The Prosecutor v. Hysni Gucati and Nasim Haradinaj
Case Sheet · KSC
The Specialist 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
| Arrest & transfer to KSC custody | 25–26 September 2020 |
| Initial appearances | 29 September 2020 (Haradinaj) · 1 October 2020 (Gucati) |
| Indictment confirmed | 11 December 2020 |
| Crimes at indictment |
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 |
Trial
| Trial opening | 7 October 2021 |
| Trial judgment | 18 May 2022 · Convicted in part |
| Crimes at trial judgment |
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 Acquitted: retaliation (art. 388 KCC) |
| Sentence (Trial Panel) | 18 May 2022 · 4 years and 6 months of imprisonment + fine of €100 (each accused) |
Appeals
| Notices of appeal | 17 June 2022 (both accused) |
| Appeals judgment | 2 February 2023 · KSC-CA-2022-01 · Convictions affirmed; sentence reduced to 4 years and 3 months + €100 fine (each accused) |
| Sentence modification & release | Gucati conditionally released 17 October 2023 · Haradinaj conditionally released 14 December 2023 |
Key Documents
| Arrest warrant Gucati | Arrest Warrant — Hysni Gucati |
| Arrest warrant Haradinaj | Arrest Warrant — Nasim Haradinaj |
| Operative indictment | Operative Indictment (4 October 2021) |
| Trial judgment | Trial Judgment (18 May 2022) |
| Appeals judgment | Appeals Panel Judgment (2 February 2023) — KSC-CA-2022-01 |
| KSC case page | Official KSC page — The Specialist Prosecutor v. Hysni Gucati and Nasim Haradinaj |