On December 16, 2022, the court panel of the Kosovo Specialized Chambers announced the first verdict for war crimes against Salih Mustafa, who during the war was the commander of the BIA unit of the KLA.
After holding 52 hearings and hearing 28 witnesses, among which, most of the prosecution's witnesses had their identities protected, and their testimonies were redacted for the public, the jury convicted Salih Mustafa for the criminal offenses of arbitrary detention, torture and murder as a war crime, and sentenced him to a unified sentence of 26 years of imprisonment, while providing a legal reasoning of acquittal for the criminal offense of cruel treatment.
The crimes for which Mustafa was convicted occurred in the detention center in Zllash/Zlaš during April 1999, against six (6) Albanian civilians. The court of first instance has confirmed that the war crimes were committed in a joint criminal enterprise, in co-perpetration with other members of the BIA unit against the civilians detained in Zllash/Zlaš. It has been established that Mustafa was present several times at the detention center in Zllash/Zlaš and that he gave orders, participated directly in the torture of two civilians and was aware of the detention and torture that took place by his subordinates against the detainees who were labeled as collaborators.
According to the Humanitarian Law Center of Kosovo (HLCK), the court has properly used protective measures against the witnesses, some of whom were also detained in this detention center. This decision, in comparison with the earlier practices of the ICTY and judicial processes in Kosovo, represents a new standard of sanctioning, thereby giving a harsher sentence.
The indictment against Salih Mustafa was confirmed on June 12, 2020, while he was arrested on September 24, 2020 and has been in custody since then.
The procedural parties are entitled to file appeal against the ruling to the second instance court.
HLCK shall issue a more detailed analysis upon reading and analyzing the judgment published in writing.
