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Gucati and Haradinaj are sentenced to 4 and a half years in prison each by the Special Court

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The Special Court found Hysni Gucati and Nasim Haradinaj, former leaders of the Kosovo Liberation Army War Veterans Organization, four years in prison and fined 100 euros each.

They will also be counted on their time in detention.

Otherwise, in the indictment against Gucati and Haradinaj, it is submitted that between at least 7 and 25 September 2020, in three press conferences and other television broadcasts, as well as through further distribution, Hysni Gucati and Nasim Haradinaj disclosed, without authorization, information protected by the Law on Specialized Chambers and the Office of the Specialized Prosecutor, including the personal data of some (potential) witnesses. Defendants also made derogatory comments and accusations against (potential) witnesses and repeatedly expressed their intent to harm the Specialized Chambers.

The charges include two counts of committing criminal offenses against public order, namely obstruction of official persons in the performance of official duties (Counts 1 and 2) and four counts of criminal offenses against the administration of justice and public administration. These are intimidation during criminal proceedings (Count 3), revenge (Count 4) and breach of confidentiality of proceedings (Counts 5 and 6).

Hysni Gucati and Nasim Haradinaj were arrested on 25 September 2020 in Prishtina, Kosovo, and transferred to the Kosovo Specialized Chambers detention facility on 25 and 26 September 2020, respectively.

The first appearances of Haradinaj and Gucati as suspects were held before the Single Judge, Nikola Giju, on September 29 and October 1, 2020, respectively.

On 11 December 2020, Judge Nikola Giju, in his capacity as Pre-Trial Judge, upheld the indictment against the two accused. The revised indictment was filed on July 5, 2021 and a less edited version was filed on October 4, 2021.

The first appearances of the two defendants before the Pre-Trial Judge were held on 18 December 2020. Hysni Gucati pleaded not guilty to all charges, while Nasim Haradinaj did not make a statement within 30 days of his subsequent appearance being held on January 8, 2021. For this reason, pursuant to Rule 92 (2) (f) of the Rules of Procedure and Evidence of the Specialized Chambers of Kosovo, the Pre-Trial Judge made a declaration of innocence on his behalf.

On 16 July 2021, the Pre-Trial Judge transferred the case file to Trial Panel II.

The trial began on October 7, 2021. On November 10, 2021, the Office of the Special Prosecutor (SPO) closed the submission of its evidence.

Gucat’s Defense began presenting its evidence on December 3, 2021, followed by Haradinaj’s Defense on December 15, 2021. Both Defense teams closed the presentation of their evidence on February 2, 2022.

The evidence submission procedure in this case was closed on 3 February 2022.

During the 31 days of the trial, the SPO called four witnesses while both Defense teams relied on the oral testimony of 10 witnesses and 18 written statements of witnesses.

Closing statements were held from 14 to 17 March 2022.

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