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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)
PROCEDURAL DEVELOPMENTS
24/09/2020 |
Mustafa arrested and transferred to the KSC Detention Unit. |
28/09/2020 |
Initial appearance before Pre-Trial Judge Nicolas Guillou. |
28/10/2020 |
Further appearance; Mustafa pleaded not guilty to all counts. |
10/02/2021 |
First decision on victims’ applications issued. |
22/02/2021 |
Prosecution filed final pre-trial brief (confidential). |
30/04/2021 |
Second decision on victims’ applications |
06/05/2021 |
Defence filed final pre-trial brief (confidential). |
07/05/2021 |
Case file transmitted to Trial Panel I. |
21/05/2021 |
Third decision on victims’ applications; deadline to apply extended until close of Prosecution’s case. |
9-10/06/2021 |
Trial preparation conferences held; the 9 June afternoon and 10 June sessions were closed and ex parte. |
15/09/2021 |
Trial started with opening statements of Prosecution and Victims’ Counsel. |
04/02/2022 |
Prosecution closed its case. |
23/02/2022 |
Panel denied Defence motion to dismiss charges (Rule 130). |
8–9/03/2022 |
Defence preparation conference took place. |
21/03/2022 |
Victims’ Counsel presented evidence. |
22/03/2022 |
Defence case commenced. |
26/05/2022 |
Defence closed its case. |
01/06/2022 |
Prosecution presented rebuttal evidence (testimony of one witness and additional documentary evidence). |
03/06/2022 |
Panel admitted additional evidence under Rule 132 (two expert reports on the medical assessment of admitted victims). |
20/06/2022 |
Evidentiary proceedings closed. |
21–22/07/2022 |
Defence and Prosecution filed final trial briefs. |
13–15/09/2022 |
Closing statements held. |
16/12/2022 |
Trial judgment pronounced: Mustafa found guilty of war crimes (arbitrary detention, torture, murder); sentenced to 26 years’ imprisonment. |
06/04/2023 |
Reparation order issued: Mustafa to pay €207,000 in compensation to victims. |
17/01/2024 |
Judge Gilbert Bitti assigned to oversee implementation of the Reparation order. |
18/09/2024 |
Judge Bitti ruled that no payment be made to the victim who waived reparation rights; the waived share was redistributed pro rata among the seven remaining victims. |
18/02/2025 |
Judge Bitti re-assigned for a further one-year term. |
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 (counsel), Annebrecht Vossenberg (co-counsel) |
Number of witnesses in court |
28 witnesses – SPO: 13 (1 recalled during rebuttal), Defence: 15 |
Number of written witness testimonies |
2 (SPO) |
Number of participating victims |
8 |
Number of trial days in court |
53 |
Pre-trial period length |
11 months 22 days |
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) |
26 months 22 days |
02/02/2023 |
Mustafa’s Defence filed (confidentially) its notice of appeal against the judgment. Public redacted version filed on 13 Feb 2023. |
16/02/2023 |
Pre-Appeal Conference held. |
02/05/2023 |
Defence's corrected appeal brief filed; public redacted version filed on 15 September 2023. |
26–27/10/2023 |
Appeal hearing held. |
14/12/2023 |
Appeal judgment pronounced. Appeals Panel:
|
10/09/2024 |
Following the Supreme Court’s 29 Jul 2024 decision, the Appeals Panel imposed a new overall sentence of 15 years with credit for time served. |
Court of Appeals Panel composition |
Judges Michèle Picard (presiding), Kai Ambos and Nina Jørgensen |
Specialist Prosecutor's Office |
Cezary Michalczuk, Nico Baarlink |
Defence Counsel |
Julius von Bóné (counsel), Betim Shala (co-counsel) |
Victims' Counsel |
Anni Pues (counsel), Annebrecht Vossenberg (co-counsel) |
Appeal judgment deliberation phase (from the parties' last submissions until the pronouncement of the appeal judgement) |
