Salih Mustafa was Commander of a BIA guerrilla unit, which operated within the Llap Operational Zone of the Kosovo Liberation Army (KLA).
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)
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.
|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)|
|Trial stage||End of the evidentiary phase (pending trial judgment)|
|Number of witnesses in court||29 (14 SPO; 15 Defence)|
|Number of participating victims||8|
|Number of trial days in court||52|
|Pre-trial period length||11 months 22 days|
*As of 24/11/2022
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.
|Date||Type of hearing||Video recording||Transcript|
|28/10/2020||Further appearance/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|