The Specialized Chambers of Kosovo (DhSK) in The Hague have decided to extend the detention of Rexhep Selimi and Jakup Krasniqi.
In two separate decisions on July 15, 2024, the trial panel decided that the detention of the two accused will be extended for another two months, reports “Betimi për Drejtësi.”
Krasniqi’s defense had requested a temporary release of their client for a three-week period, specifically during the court’s summer recess, but this request was denied.
“Krasniqi’s defense requests the Panel to authorize the temporary release of Mr. Krasniqi and allow him to spend three weeks during the judicial summer recess, subject to several measures, at the location specified by Krasniqi’s defense in its response (“Specified Location”). It argues that the imposition of several measures during a relatively short period of temporary release would reduce any alleged risk of obstructing proceedings and committing further crimes to an acceptable level,” states the decision to extend Krasniqi’s detention.
For this, the Office of the Specialized Prosecutor (ZPS) had argued that the defense has not presented any argument that removes the need for Krasniqi’s continued detention.
The measures proposed by the defense for Krasniqi’s temporary release were: release for a limited period of three weeks, a ban on making public statements, restricted access to communication devices and the internet, restricted access to visitors, and monitoring of communications.
However, the Panel found that alternative measures, including house arrest for a limited period, cannot sufficiently mitigate the existing risks related to Krasniqi.
“The Panel also recalls its findings that it is only through the communication monitoring framework applicable in the detention facilities that Mr. Krasniqi’s communications can be restricted in a way that would sufficiently mitigate the risks of obstruction and further criminal activity. The Panel had also previously held that the measures in place at the detention facilities, viewed as a whole, (i) provide strong assurances against unmonitored visits and communications with family members and pre-approved visitors in order to minimize the risks of obstruction and further criminal activity; and (ii) provide a controlled environment where a possible breach of confidentiality can be more easily identified and/or prevented,” the decision on Krasniqi states.
The decision also states that the Panel had found that Krasniqi’s defense did not demonstrate how the proposed measures would be implemented and did not provide any detail that could support its submission.
Regarding the reasoning for detention, according to the decision, in its submissions, the ZPS had mentioned that if convicted, Krasniqi could face a long sentence and that the climate of witness intimidation continues in Kosovo, making the detention measure necessary.
On the other hand, the defense had argued that in accordance with Krasniqi’s right to family life, his advanced age, and other factors, he should be allowed temporary release for three weeks.
For this, the decision states that the Panel was not convinced that the conditions of Krasniqi’s detention cause hardship that would justify his release.
“The Panel finds that Mr. Krasniqi’s right to family life is naturally limited to some extent by detention, but all reasonable steps, in accordance with international human rights law and internationally accepted standards for the treatment of persons deprived of liberty, are being taken to mitigate the impact. The Panel considers that a short period of conditional release would undoubtedly contribute positively to Mr. Krasniqi’s well-being and mental health. However, this does not mean that the continuation of his detention has become unreasonable – particularly in light of the specific circumstances of this case mentioned above,” the decision further states.
Furthermore, according to the decision, the Panel found that Krasniqi’s age does not make his detention unreasonable.
“In light of the above, the Panel finds that Mr. Krasniqi’s detention for another two months is necessary and reasonable under the specific circumstances of the case. The Panel notes, however, that Mr. Krasniqi has already been in detention for a considerable period of time and that the trial in this case is lengthy. As previously indicated by the Panel, this will require the Panel and all Parties to be particularly aware of the need for the trial to proceed as quickly as possible. The Panel will continue to monitor at every stage of these proceedings whether the continuation of detention is necessary and reasonable. The Panel also recalls that it may order compassionate release for a limited period of time,” the decision states.
This latter, according to the court, if Krasniqi’s personal circumstances constitute strong humanitarian reasons justifying such a release in the future.
As a result, the Panel ordered the defense to submit a redacted version of its response to Krasniqi’s periodic review, as it had submitted the same confidentially and ex parte.
Thus, the defense’s request for conditional release has been denied, and the detention measure for Krasniqi has been extended for another two months.
Similarly, during Selimi’s periodic detention review, the ZPS had stated that no alternative measure sufficiently mitigates the risks that may arise concerning the judicial process against the two of them.
The ZPS had submitted that nothing had changed from the 15th decision on the review of the detention measure for the two accused when the trial panel had found that the risks of obstruction of proceedings and further criminal activity could only be effectively managed in the detention facilities.
“ZPS adds that nothing has occurred since the fifteenth detention decision that justifies a different assessment. On the contrary, Mr. Selimi’s conduct represents a higher risk than ever as evidenced by the modification of the detention conditions to impose stricter conditions,” the decision on Selimi states.
Similar to Krasniqi, the trial panel found that if the latter is convicted, he would face a long sentence and that there is still a climate of witness intimidation in Kosovo and obstruction of judicial proceedings. Therefore, it states that the continuation of his detention is reasonable.
“In light of the above, as well as the ongoing risks of obstruction of proceedings and further criminal activity, none of which can be sufficiently mitigated by the implementation of reasonable alternative measures, the Panel finds that Mr. Selimi’s detention for another two months is necessary and reasonable under the specific circumstances of the case,” the decision on Selimi’s detention states.
The Panel emphasizes that Selimi has already been in detention for a considerable period of time and that the trial in this case is lengthy.
“As previously indicated by the Panel, this will require the Panel and all parties to be particularly aware of the need for the trial to proceed as quickly as possible. The Panel will continue to monitor at every stage of these proceedings whether the continuation of detention is necessary and reasonable,” it further states.
Otherwise, the Office of the Specialized Prosecutor submitted the confirmed amended indictment against Hashim Thaçi, Kadri Veseli, Jakup Krasniqi, and Rexhep Selimi on September 30, 2022, which consists of ten counts of charges, where the latter are charged with war crimes and crimes against humanity.
On April 29, 2022, the Office of the Specialized Prosecutor submitted an amended indictment against Hashim Thaçi, Kadri Veseli, Rexhep Selimi, and Jakup Krasniqi, alleging that the four accused committed war crimes in Gjilan, Budakova, and Semetisht.
On November 9, 2020, in their initial appearances, Jakup Krasniqi and Hashim Thaçi pleaded not guilty to the charges against them. Kadri Veseli also pleaded not guilty on November 10, and Rexhep Selimi on November 11.
The indictment against Hashim Thaçi, Kadri Veseli, Rexhep Selimi, and Jakup Krasniqi was confirmed on October 26, 2020.
