The Prosecutor v. Hysni Gucati and Nasim Haradinaj
Case Sheet · KSC
The Prosecutor v. Hysni Gucati and Nasim Haradinaj
| Case Number | KSC-BC-2020-07 / KSC-CA-2022-01 |
| Status | Closed · Convicted |
Context
Hysni Gucati and Nasim Haradinaj served as Chairman and Deputy Chairman of the Kosovo Liberation Army War Veterans’ Association. Between 7 and 25 September 2020, they held three press conferences at which they disclosed, without authorisation, confidential information protected under the Law on Specialist Chambers, including the identifying details of potential witnesses, and made disparaging remarks against them. On 18 May 2022, Trial Panel II found both accused guilty of obstructing official persons in performing official duties, intimidation during criminal proceedings, and violating the secrecy of proceedings, sentencing each to four years and six months of imprisonment. On 2 February 2023, the Appeals Panel reduced the sentence to four years and three months. Both were subsequently conditionally released in 2023 after sentence modifications by the KSC President.
Pre-Trial
| Indictment Submitted | 30 October 2020 |
| Indictment Confirmed | 11 December 2020 |
| Crimes at Indictment | Hysni Gucati Crimes against the administration of justice Obstructing official persons in performing official duties by serious threat · art. 401(1) and (5) KCC Obstructing official persons in performing official duties by common action of a group · art. 401(1) and (2) KCC Intimidation during criminal proceedings · art. 387 KCC Retaliation · art. 388 KCC Violating the secrecy of proceedings (protected information) · art. 392(2) KCC Violating the secrecy of proceedings (witness identities) · art. 392(3) KCC Nasim Haradinaj Crimes against the administration of justice Obstructing official persons in performing official duties by serious threat · art. 401(1) and (5) KCC Obstructing official persons in performing official duties by common action of a group · art. 401(1) and (2) KCC Intimidation during criminal proceedings · art. 387 KCC Retaliation · art. 388 KCC Violating the secrecy of proceedings (protected information) · art. 392(2) KCC Violating the secrecy of proceedings (witness identities) · art. 392(3) KCC |
| Arrest Warrant Issued | 24 September 2020 |
| Arrest | 25 September 2020 |
| Initial Appearance | Hysni Gucati 1 October 2020 · No Plea 18 December 2020 · Plea: Not Guilty Nasim Haradinaj 29 September 2020 · No Plea 18 December 2020 · Deferred Plea 8 January 2021 · Not Guilty Plea entered in his behalf |
| Case Transmitted to Trial Panel | 16 July 2021 · Trial Panel II |
Trial
| Trial Panel | Trial Panel II · Judges: Judge Charles L. Smith, III, (Presiding), Judge Judge Christoph Barthe, Judge Guénaël Mettraux, Judge Fergal Gaynor (Reserve Judge) |
| Trial Opening | 7 October 2021 |
| Trial Judgment | 18 May 2022 |
| Crimes at Trial Judgment | Hysni Gucati Crimes against the administration of justice Obstructing official persons in performing official duties by serious threat · art. 401(1) and (5) KCC Intimidation during criminal proceedings · art. 387 KCC Violating the secrecy of proceedings (protected information) · art. 392(2) KCC Violating the secrecy of proceedings (witness identities) · art. 392(3) KCC Nasim Haradinaj Crimes against the administration of justice Obstructing official persons in performing official duties by serious threat · art. 401(1) and (5) KCC Intimidation during criminal proceedings · art. 387 KCC Violating the secrecy of proceedings (protected information) · art. 392(2) KCC Violating the secrecy of proceedings (witness identities) · art. 392(3) KCC |
| Sentence | Hysni Gucati 4 years and a half of imprisonment and fine of 100 euros Nasim Haradinaj 4 years and a half of imprisonment and fine of 100 euros |
Appeals
| Appeals Panel | Judges: Judge Michèle Picard, Judge Kai Ambos, Judge Nina Jørgensen |
| Appeals Judgment | 2 February 2023 |
| Crimes at Appeals Judgment | Hysni Gucati Crimes against the administration of justice Obstructing official persons in performing official duties by serious threat · art. 401(1) and (5) KCC Intimidation during criminal proceedings · art. 387 KCC Violating the secrecy of proceedings (protected information) · art. 392(2) KCC Violating the secrecy of proceedings (witness identities) · art. 392(3) KCC Nasim Haradinaj Crimes against the administration of justice Obstructing official persons in performing official duties by serious threat · art. 401(1) and (5) KCC Intimidation during criminal proceedings · art. 387 KCC Violating the secrecy of proceedings (protected information) · art. 392(2) KCC Violating the secrecy of proceedings (witness identities) · art. 392(3) KCC |
| Protection of Legality | 18 September 2023 · Rejected |
| Final Sentence | Hysni Gucati 4 years and 3 months of imprisonment and fine of 100 euros Nasim Haradinaj 4 years and 3 months of imprisonment and fine of 100 euros |
| Sentence Served | Hysni Gucati 17 October 2023 · Released Nasim Haradinaj 14 December 2023 · Released |
Key Documents
| Arrest Warrant Gucati | Arrest Warrant (2020) |
| Arrest Warrant Haradinaj | Arrest Warrant (2020) |
| Confirmation of Indictment Decision | Decision on Confirmation of the Indictment (2020) |
| Operative Indictment | Operative Indictment (2021) |
| Trial Judgment | Trial Judgment (2022) |
| Appeals Judgment | Appeals Panel Judgment (2023) |
| KSC Case Page | Official KSC page |