The Prosecutor v. Salih Mustafa
Case Sheet · KSC
The Prosecutor v. Salih Mustafa
| Case Number | KSC-BC-2020-05 |
| Status | End of Appeal |
Context
Salih Mustafa was Commander of a BIA guerrilla unit operating within the Llap Operational Zone of the Kosovo Liberation Army (KLA). He was found guilty on 16 December 2022 of three war crimes — arbitrary detention, torture, and murder — committed against persons detained at a compound in the village of Zllash/Zlaš, in the Gollak region of Kosovo, in April 1999. He was acquitted of the war crime of cruel treatment. The Trial Panel sentenced him to 26 years of imprisonment. On 14 December 2023, the Appeals Panel affirmed the convictions but reduced the sentence to 22 years. Following a successful protection of legality request, the sentence was further reduced to 15 years by the Appeals Panel on 10 September 2024. This is the first case in which the KSC delivered a judgment on the merits.
Pre-Trial
| Indictment Submitted | 14 February 2020 |
| Indictment Confirmed | 12 June 2020 |
| Crimes at Indictment | War Crimes War crime of arbitrary detention · art. 14(1)(c) LSC War crime of cruel treatment · art. 14(1)(c) LSC War crime of torture · art. 14(1)(c) LSC War crime of murder · art. 14(1)(c) LSC |
| Arrest Warrant Issued | 12 June 2020 |
| Arrest | 24 September 2020 |
| Initial Appearance | 28 September 2020 · No Plea 28 October 2020 · Plea: No Gu |
| Case Transmitted to Trial Panel | 7 May 2021 · Trial Panel I |
Trial
| Trial Panel | Trial Panel I · Judges: Judge Mappie Veldt-Foglia, (Presiding), Judge Judge Roland Dekkers, Judge Gilbert Bitti, Judge Vladimir Mikula (Reserve Judge) |
| Trial Opening | 15 September 2021 |
| Trial Judgment | 16 December 2022 |
| Crimes at Trial Judgment | War Crimes War crime of arbitrary detention · art. 14(1)(c) LSC War crime of torture · art. 14(1)(c) LSC War crime of murder · art. 14(1)(c) LSC |
| Sentence | 26 years of imprisonment |
Appeals
| Appeals Panel | Judges: Judge Michèle Picard, Judge Kai Ambos, Judge Nina Jørgensen |
| Appeals Judgment | 14 December 2023 |
| Crimes at Appeals Judgment | War Crimes War crime of arbitrary detention · art. 14(1)(c) LSC War crime of torture · art. 14(1)(c) LSC War crime of murder · art. 14(1)(c) LSC |
| Final Sentence | 22 years of imprisonment |
| Protection of Legality | 10 September 2024 · Sentence reduced to 15 years of imprisonment |
Reparations
| Reparations Order | 6 April 2023 |
| Amount | 207,000 euros |
Key Documents
| Arrest Warrant | Arrest Warrant (2020) |
| Confirmed Indictment | Decision on Confirmation of Indictment (2020) |
| Operative Indictment | Operative Indictment (2020) |
| Trial Judgment | Trial Judgment (2022) |
| Appeals Judgment | Appeals Panel Judgment (2023) |
| New Sentence Determination | Decision on New Determination of Sentence (2024) |
| Reparations Order | Reparations Order (2023) |
| KSC Case Page | Official KSC page |