1 months and 13 days |
Appeal case length (the period between the filing of the notices of appeal untill the pronunciation of the appeal judgment) |
10 month 12 days |
14/03/2024 |
Mustafa filed a request for protection of legality pursuant to Article 48(6)–(8) of the Law and Rule 193 of the Rules challenging the appeal judgment from 14 December 2023. |
29/07/2024 |
Supreme Court Panel partially granted Mustafa's request and annulled the appeal judgment insofar as it related to his 22-year sentence of imprisonment. Case sent back to the Appeals Panel under Rule 194(1)(b) to consider reducing his sentence. |
9-10/12/2024 |
Mustafa and the Specialist Prosecutor's Office filed separate requests for protection of legality pursuant to Article 48(6)–(8) of the Law and Rule 193 of the Rules, both challenging the Court of Appeal's 10 Sep 2024 decision imposing a 15-year sentence. |
25/02/2025 |
Supreme Court Panel dismissed both requests in their entirety, finding that neither Mustafa nor the Prosecution had demonstrated a violation of law or substantial violation of the procedures warranting protection of legality. |
Supreme Court Panel |
Judges Ekaterina Trendafilova (presiding), Christine van den Wyngaert and Daniel Fransen |
Specialist Prosecutor's Office |
Cezary Michalczuk, Nico Baarlink |
Defence Counsel |
Julius von Bóné (counsel) |
Victims' Counsel |
Anni Pues (counsel), Annebrecht Vossenberg (co-counsel) |
27/09/2024 |
Mustafa filed a referral pursuant to Article 49(3) of the Law alleging several violations of his fundamental rights across Trial, Appeal, and Supreme Court proceedings. |
17/04/2025 |
Specialist Chamber of the Constitutional Court found no violation of the Kosovo Constitution or the European Convention for the Protection of Human Rights and Fundamental Freedoms; part of the Referral was declared inadmissible. |
24/04/2025 |
Mustafa filed a referral pursuant to Article 49(3) of the Law, claiming that his 15-year sentence was disproportionate and violated his fundamental rights. |
09/07/2025 |
Specialist Chamber of the Constitutional Court declared the referral inadmissible, finding it did not disclose any appearance of a violation of Mustafa’s constitutional rights. |
Constitutional Court Panel |
Judges Vidar Stensland (presiding), Roumen Nenkov and Romina Incutti (KSC-CC-2024-27)Judges Vidar Stensland (presiding), Roumen Nenkov and Piotr Hofmański (KSC-CC-2025-29) |
Specialist Prosecutor's Office |
Cezary Michalczuk, Nico Baarlink |
Defence Counsel |
Julius von Bóné (counsel) |
Victims' Counsel |
Anni Pues (counsel) - only for KSC-CC-2027 |
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.
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 |
---|---|---|---|
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 hearing - testimony of SPO witness W03593 | Video | Transcript |
21/09/2021 | Trial hearing - testimony of SPO witness W03593 | Video | Transcript |
22/09/2021 | Trial hearing - testimony of SPO witness W03593 | Video | Transcript |
23/09/2021 | Trial hearing - testimony of SPO witnesses W03593 and W04600 | Video | Transcript |
24/09/2021 | Trial hearing - testimony of SPO witness W04600 | Video | Transcript |
27/09/2021 | Trial hearing - testimony of SPO witness W04600 | Video | Transcript |
04/10/2021 | Trial hearing - testimony of SPO witness W01679 | Video | Transcript |
05/10/2021 | Trial hearing - testimony of SPO witness W01679 | Video | Transcript |
12/10/2021 | Trial hearing - testimony of SPO witness W03594 | Video | Transcript |
13/10/2021 | Trial hearing - testimony of SPO witness W03594 | Video | Transcript |
14/10/2021 | Trial hearing - testimony of SPO witness W03594 | Video | Transcript |
