The special Kosovo court in The Hague has upheld the conviction of Salih Mustafa, a former rebel commander found guilty of running a makeshift torture center, where he brutally assaulted fellow ethnic Albanians. Mustafa, a member of the Kosovo Liberation Army (KLA), faced charges of arbitrary detention, torture, and murder. While the court maintained the convictions, it reduced Mustafa’s original sentence from 26 years to 22.
Criminal Conduct Reflected in Reduced Sentence
Presiding judge Michele Picard emphasized that the reduction in Mustafa’s sentence to 22 years “reflects the totality of Mr. Mustafa’s criminal conduct in this case.” The upheld convictions include charges related to the deplorable conditions in which detainees were kept, inadequate provision of food and water, and severe physical abuse, such as beatings, burns, and electric shocks.
Comparable War Crimes and Reasonable Proportionality
The appeals court considered cases of comparable war crimes both in Kosovo and internationally. Judge Picard noted that in such cases, shorter sentences were imposed than the original 26-year term handed to Mustafa. The reduction was deemed necessary to bring the sentence in line with the norms observed in similar circumstances and for similar offenses, emphasizing the principle of reasonable proportionality.
Mustafa’s Actions and ‘Milestone’ Verdict
Mustafa’s actions, which included subjecting detainees to mock executions and denying medical care, were characterized as grave war crimes. The December 2022 verdict against Mustafa was considered a “milestone” for the court, marking its first war crimes judgment. Mustafa, also known as “Commander Cali,” denied guilt throughout the proceedings, comparing the court to a “Gestapo office.”
Court’s Purpose and Ongoing Cases
The high-security court, officially known as the Kosovo Specialist Chambers, operates under Kosovo law but is based in the Netherlands to protect witnesses from intimidation. The court, established in 2015, aims to address war crimes committed during the Kosovo war. Ongoing cases, including the trial against former Kosovo President Hashim Thaci, signify the court’s commitment to accountability for war crimes despite the challenges posed by former KLA commanders dominating political life in Kosovo.
SOURCE: Ref Image from Al Jazeera
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