Case goes to appeal – how much could the sentences of the former KLA leaders change?

The trial of Hashim Thaçi, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi did not conclude with the first-instance judgment. On September 16, the Kosovo Specialist Chambers in The Hague found the former leaders of the Kosovo Liberation Army guilty on four war crimes charges and sentenced them to a total of 81 years in prison.

The focus is now expected to shift to the appeals process. The defense may challenge the judgment, seeking to have certain parts of it amended or overturned. One of the key issues at this stage is the extent to which the Appeals Panel may intervene in the findings and sentences handed down at first instance.

According to legal experts, the appeal could affect both the length of the sentences and some of the findings in the judgment. The outcome will depend on the arguments and issues the parties present to the Appeals Panel.

The right to challenge the decision does not belong solely to the defense. The Prosecution may also appeal parts of the judgment, including acquittals, as well as the type or length of the sentences imposed.

Lawyer Gazmend Halilaj told “Bota Sot” that, following the delivery of the judgment by the Kosovo Specialist Chambers in The Hague, attention should turn to the appeal and the possibility of amending the first-instance decision.

He explained that the law gives the defense the right to challenge those parts of the judgment it considers unfounded or unlawful, seeking to have them amended or overturned. The application of the law, the assessment of evidence and the conduct of the trial may all be reviewed during this process.

According to Halilaj, the sentences could be reduced or partially amended as a result of the appeal proceedings, while some of the first-instance findings could also be reconsidered in certain cases. However, he stressed that none of these possibilities should be considered guaranteed, as the final decision rests with the Appeals Panel and will be based on the arguments presented during the proceedings.

Halilaj also called for the case to be handled solely on a legal and institutional basis, without prejudice or political influence. He said that he supports the Kosovo Specialist Chambers and that their decisions should be respected as long as they are part of judicial proceedings, while the defendants’ right to appeal and to a fair trial must also be guaranteed.

According to him, the Appeals Panel’s decision must be awaited to determine which parts of the judgment will remain in force, which may be amended and what the final outcome will be for the four former KLA members.

The lawyer noted that the Prosecution may also file an appeal. It may seek to amend the counts on which the defendants were found not guilty and request that they instead be found guilty of those charges.

The Prosecution may also appeal the counts on which guilt was established, challenging the type and length of the sentences. For this reason, according to Halilaj, the Appeals Panel may also amend the decision to the detriment of the defendants.

Meanwhile, legal expert Blerim Burjani told “Bota Sot” that the outcome of the appeals process will largely depend on the defense’s level of preparation and work. He stressed that, at this stage, it is not yet possible to determine how much the sentences could change.

Burjani said that the defense must make greater efforts to secure evidence that could lead to a change in the court’s verdict. According to him, the sentences will be reduced, but the extent of the reduction cannot be known before the appeals process begins and unfolds. He added that considerable work is needed to uncover important facts that could make it possible to secure the freedom of the freedom fighters.

Describing the situation as very serious, Burjani also called for the state to become involved. According to him, the institutions should support the process with professional teams so that the goal of securing their release can be achieved.