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, 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

  • 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 are currently 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. The final trial briefs are to be submitted by 21 July and the closing statements are scheduled to take place from 13 until 15 September 2022  (with 16 September as a reserve day).


Current trial information/statistics*
Trial Panel composition Judges Mappie Veldt-Foglia (Presiding), Roland Dekkers, Gilbert Bitti, Vladimir Mikula (Reserve judge)
Specialist Prosecutor's Office Cezary Michalczuk, Silvia D’Ascoli, Filippo De Minicis
Defence Counsel Julius von Bóné (Counsel), Betim Shala (Co-Counsel)
Victims' Counsel Anni Pues
Trial stage End of the evidentiary phase
Number of witnesses in court 14 (SPO); 15 (Defence)
Number of trial days 49
Pre-trial period length 11 months 22 days

*As of 29/06/2022


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. It will sometimes take days before a video or a transcript is available for certain hearings.

List of all public hearings in the Mustafa case
Date Type of hearing Video recording Transcript
28/09/2020 Initial appearance Video Transcript
05/10/2020 Status Conference Video Transcript
28/10/2020 Further appearance/Status Conference Video Transcript
14/12/2020 Status Conference Video Transcript
01/02/2021 Status Conference Video Transcript
05/03/2021 Status Conference Video Transcript
09/06/2021 Trial preparation conference Video Transcript
15/09/2021 Opening statements (SPO and Victims' Counsel) Video Transcript
20/09/2021 Trial Video Transcript
21/09/2021 Trial Video Transcript
22/09/2021 Trial Video Transcript
23/09/2021 Trial Video Transcript
24/09/2021 Trial Video Transcript
27/09/2021 Trial Video Transcript
04/10/2021 Trial Video Transcript
05/10/2021 Trial Video Transcript
12/10/2021 Trial Video Transcript
13/10/2021 Trial Video Transcript
14/10/2021 Trial Video Transcript
02/11/2021 Trial Video Transcript
03/11/2021 Trial Video Transcript
10/11/2021 Trial Video Transcript
11/11/2021 Trial Video Transcript
17/11/2021 Trial Video Transcript
18/11/2021 Trial Video Transcript
22/11/2021 Trial Video Transcript
23/11/2021 Trial Video Transcript
24/11/2021 Trial Video Transcript
13/12/2021 Trial Video Transcript
14/12/2021 Trial Video Transcript
18/01/2022 Trial Video Transcript
19/01/2022 Trial Video Transcript
25/01/2022 Trial Video Transcript
01/02/2022 Trial Video Transcript
02/02/2022 Trial Video Transcript
08/03/2022 Defence preparation conference/Victims' status conference Video Transcript
09/03/2022 Defence preparation conference/Victims' status conference Video Transcript
21/03/2022 Presentation of evidence by Victim’s Counsel Video Transcript
22/03/2022 Defence opening statement Video Transcript
23/03/2022 Trial Video Transcript
24/03/2022 Trial Video Transcript
28/03/2022 Trial Video Transcript
29/03/2022 Trial Video Transcript
30/03/2022 Trial Video Transcript
31/03/2022 Trial Video Transcript
04/04/2022 Trial Video Transcript
05/04/2022 Trial Video Transcript
06/04/2022 Trial Video Transcript
11/04/2022 Trial Video Transcript
12/04/2022 Trial Video Transcript
13/04/2022 Trial Video Transcript
20/04/2022 Trial Video Transcript
21/04/2022 Trial Video Transcript
22/04/2022 Trial Video Transcript
11/05/2022 Trial Video Transcript