The Prosecutor v. Salih Mustafa
Case Sheet · KSC
The Specialist 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 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 |
| Crimes at arrest warrant |
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 and transfer to KSC custody | 24 September 2020 |
| Initial appearance | 28 September 2020 |
Trial
| Trial opening | 15 September 2021 |
| Trial judgment | 16 December 2022 · Convicted in part |
| Crimes at trial judgment |
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 Acquitted: war crime of cruel treatment |
| Sentence | 16 December 2022 · 26 years of imprisonment |
Appeals
| Appeals judgment | 14 December 2023 · KSC-CA-2023-02 · Convictions affirmed; sentence reduced to 22 years |
| Protection of legality | 29 July 2024 · Supreme Court Panel (KSC-SC-2024-02) annulled sentence and remanded for new determination |
| New sentence determination | 10 September 2024 · 15 years of imprisonment (final) |
Reparations
| Reparations order | 6 April 2023 · KSC-BC-2020-05/F00517 |
| Amount | 8 victims awarded individual compensation totalling €207,000. Mustafa found partially indigent; Registry ordered to seek compensation through Kosovo’s Crime Victim Compensation Program on behalf of victims |
| Appeal on reparations | Not appealed · Reparations order enforceable |
Key Documents
| Arrest warrant | Public Redacted Version of Arrest Warrant for Mr Salih Mustafa (12 June 2020) |
| Confirmed indictment | Confirmed Indictment against Salih Mustafa (19 June 2020) |
| Confirmation of indictment decision | Decision on Confirmation of the Indictment (5 October 2020, public redacted version) |
| Trial judgment | Trial Judgment — Summary (16 December 2022) |
| Appeals judgment | Appeals Panel Judgment (14 December 2023) — KSC-CA-2023-02/F00038/RED |
| New sentence determination | Court of Appeals Chamber Decision on New Determination of Sentence (10 September 2024) — KSC-CA-2023-02/F00045 |
| Reparations order | Reparation Order against Salih Mustafa (6 April 2023) — KSC-BC-2020-05/F00517 |
| KSC case page | Official KSC page — The Specialist Prosecutor v. Salih Mustafa |