The President of the Kosovo Specialist Chambers (KSC), Judge Ekaterina Trendafilova, on 12 October 2023, decided that she will consider modification of Mr Nasim Haradinaj’s sentence to provide for his release under certain conditions after receipt of a report from Registrar Fidelma Donlon on Mr Haradinaj’s behaviour while at the KSC Detention Facilities.
In coming to her decision, the President consulted the Judges of the sentencing Panels, as provided for in Article 51(2) of the Law on Specialist Chambers and Specialist Prosecutor’s Office (“Law”), took into consideration the factors set forth in Rule 196(3) of the Rules of Procedure and Evidence as well as the oral hearing she conducted with Mr Haradinaj.
The President considered that while the offences for which Mr Haradinaj was convicted are indisputably grave given the chilling impact the revelation of confidential information had on (potential) witnesses, there were a number of factors that could weigh in favour of modification of his sentence. The President further noted Mr Haradinaj’s expressions of regret made during the oral hearing and his commitment to refrain from committing any acts that may be characterised as offences against the administration of justice in the future.
However, the President noted that Mr Haradinaj has a disciplinary record at the Detention Management Unit (DMU). The President therefore considered that while Mr Haradinaj has taken some steps towards rehabilitation, there is room for improvement. Accordingly, the President ordered the Registrar to submit a report on Mr Haradinaj’s future conduct at the DMU within a certain time period as part of the assessment on whether to modify his sentence.
The President’s decision can be found here on the KSC’s website.
Proceedings related to the commutation, modification or alteration of sentences as provided for in Article 51(2) of the Law are individual proceedings. When a convicted person has served two-thirds of a sentence, he or she becomes eligible for consideration of commutation, modification or alteration of the sentence, but does not have the right to the sentence being commuted, modified or altered.