Summer court recess until 13 August
As announced in our Calendar, the summer court recess at the KSC begins on Monday, 26 July and ends on 13 August. During this period, no hearings are held and some non-essential services are reduced to a minimum. However, the court remains fully functional during this period and work continues across all sections of the KSC. Filings are possible during the recess.
Thaci et. al: Pre-Trial Judge’s decisions on motions challenging the KSC jurisdiction/form of the indictment
On 22 July, the Pre-Trial Judge in the Thaci et al. case rendered his decision in relation to the preliminary motions, filed by all four accused, challenging the jurisdiction of the Specialist Chambers. Judge Guillou granted Veseli’s motion, in part, and ordered the SPO to file an amended indictment excluding the extended form of joint criminal enterprise liability (known as “JCE III”) for the special intent crimes. The Defence motions were rejected in all other respects.
Judge Guillou also rendered a decision on the Defence motions challenging the form of the indictment. The Pre-Trial Judge granted, in part, Thaci’s, Selimi’s and Krasniqi’s motions and ordered the SPO to file a corrected version of the confirmed indictment, as instructed in the decision, by 3 September. The remainder of their motions were rejected and Veseli’s motion was rejected in its entirety.
Both decisions are available in our Public Court Records.
Gucati & Haradinaj: Trial preparation conference on 1 and 2 September
The Trial Panel in the Gucati & Haradinaj case today decided to convene a trial preparation conference on 1 and 2 September 2021 at 10:00 in the presence of the SPO and the Defence. The Panel also provisionally set the dates for the Specialist Prosecutor’s preparation conference for 8 and 9 September 2021. More details in the decision.
Status Conference in the Thaci et al. case this afternoon to be broadcast with delay
The streaming of the Status Conference in the case against Thaci, Veseli, Selimi and Krasniqi, scheduled for 14:30 this afternoon, will be broadcast with a delay of 45 minutes. Click here to watch the live stream in English.
Thaci et al: Court of Appeals Panel decided on appeal of denied victim applicants
The Court of Appeals today rejected 4 out of the 5 grounds of appeal filed on 7 June 2021 by the Victims' Counsel for six individuals, whose applications to participate as victims in the proceedings against Thaci et al. were denied. The Panel deferred its decision on the 5th ground of appeal and remanded this back to the Pre-Trial Judge for further consideration. Here is the full decision.
President constitutes Trial Panel II in the Gucati & Haradinaj case
Following the notification of the pre-trial Judge on 14 July that the case file will be ready for transmission to a Trial Panel on 16 July, President Trendafilova today assigned Judges Charles Smith III, Christoph Barthe, Guénaël Mettraux and Judge Fergal Gaynor (reserve judge) to the case against Gucati & Haradinaj as Trial Panel II. The assignment decision is here.
Status Conference in Gucati&Haradinaj case this afternoon to be broadcast with delay
The streaming of the Status Conference in the case against Hysni Gucati and Nasim Haradinaj, scheduled for 15:00 this afternoon, will be broadcast with a delay of 45 minutes. Click here to watch the live stream in English.
Mustafa trial: guidelines on victims' participation specified
On 12 July 2021, Trial Panel I issued a decision setting out the modalities of victims’ participation in the trial against Salih Mustafa. In its decision, available here, the Panel also adopted definitions of victims' interests and rights.
SPO filed the corrected indictment in the Gucati & Haradinaj case
Pursuant to the findings of the Court of Appeals Panel and the order by the Pre-Trial Judge on 23 June, the Specialist Prosecutor’s Office filed the corrected indictment in the case against Hysni Gucati and Nasim Haradinaj. The indictment is available here.