The announcement of the verdict against Hashim Thaçi, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi does not mark the end of the judicial process.
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The case is expected to move to the second instance, as the defense teams of the former KLA leaders have announced that they will appeal the first-instance decision immediately after receiving the full written reasoning.
According to the lawyers, the verdict contains shortcomings and elements that can be challenged before the Appeals Panel.
Luka Mishetiq, Hashim Thaçi’s lead defense lawyer and one of the most critical voices on the defense team throughout the proceedings, has repeatedly claimed that problems have emerged relating to procedural fairness and the impartiality of the trial panel.
“The defense will officially file the notice of appeal, with the aim of correcting these factual, legal and procedural errors before the Appeals Panel.”
The defense teams of Kadri Veseli, Rexhep Selimi and Jakup Krasniqi have also announced that they will follow the same procedure.
Following the decision, their lawyers challenged the verdict and announced that they would refer the case for review by the second instance.
But what steps follow the filing of a notice of appeal?
The Kosovo Specialist Chambers explained the procedures and deadlines that must be observed to RTK. The defense and the Prosecution have 30 days from the moment they receive the written verdict to file a notice of appeal. This document must also specify the grounds on which the challenge to the decision is based. If an appeal is filed, the President of the Specialist Chambers appoints a panel of three judges to review the case.
However, the notice of appeal constitutes only the initial stage. The party that filed it must, within 60 days, submit the full brief containing the arguments supporting the appeal. The other party has 30 days to submit a response, while the appealing party may respond to the opposition within 15 days.
When only the sentence is appealed, the procedural deadlines are shorter. After the exchange of briefs is completed, the Appeals Panel may decide to hold a hearing if it considers this necessary.
Additional written documents may also be submitted during the review, including requests for the admission of new evidence.
Once the briefing stage is closed, the judges proceed to deliberations, meaning the internal review and discussion of the case before a decision is issued.
The Specialist Chambers have announced that the Appeals judgment will be delivered within 60 days of the submission of the final brief. This deadline may be extended if the circumstances of the case require it.
The Appeals Panel may uphold the first-instance judgment, overturn it or amend it.
