On 18 May 2022, the trial panel chaired by Judge Charles L. Smith III of the Kosovo Specialist Chambers delivered the judgment in the case of Specialist Prosecutor against defendants Hysni Gucati and Nasim Haradinaj.
Both defendants were found guilty of three criminal offenses: violation of the secrecy of the procedure, intimidation during the criminal procedure, and obstruction of the official person in the performance of official duties and have each been sentenced individually to a single sentence of four (4) years and six (6) months imprisonment.
Both defendants were acquitted of the criminal offense of retaliation.
In the reasoning of the first instance judgment, the trial panel concluded that the defendants, through their actions and statements to the media, disclosed protected information to the public, revealed witnesses' personal data, and even made insulting and derogatory comments about witnesses where their names were in those documents.
Upon delivery of the documents to the KLA WVA office, the KSC judge issued an order prohibiting the distribution of documents. However, despite these orders, the defendants continued to make available to the journalists’ information contained in those three packages of documents. These packages contained sensitive information such as: requests for assistance submitted by the Special Investigation Task Force (SITK) to the competent Serbian authorities, requests containing the names and personal data of hundreds of witnesses, the response of the Serbian war crimes prosecution to the SITK requests, and a product of internal working material of the SPO where the evidence and legal aspects related to five (5) suspects were analyzed by the SPO, and which also contained the names of one hundred and fifty (150) witnesses and potential witnesses. The trial panel was satisfied that the material in question was authentic and part of the SITK or SPO investigation documents and that this material was treated as confidential by the SITK and SPO.
According to the court, the accused treated with contempt and insulted those who chose to cooperate with this court in search of the truth and expressed themselves in a way that could only be intended to persuade them not to give any other information to the SPO or to testify at any future trial. The behavior of the accused affected many people and caused fear and anxiety in some of them. The defendants showed no concern about the possible consequences of their actions. Instead, they acted flagrantly, openly, without distinction, and disregarding the rule of law or the authority of this court.
The court found that this judgment clearly describes those actions that are criminal and unpatriotic, a threat to justice, and not driven by the public interest.
The Humanitarian Law Center Kosovo (HLCK) considers the decision of the first instance of the Kosovo Specialist Chambers (KSC) to be grounded. Accordingly, we ask that the investigations be extended to the persons who leaked these materials. Such actions should be prevented as they threaten the safety of witnesses and their families, reduce the trust and credibility of the KSC, and may affect witnesses to terminate cooperation with the Kosovo Specialist Chambers and the Specialist Prosecution Office (KSC & SPO).
Witnesses and victims in criminal proceedings should feel safe to testify before the judicial bodies about what they know or have experienced in order to shed light on the truth and reach justice. This decision should create a safe environment for witnesses and victims and may affect the awareness of persons who could potentially impede the administration of justice.
The defendants were arrested on 25 September 2020 in Prishtina. At the time of their arrest, the defendants held the position of chairman and deputy chairman of the KLA War Veterans Organization.
The indictment against the two defendants was confirmed on 11 December 2020 and subsequently corrected on 5 July 2021. According to the indictment, between 7 and 25 September 2020, Gucati and Haradinaj disclosed without authorization information protected by the Law on KSC in three press conferences and other broadcast activities and through further distribution. This information also contained identification data of (potential) witnesses. At the same time, they also made derogatory comments against (potential) witnesses and repeatedly expressed their intention to harm the work of the KSC.
In this case, the main trial started with the prosecution's introductory words on 7 October 2021, and thirty-one (31) sessions of the main trial were held. During the main trial, four (4) witnesses proposed by the prosecution appeared in the court, and eight (8) witnesses proposed by the defense. The defendants were held in custody since their arrest.
