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The Specialized Chambers found Hysni Gucati and Nasim Haradinaj guilty, sentencing them to four and a half years in prison and a fine of 100 euros. The time spent in detention on remand will also be counted in the sentence.
“On behalf of the people of Kosovo, the trial panel finds you guilty of: obstruction of official persons in the performance of official duties, obstruction of official persons through participation in groups, intimidation during criminal proceedings, violation of the secrecy of the procedure through disclosure of information confidentiality and breach through disclosure of identity and information about protected witnesses, ”said Judge Charles Smith III.
Gucati and Haradinaj were acquitted of the revenge charge.
The leaders of the Organization of War Veterans of the Kosovo Liberation Army (OVL-KLA), Gucati and Haradinaj were charged by the Specialized Prosecutor’s Office (SPO) with criminal offenses against the administration of justice, namely for obstructing officials in the performance of their duties. official, intimidation of witnesses, for revenge as well as violation of the secrecy of the procedure.
Judge: This case best illustrates why the Special Court was established
Judge Charles Smith III, when presenting the summary of the trial panel for the cases that this case best shows the reason why the Special Court was established.
He said that witness protection is important, because without them, “there can be no justice for the victims, or for society at large. “The actions of the accused fundamentally endangered these.”
He said that the trial panel was convinced that the defendants had committed the criminal offenses of disclosing protected information and had the direct aim of disclosing the identities of witnesses and potential witnesses of the Specialized Chambers.
“However, the trial panel is not convinced that they greatly hindered or hindered the SPO investigations,” the judge said.
With the disclosure of the names of witnesses, but also with their statements, said the judge, Gucati and Haradinaj, have caused a serious threat in order to intimidate witnesses.
Meanwhile, regarding the accusation that with their actions, the accused wanted revenge, the judge said that the SPO has failed to prove that this criminal offense was committed.
By their actions, the judge said, Gucati and Haradinaj tried to prevent the officials of the Specialized Chambers and the Office of the Specialized Prosecutor from performing their official duties. The judge said they acted in groups to obstruct the work of the Special Court.
Gucati and Haradinaj were arrested in September 2020, following suspicions that in several press conferences at the OVL-KLA headquarters in Pristina they distributed classified documents of the Specialized Chambers, also known as the Special Court.
The indictment alleges that these documents, copies of which were distributed to journalists at three press conferences, also contained the names of potential witnesses who could testify against former KLA leaders, including in the case against former President Hashim Thaçi, former Speakers of Parliament Kadri Veseli and Jakup Krasniqi, and former Vetëvendosje Movement MP Rexhep Selimi, who are charged with war crimes and crimes against humanity.
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