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HLC » Blog Archive » The Court of Appeals has decided upon the Defence’s appeal against the first instance judgment against Xhemshit Krasniqi

The Court of Appeals has decided upon the Defence’s appeal against the first instance judgment against Xhemshit Krasniqi

On May 10, 2017, the Panel of the Court of Appeals, composed of two EULEX Judges – Anna Adamska Gallant, acting as Presiding Judge, and Dariusz Sielicki, acting as Reporting Judge – and a local Judge Hava Haliti, held the main trial in the case against Xhemshit Krasniqi upon the appeals filed by the Defense and the Prosecution Office against the first instance judgment of the Basic Court of Mitrovica.

The Prosecution Office moved the Court of Appeals to increase the punishment and to sentence the defendant also for the murder of AB (Count I of the Indictment) with reference to the liability for joint criminal enterprise. The Defense requested the Defendant to be released or to be re-tried due to the incomplete determination of the factual state (not a single specific and individual action of the defendant was proven), illegal identification of the defendant, unacceptable treatment of the prosecutor towards witnesses, as well as due to the fact that the defendant did not hold a command position in the KLA in April, May and June 1999.

On 8 August 2016, the International Panel of the Basic Court of Mitrovica sentenced Xhemshit Krasniqi to eight years of imprisonment for having committed a war crime against the civilian population in co-perpetration – illegal arrests, illegal detention, violation of the bodily integrity, health and torture of 12 people in the KLA detention facilities in Albania (Kukes and Cahan) and in Prizren, in the period from April to June 1999. By the same judgment, the defendant was acquitted of murder of witness AB due to the lack of evidence.

A short analysis of the first instance judgment can be found here: http://hlc-kosovo.org/?p=4525

Contact:
Amer Alija, HLC Kosovo

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