02/11/2021 | Trial hearing - testimony of SPO witness W04603 | Video | Transcript |
03/11/2021 | Trial hearing - testimony of SPO witness W04603 | Video | Transcript |
10/11/2021 | Trial hearing - testimony of SPO witness W04669 | Video | Transcript |
11/11/2021 | Trial hearing - testimony of SPO witness W04669 | Video | Transcript |
17/11/2021 | Trial hearing - testimony of SPO witness W04676 | Video | Transcript |
18/11/2021 | Trial hearing - testimony of SPO witness W04676 | Video | Transcript |
22/11/2021 | Trial hearing - testimony of SPO witness W04391 | Video | Transcript |
23/11/2021 | Trial hearing - testimony of SPO witness W04391 | Video | Transcript |
24/11/2021 | Trial hearing - testimony of SPO witness W04390 | Video | Transcript |
13/12/2021 | Trial hearing - testimony of SPO witness W04674 | Video | Transcript |
14/12/2021 | Trial hearing - testimony of SPO witness W04674 | Video | Transcript |
18/01/2022 | Trial hearing - testimony of SPO witness Fatmir Sopi | Video | Transcript |
19/01/2022 | Trial hearing - testimony of SPO witness Fatmir Sopi | Video | Transcript |
25/01/2022 | Trial hearing - testimony of SPO witness Sejdi Veseli | Video | Transcript |
01/02/2022 | Trial hearing - testimony of SPO witness Fatmir Humolli | Video | Transcript |
02/02/2022 | Trial hearing - testimony of SPO witness Fatmir Humolli | 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 hearing - testimony of Defence witness Brahim Mehmetaj | Video | Transcript |
24/03/2022 | Trial hearing - testimony of Defence witness Brahim Mehmetaj | Video | Transcript |
28/03/2022 | Trial hearing - testimony of Defence witness Ahmet Ademi | Video | Transcript |
29/03/2022 | Trial hearing - testimony of Defence witness Jakup Ismaili | Video | Transcript |
30/03/2022 | Trial hearing - testimony of Defence witness Hazir Borovci | Video | Transcript |
31/03/2022 | Trial hearing - testimony of Defence witness Hazir Borovci | Video | Transcript |
04/04/2022 | Trial hearing - testimony of Defence witness Gani Sopi | Video | Transcript |
05/04/2022 | Trial hearing - testimony of Defence witness Bislim Nreci | Video | Transcript |
06/04/2022 | Trial hearing - testimony of Defence witness Nazmi Vrbovci | Video | Transcript |
11/04/2022 | Trial hearing - testimony of Defence witness Kapllan Parduzi | Video | Transcript |
12/04/2022 | Trial hearing - testimony of Defence witness Nuredin Ibishi | Video | Transcript |
13/04/2022 | Trial hearing - testimony of Defence witness Sheqir Rrahimi | Video | Transcript |
20/04/2022 | Trial hearing - testimony of Defence witness Musli Halimi | Video | Transcript |
21/04/2022 | Trial hearing - testimony of Defence witnesses Musli Halimi and Selatin Krasniqi | Video | Transcript |
22/04/2022 | Trial hearing - testimony of Defence witnesses Selatin Krasniqi and Muhamet Ajeti | Video | Transcript |
11/05/2022 | Trial hearing - testimony of Defence witness Teuta Hadri | Video | Transcript |
12/05/2022 | Trial hearing - testimony of Defence witnesses Teuta Hadri and Ibadete Canolli-Kaciu | Video | Transcript |
19/05/2022 | Trial hearing - procedural matters | Video | Transcript |
01/06/2022 | Trial hearing - testimony of an SPO's rebuttal witness | Video | Transcript |
13/09/2022 | Closing statements | Video | Transcript |
14/09/2022 | Closing statements | Video | Transcript |
15/09/2022 | Closing statements | Video | Transcript |
16/12/2022 | Pronouncement of trial judgment | Video | Transcript |
16/02/2023 | Pre-Appeal Conference | Video | Transcript |
06/04/2023 | Pronouncement of the reparation order | Video | Transcript |
26/10/2023 | Appeal Hearing | Video | Transcript |
27/10/2023 | Appeal Hearing | Video | Transcript |
14/12/2023 | Appeal Judgment | Video | Transcript |