World

Kosovo war crimes court begins first case

The Hague today sees trial of former rebel leader Salih Mustafa

Updated 2 years ago · Published on 15 Sep 2021 1:15PM

Kosovo war crimes court begins first case
Salih Mustafa, 49, a commander in the ethnic Albanian Kosovo Liberation Army, faces charges of murder, torture, cruel treatment, and arbitrary detention that date back to the war with Serbia. – @JFJustice Twitter pic, September 15, 2021

THE HAGUE – The first case at a special court probing Kosovo’s 1998-1999 independence conflict begins today in The Hague, with the war crimes trial of a former rebel leader.

Salih Mustafa, 49, a commander in the ethnic Albanian Kosovo Liberation Army (KLA), faces charges of murder, torture, cruel treatment, and arbitrary detention that date back to the war with Serbia.

Mustafa, who was arrested last year while working as an adviser at Kosovo’s Defence Ministry, is alleged to have mistreated prisoners at a detention compound in Zllash, a village east of the capital Pristina, in April 1999.

The case is the first to go to trial at the Kosovo Specialist Chambers, an EU-backed court set up in the Netherlands in 2015 to probe alleged atrocities by the separatist KLA.

The head judge will formally open the trial today and then read out the indictment to Mustafa, the court said in a statement.

“The accused will be asked whether he has understood the indictment and whether he wishes to confirm his earlier plea. In this case the accused has pleaded not guilty,” it said.

Prosecutors will have three hours to deliver their opening statement, and lawyers for victims will then have 90 minutes to speak.

The trial will hear from 16 witnesses during September and October.

The Kosovo war, which left 13,000 people dead, ended when Serbian president Slobodan Milosevic’s forces withdrew after an 11-week Nato bombing campaign.

After the wars that ripped apart the former Yugoslavia in the 1990s, a host of Serbian war criminals were convicted in other international courts.

But rebel leaders of the KLA have also been accused of revenge attacks on Serbs, Roma, and ethnic Albanian rivals during and after the fighting.

Mustafa, also known as Commander Cali, allegedly ran a temporary detention centre for people accused of being spies, collaborating with Serbian forces, or of not cooperating with the KLA, according to the indictment.

Detainees were allegedly held in a locked stable and subjected to “beatings with various instruments, burning, and the administration of electric shocks”. Some were urinated on in front of other detainees.

Mustafa is alleged to have personally beaten one detainee with a baseball bat and slapped, punched, and kicked another. 

The rest of the crimes were done on his orders, or he “knew or had reason to know” they were carried out by people under his command.

He was present when an alleged murder victim was brought to the detention centre and “beaten and tortured more severely than the other detainees”, the indictment says.

The victim’s remains were found after the KLA unit left the area. – AFP, September 15, 2021

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