw Bowden (co-counsel) |
Bahtijari: Felicity Gerry (counsel), Marion Carrin (co-counsels) |
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H.Shala: Toby Cadman (counsel), John Cubbon (co-counsel) |
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19/02/2025 |
KSC President Ekaterina Trendafilova modified Januzi's and Bahtijari’s sentences to allow release on 21 February 2024, subject to conditions for the remainder of their term. |
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04/10/2025 |
Januzi and Bahtijari completed the service of their sentences. |
List of all hearings
Below you can find the list of all hearings in the Januzi & Bahtijari & H.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 |
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| 09/10/2023 | Initial appearance (Bahtijari) | Video | Transcript |
| 09/10/2023 | Initial appearance (Januzi) | Video | Transcript |
| 12/10/2023 | Status Conference (Januzi&Bahtijari) | Video | Transcript |
| 03/11/2023 | Status Conference (Januzi&Bahtijari) | Video | Transcript |
| 13/12/2023 | Initial appearance (Haxhi Shala) | Video | Transcript |
| 14/12/2023 | Status Conference (Januzi&Bahtijari) | Video | Transcript |
| 15/12/2023 | Status Conference/Further appearance (Haxhi Shala) | Video | Transcript |
| 13/02/2024 | Status Conference | Video | Transcript |
| 22/03/2024 | Status Conference | Video | Transcript |
| 12/07/2024 | Further appearance (Januzi, Bahtijari) | Video | Transcript |
| 07/10/2024 | Trial Preparation Conference | Video | Transcript |
| 08/10/2024 | Trial Preparation Conference | Video | Transcript |
| 18/12/2024 | Plea agreement hearing (H. Shala and Januzi) | Video | Transcript |
| 19/12/2024 | Plea agreement hearing (Bahtijari) | Video | Transcript |
| 04/02/2025 | Decision on plea agreements | Video | Transcript |