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UÇKHistory and Memory

Kosovo Specialist Chambers · KSC-BC-2020-05

Specialist Prosecutor v. Salih Mustafa (Zllash)

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:Remedies are exhausted; the judgment is final.

Sentences imposed

1 sentenced · by final judgment

  1. 01

    Salih Mustafa

    15 years

    (26 years at trial → 22 on appeal → the 22-year sentence annulled by the Supreme Court → 15 years)

    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)

  • Salih Mustafa

    Commander of the KLA's BIA guerrilla unit

    Outcome:Conviction

    Sentence:15 years (26 years at trial → 22 on appeal → the 22-year sentence annulled by the Supreme Court → 15 years)

    Final

    Convicted of arbitrary detention, torture and murder; acquitted of cruel treatment “for legal reasons”.

Charges and alleged conduct

According to the indictment, the arbitrary detention, cruel treatment, torture and murder of detainees at the BIA unit's compound in Zllash in April 1999.

Period covered by the charges:About 1 – end of April 1999

Charges

  • Arbitrary detention (war crime)
  • Cruel treatment (war crime)
  • Torture (war crime)
  • Murder (war crime)

Findings

According to the judgment, detainees at the Zllash compound were arbitrarily detained and tortured, and one detainee was murdered; Mustafa, as commander, was held responsible. Reparations of €207,000 were ordered for the victims.

Procedural history

  1. Confirmed indictment

    The indictment is confirmed.

  2. Arrest or transfer

    Arrested and transferred to The Hague.

  3. Trial opened

    The trial opens.

  4. Trial (first-instance) judgment

    Guilty of arbitrary detention, torture and murder; 26 years.

  5. Reparation order

    Reparation order of €207,000.

  6. Appeal judgment

    Convictions affirmed; sentence reduced to 22 years.

  7. Supreme Court decision

    The Supreme Court annuls the appeal judgment insofar as it set the 22-year sentence.

  8. Appeal judgment

    The Court of Appeals Panel imposes a new sentence: 15 years.

  9. Supreme Court decision

    Defence and prosecution requests against the 15-year sentence are dismissed.

  10. Constitutional Court decision

    The second referral to the Constitutional Court is declared inadmissible.

Last verified:

Verification note:Most recent official information: the Constitutional Court decision (9 July 2025). The place where the sentence is served was not verified.

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