Former commander of the Kosovo Liberation Army (KLA), Haxhi Shala, has been declared innocent of the charges brought against him by the prosecutor in The Hague.

Shala made his statement on Friday at the first conference on the progress of the case in the Kosovo Specialist Chambers in The Hague, known as the Specialist Court.

The Prosecutor’s Office in The Hague charges Shala with three points: attempted obstruction of official persons in the performance of official duties through serious threats, attempted obstruction of official persons in the performance of official duties through participation in the joint action of a group, and intimidation during criminal proceedings.

“Completely innocent,” Shala said when asked how he declares himself regarding the three charges.

The indictment against Haxhi Shala was confirmed on December 4, 2023, by the pre-trial judge. He was arrested on December 11, and a day later, he was transferred to the detention center in The Hague.

For what and for which period is Haxhi Shala accused?

Shala is accused of attempting to obstruct official persons in the performance of official duties through serious threats, attempting to obstruct official persons in the performance of official duties through participation in the joint action of a group, and intimidation during criminal proceedings, said pre-trial judge Nicolas Guillou on Wednesday.

According to the indictment, between April 5 and April 12, 2023, Shala, together with Sabit Januzi and Ismet Bahtijari (both accused by the Specialist Court), contacted a witness.

The indictment states that they specifically met the witness, on two occasions, “to encourage him to retract his testimony or not to give testimony in official proceedings before the Kosovo Specialist Chambers, including through serious threats or promises of benefits”.

This behavior shows that Shala intended to intimidate witness 1 and obstruct official persons, including prosecutors and investigators from the Specialist Prosecutor’s Office, in the performance of their duties, the indictment states.

How will the process unfold?

In October, Sabit Januzi and Ismet Bahtijari were also arrested and transferred to the pre-trial detention facility in The Hague, accused by the Specialist Court of “intimidation and attempted obstruction of official persons in the performance of official duties, including through serious threats”.

On December 13, the prosecutor proposed that the Januzi and Bahtijari cases be joined with the Shala case in a single trial.

In this regard, the Specialist Prosecutor’s Office is expected to submit the indictment for a joint trial by January 12, 2024, a date announced by the pre-trial judge Nicolas Guillou on Friday.

The defense can respond no later than January 19, while the prosecution’s reply can be made by January 26.

At the conference on the progress of the case against Haxhi Shala, it was stated that the prosecutor’s deadline for submitting materials is January 26, a month that is expected to mark the conclusion of the prosecutor’s investigation in this case.

According to the prosecution, the materials will be submitted for both cases “with the hope that from January 26, the cases can be joined into one”.

Before the pre-trial judge, the prosecution revealed that the type of evidence they aim to use includes documented materials, data from phone connections, transcripts from various statements, and witnesses.

Meanwhile, the defense stated that during the arrest, Shala was given little information about the crimes he is accused of.

As a result, the defense declared the need to examine the materials and emphasized the need for the prosecution to submit all necessary materials in an expedited manner.

Other cases in this court

The Specialist Court is investigating alleged crimes by members of the Kosovo Liberation Army against ethnic minorities and political rivals in the period January 1998 – December 2000.

The court is based in The Hague, Netherlands, but operates under the laws of Kosovo.

Currently, the trial of former members of the KLA, former President of Kosovo Hashim Thaçi, former parliamentary speakers Jakup Krasniqi and Kadri Veseli, and former member of the General Staff of the Kosovo Liberation Army Rexhep Selimi, with charges of war crimes and crimes against humanity, is ongoing.

All have declared themselves innocent.

In a separate judicial process, former KLA member Pjetër Shala is being judged.

He is accused of leading an improvised prison where it is supposed that some people were mistreated, and one of them was killed.

Shala himself stated that the charges against him are fabricated.

On December 14, the Appeals Panel in the Specialist Court reduced the four-year sentence for former KLA commander Salih Mustafa. A year earlier, Mustafa had been sentenced to 26 years in prison for unlawful killing, arbitrary detention, and torture.

Recently, they were acquitted under certain conditions.

This year, the Specialist Court also arrested former Mayor of Malishevo, Isni Kilaj, suspected of obstructing justice.