Verdict against former KLA leaders moves to appeal stage – which parts could be reviewed?

On September 16, the Special Court in The Hague found former Kosovo Liberation Army leaders Hashim Thaçi, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi guilty on four counts of war crimes. Their sentences amount to a total of 81 years in prison.

However, the delivery of the first-instance verdict does not mark the end of the legal battle.

The focus is now expected to shift to proceedings before the Appeals Panel. The defense may challenge the judgment and seek to have parts of it amended or overturned, while one of the main issues is the scope the Appeals Panel has to intervene in the findings and sentences imposed at first instance.

According to legal experts, the appeal could lead to a review of some of the judgment’s findings or the sentences imposed. The outcome will depend on the issues and arguments the parties present to the Appeals Panel.

The right to appeal does not belong solely to the defense. The Prosecution may also challenge parts of the verdict, including acquittals, as well as matters related to the type and length of the sentences.

Speaking to “Bota sot,” lawyer Gazmend Halilaj explained that following the judgment by the Special Court in The Hague, attention should focus on the appeals process and the possibility of amending the first-instance decision.

He emphasized that the law gives the defense the right to challenge the judgment and seek the amendment or annulment of those parts it considers unfounded or contrary to the law.

According to Halilaj, the Appeals Panel may examine how the law was applied, how the evidence was assessed and how the court proceedings were conducted. For this reason, the sentences could be reduced or partially amended, while under certain circumstances some of the first-instance findings could also be reviewed. He clarified that none of these possibilities is guaranteed, as the final decision will be made by the Appeals Panel based on the arguments presented during the proceedings.

Halilaj also called for the case to be addressed solely at the legal and institutional level, without prejudice or political influence. He said he supports the Special Court and that its decisions should be respected as part of a judicial process, but that the defendants’ right to appeal and to due process must also be guaranteed.

According to him, the appeals review must be awaited to determine which parts of the judgment will remain in force, which may be amended and what the final decision regarding the four former KLA members will be.

The lawyer stressed that the Prosecution may also appeal the counts that resulted in acquittals, seeking to have them amended and the defendants found guilty.

He added that an appeal may also be filed regarding the counts on which the defendants were found guilty, specifically in relation to the type and length of the sentences. Consequently, according to Halilaj, the Appeals Court could also amend the verdict 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 said that at this stage, it is still impossible to determine the extent to which the sentences could change.

Burjani said the defense must do more to obtain evidence that could influence a change in the court’s verdict. According to him, the sentences will be reduced, but the extent of the reduction cannot be known until the appeals process begins and unfolds. He added that a great deal of work is needed to find significant evidence that could secure the freedom of the liberators.

Describing the situation as very serious, Burjani also called for the state to become involved in supporting the defense. According to him, the state should provide support through professional teams, with the aim of securing their release.