Salih Mustafa

Salih Mustafa was Commander of a BIA guerrilla unit, which operated within the Llap Operational Zone of the Kosovo Liberation Army (KLA).

INDICTMENT HISTORY

The indictment against Mustafa was confirmed on 12 June 2020 and the final version was made public on 28 September 2020. 

Summary of charges

The indictment charges Mustafa on the basis of individual criminal responsibility and superior criminal responsibility with crimes committed by certain KLA members against persons detained at the detention compound in the village of Zllash/Zlaš, located in the Gollak/Goljak region in Kosovo. According to the indictment, between approximately 1 April 1999 and around the end of April 1999, Salih Mustafa and certain other KLA soldiers, police, and guards shared a common purpose to interrogate and mistreat detainees at the Zllash detention compound and the common purpose involved the crimes as specified below.

The charges are the following:

Four counts of war crimes

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

LINK TO THE OPERATIVE INDICTMENT

PROCEDURAL DEVELOPMENTS

Pre-trial/Trial/Reparations (Case number: KSC-BC-2020-05 and KSC-BC-2020-05/R)

• Mustafa was arrested and transferred to the Detention Unit of the Kosovo Specialist Chambers on 24 September 2020.

• Mustafa’s initial appearance took place on 28 September 2020 before the Pre-Trial Judge, Nicolas Guillou. At his further appearance on 28 October 2020, Mustafa pleaded not guilty to all counts of the indictment.

• The parties filed (confidentially) the latest versions of their pre-trial briefs on 22 February 2021 (Specialist Prosecutor's Office) and on 6 May 2021 (Defence).

• On 30 April 2021, the Pre-Trial Judge issued the first decision on victims applications.

• On 7 May 2021, the Pre-Trial Judge transmitted the case file to Trial Panel I.

• On 21 May 2021, the Trial Panel issued the second decision on victims applications. The Panel also extended the deadline for the victims to apply until the closing of the Specialist Prosecutor’s case. There were 8 participating victims in the case as part of a single group (Group 1).

• The trial preparation conferences in this case were held on 9 and 10 June 2021. 

• The trial commenced on 15 September 2021 with the opening statements of the Specialist Prosecutor and the Victims’ Counsel. On 4 February 2022, the SPO closed its case.

• On 23 February 2022, the Panel denied the Defence motion to dismiss the charges against the accused pursuant to Rule 130 of the KSC Rules of Procedure and Evidence. The Defence preparation conference and the Victims’ status conference took place on 8 and 9 March 2022.

• The Defence case commenced on 22 March 2022, preceded by the presentation of evidence by Victim’s Counsel on 21 March. On 26 May 2022, the Defence of Salih Mustafa notified about the official closure of its case. 

• On 1 June 2022, SPO presented its evidence in rebuttal by calling one witness and tendering additional documentary evidence.

• On 3 June 2022, the Panel called additional evidence in accordance with Rule 132 of the Rules, namely two expert reports related to the medical assessment of some of the admitted victims in this case.

• The evidentiary proceedings in this case were closed on 20 June 2022. On 21 and 22 July 2022 respectively, the Mustafa Defence and the Prosecution filed their final trial briefs. The closing statements took place from 13 until 15 September 2022. 

• The trial judgment was pronounced on 16 December 2022: The Trial Panel found the accused guilty of the war crimes of arbitrary detention, torture and murder and sentenced him to a prison sentence of 26 years.

• The reparation order in respect of victims was pronounced on 6 April 2023: The Trial Panel ordered Mustafa to pay an overall sum of €207,000 as compensation for the harm inflicted on the victims of the crimes for which he is convicted.

• On 17 January 2024, KSC President Trendafilova assigned Judge Gilbert Bitti as Single Judge to oversee the implementation by the Registrar of the reparation order. 

LINK TO THE TRIAL JUDGMENT 

LINK TO THE REPARATION ORDER 

Appeal proceedings (Case number: KSC-CA-2023-02)

• On 9 January 2023, a Court of the Appeals Panel granted in part a motion by Mustafa Defence for an extension of the time limit and authorised both parties to file their notices of appeal, if any, by 3 February 2023.

• On 2 February 2023, Mustafa's Defence filed (confidentially) its notice of appeal against the judgment. Accordingly, the President assigned the Court of Appeals Panel, composed of Judges Michèle Picard, Kai Ambos and Nina Jørgensen to decide on the appeals. On 13 February 2023, the Defence filed a public redacted version of its notice of appeal.

• The Pre-Appeal Conference took place on 16 February 2023.

• On 3 April 2023, the Court of the Appeals Panel granted in part a request by Mustafa Defence for an extension of the time limit and authorised it to file its appeal brief by 24 April 2023. The latest redacted version of the corrected Defence’s appeal brief was filed on 15 September 2023.

• The appeal hearing took place on 26 and 27 October 2023.

• The appeal judgment was pronounced on 14 December 2023. The Appeals Panel affirmed Mustafa’s convictions for the war crimes of arbitrary detention (count 1), torture (count 3), and murder (count 4). The Panel dismissed eight grounds raised by Mustafa, while granting in part his challenge to the Trial Panel’s imposition of a sentence of 26 years of imprisonment. Having found that, in cases before both international tribunals and Kosovo courts concerning war crimes comparable to those for which Mustafa was sentenced, shorter sentences were imposed than those imposed by the Trial Panel in this case, the Appeals Panel reduced his overall single sentence from 26 years to 22 years of imprisonment, with credit for time served. The Panel also noted that the Reparation Order, issued on 6 April 2023, is not affected by the appeal judgment as Mustafa did not appeal it. 

• Following the Supreme Court decision on 29 July 2024, the case was sent back to the Appeals Panel under Rule 194(1)(b) to consider reducing his sentence. On 10 September 2024, the same Court of Appeals Panel imposed a new overall sentence of 15 years with credit for time served. 

LINK TO THE APPEAL JUDGMENT

LINK TO NEW DETERMINATION OF SENTENCE

*the period between the filing of the notices of appeal untill the pronunciation of the appeal judgment

Request for protection of legality before Supreme Court (Case number KSC-SC-2024-02)

• On 15 January 2024, the Mustafa Defence requested an extension of time to file a request for protection of legality. On 17 January 2024, President Trendafilova assigned a Supreme Court Panel to decide on this and any other request related to this matter. On 25 January, the Supreme Court Panel dismissed the Defence request for extension of time. 

• On 14 March 2024, Mustafa filed his request for protection of legality pursuant to Article 48(6) to (8) of the Law and Rule 193 of the Rules.

• The Supreme Court Panel partially granted Mustafa's request on 29 July 2024 and annulled the appeal judgment insofar as it relates to his 22-year sentence of imprisonment. The case was sent back to the Appeals Panel under Rule 194(1)(b) to consider reducing his sentence, in accordance with the reasoning given in the Supreme Court Panel's decision.

List of all hearings

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