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

Summary of charges

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

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 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 granted the applications of five victims and admitted them as victims participating in the proceedings as Group I.

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

  • On 21 May 2021, the Trial Panel granted the application of four more victims and admitted them as victims participating in the proceedings as part of Group I. The Panel also extended the deadline for the victims to apply until the closing of the Specialist Prosecutor’s case.

  • 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.