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UÇKHistory and Memory

International Criminal Tribunal for the former Yugoslavia (ICTY) · IT-04-84 dhe IT-04-84bis

Prosecutor v. Haradinaj et al. (including the partial retrial)

Procedural status: Final judgmentAlleged or adjudicated crimes attributed to individual members of the KLA · The 1998–1999 war

Editorial status: Awaiting verificationDrafted from the cited sources; not yet fully reviewed by the editors.

Procedural status

From investigation to final decision. Where does the case stand today?

Path of the case

Stage 6 of 6: Final

  1. Investigation
  2. Indictment
  3. Trial
  4. First instance
  5. Appeal
  6. Final

Stage 6 of 6: Final

Final

A definitive decision after appeal, or after the time limit for appeal has passed.

Appeal status:The case sheet records no appeal against the 2012 retrial judgment.

Sentences imposed

1 sentenced · by final judgment

  1. 01

    Lahi Brahimaj

    6 years

    (cruel treatment and torture of two detainees at Jabllanicë)

    Final

A judgment concerning individuals is not automatically a judgment against a people, a war, or every member of an organization.

Outcome for each accused

Convictions(1)

  • Lahi Brahimaj

    Member of the KLA General Staff at the Jabllanicë headquarters

    Outcome:Partial conviction

    Sentence:6 years (cruel treatment and torture of two detainees at Jabllanicë)

    Final

    The 2008 conviction was affirmed on appeal in 2010 and not retried; he was acquitted of the retried counts in 2012.

Acquittals(2)

  • Ramush Haradinaj

    KLA commander in the Dukagjin operational zone

    Outcome:Acquittal

    Final

    Acquitted in 2008 and again at the partial retrial in 2012.

  • Idriz Balaj

    KLA member, commander of the special unit “Black Eagles”

    Outcome:Acquittal

    Final

    Acquitted in 2008 and again in 2012.

Charges and alleged conduct

According to the indictment, a KLA joint criminal enterprise to consolidate control of the Dukagjin zone through the removal and mistreatment of Serb civilians and the mistreatment of Albanians, Roma/Egyptians and others perceived as collaborators, including detention at the Jabllanicë headquarters in 1998.

Period covered by the charges:1998 (incidents from about April to September 1998)

Charges

  • Persecutions (crime against humanity)
  • Cruel treatment, murder, torture, rape (war crimes)

Findings

According to the judgments, KLA soldiers committed a number of crimes, but the joint criminal enterprise was not proven. Only Lahi Brahimaj was convicted, for mistreating two detainees at Jabllanicë. The Chamber noted serious witness-security difficulties; for that reason the Appeals Chamber ordered a partial retrial, which ended in acquittals.

Procedural history

  1. Confirmed indictment

    The indictment is confirmed.

  2. Trial opened

    The trial opens.

  3. Trial (first-instance) judgment

    Haradinaj and Balaj acquitted; Brahimaj sentenced to 6 years.

  4. Appeal judgment

    By majority, a partial retrial is ordered on the Jabllanicë-related counts; Brahimaj's conviction is affirmed.

  5. Retrial

    The retrial opens.

  6. Retrial judgment

    All three are acquitted of all retried counts.

Last verified:

Verification note:Most recent official information: the retrial judgment (29 November 2012). Brahimaj's release date was not verified.

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