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IN the BASIC COURT of PRISHTINE/PRISTINA Case Number: P 766/12 17 September 2013

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IN the BASIC COURT of PRISHTINE/PRISTINA Case Number: P 766/12 17 September 2013 IN THE BASIC COURT OF PRISHTINE/PRISTINA Case Number: P 766/12 17 September 2013 IN THE NAME OF THE PEOPLE THE BASIC COURT OF PRISTINA in the Trial Panel composed of EULEX Judge Malcolm Simmons, presiding and Judge Shpresa Hasaj-Hyseni and EULEX Judge Mariola Pasnik, panel members and Nexhmije Mezini, as recording officer, in the criminal case against: I. AK, father’s name X, mother’s name X, born on X, in village of X, Municipality of X, Kosovo Albanian, residing in X, Municipality X, completed secondary school, X; charged in the Indictment of the EULEX Special Prosecutor PPS no. 07/10, dated and filed with the Registry of the District Court of Pristina on 25 July 2011 (hereinafter “Indictment”) with the criminal offences: Count 1: War Crime against the Civilian Population and Prisoners of War, under Articles 142, 144 of the Criminal Code of the Socialist Federal Republic of Yugoslavia (hereinafter the “CCSFRY”), also foreseen in Articles 120, 121 of the Criminal Code of Kosovo (hereinafter the “CCK”), read in conjunction with Articles 22, 24, 26 of the CCSFRY and 23, 25, 26 of the CCK, in violation of Common Article 3 to the four Geneva Conventions 1949, and Articles 4, 5(1) of Additional Protocol II to the four Geneva Conventions (hereinafter “APII”); the Accused, in his capacity as a KLA member, in co-perpetration with FL, NK1, NK2, NS, BL, BS, SS1, cooperative witness X, SS2 and other so far unidentified KLA soldiers, violated the bodily integrity and P 766/12 AK et al Judgment 1 the health of an undefined number of Serbian and Albanian civilians and Serbian military prisoners, detained in an improvised KLA detention centre in the village of Klecke/Klecka, by keeping them in inhumane conditions (including prisoners chained, premises inappropriate, excessive cold, lack of sanitation, inadequate nutrition, frequent beatings); in Klecke/Klecka, Lipjan/Lipljan Municipality, from early 1999 until mid-June 1999; Count 2: War Crime against Prisoners of War, under Articles 22, 144 of the CCSFRY, currently criminalized under Articles 23, 120 of the CCK, in violation of Common Article 3 of the four Geneva Conventions 1949 and Articles 4, 5(1) APII; the Accused in his capacity of member of the KLA, in co-perpetration with NK2, NS, RM, NK1 and cooperative witness X participated in the killing of a Serbian military prisoner, detained in the Klecke/Klecka detention centre, and whose remains were found in a mass grave near Klecke/Klecka containing five bodies; more precisely, the defendant participated in the crime by providing NS, the direct perpetrator of the killing, with a scythe, although he knew, because explicitly informed of NS’s intentions, that the latter was going to kill the prisoner with that scythe; in Klecke/Klecka, Lipjan/Lipljan Municipality, on an undetermined date in April 1999 but not before 11 April 1999; Count 3: War Crime against Prisoners of War, under Articles 22, 144 of the CCSFRY, currently criminalized under Articles 23, 120 of the CCK, in violation of Common Article 3 of the four Geneva Conventions 1949 and Articles 4, 5(1) of APII; the Accused in his capacity as member of the KLA, in co-perpetration with FL, NK2, NS, NK1, BL and P 766/12 AK et al Judgment 2 cooperative witness X, participated in the killing of ND and VM, two Serbian Police officers detained in the Klecke/Klecka detention centre, who were executed by cooperative witness X with several gun shots fired with a pistol; more precisely, the defendant participated in the crime by marching the two prisoners to the execution spot and by keeping the victims at the disposal of the direct perpetrator of the execution, although he knew (because explicitly informed of FL’s orders), or at least could easily foresee from the orders received (marching the two Serbian prisoners to a remote location in the woods) what would happen to them; in a location known as Livadhi i Canit near Klecke/Klecka, Lipjan/Lipljan, on or about 04/05 April 1999; II. NK1, nickname ‘X’, father’s name X, mother’s name X, X, in X Village, X Municipality, Kosovo Albanian, residing in X Village, X Municipality, attended law faculty, inspector at X; charged in the Indictment with the criminal offences: Count 1: War Crime against the Civilian Population and War Crime against Prisoners of War under Articles 22, 142, 144 of the CCSFRY, currently criminalized under Articles 23, 120 of the CCK, in violation of Common Article 3 to the four Geneva Conventions 1949, and Articles 4, 5(1) of APII; the Accused, in his capacity as KLA member and commander, and as a person holding a position of responsibility over Klecke/Klecka detention center, in co-perpetration with FL, NK2, NS, AK, BL, BS, SS1, cooperative witness X, SS2 and other so far unidentified KLA soldiers, violated the bodily integrity and the health of an undefined number of Serbian and Albanian civilians and Serbian military prisoners, detained in the Klecke/Klecka detention centre, by keeping them in inhumane conditions (including prisoners chained, premises inappropriate, excessive cold, lack of sanitation, inadequate nutrition, frequent P 766/12 AK et al Judgment 3 beatings); in Klecke/Klecka, Lipjan/Lipljan Municipality, from early 1999 until mid- June 1999; Count 2: War Crime against the Civilian Population, under Articles 22, 142 of the CCSFRY, currently criminalized under Articles 23, 120 of the CCK, in violation of Common Article 3 to the four Geneva Conventions 1949, and Articles 4, 5(1) APII; the Accused, in his capacity as member of the KLA, in co-perpetration with NK2, NS and RM, killed AA, a Kosovo Albanian civilian who had been previously detained in and released from the Klecke/Klecka detention centre, by shooting at him with an AK-47 firearm; in Klecke/Klecka, Lipjan/Lipljan Municipality, on or about 03/04 April 1999; Count 3: War Crime against Prisoners of War, under Articles 22, 144 of the CCSFRY, currently criminalized under Articles 23, 120 the CCK, in violation of Common Article 3 to the four Geneva Conventions 1949, and Articles 4, 5(1) APII; the Accused, in his capacity as member of the KLA and in co-perpetration with NK2, NS and two unidentified KLA soldiers, participated in the killing of four Serbian military prisoners detained in the Klecke/Klecka detention centre, whose remains were found in a mass grave near Klecke/Klecka and identified through DNA as BC, ZF and ZT, who were executed with several rounds of AK-47 firearm by a group composed by NK1, NK2, NS, and two unidentified KLA soldiers; in Klecke/Klecka, Lipjan/Lipljan Municipality, on an undetermined date in April 1999 but not before 11 April 1999; Count 4: P 766/12 AK et al Judgment 4 War Crime against Prisoners of War, under Articles 22, 144 of the CCSFRY, currently criminalized under Articles 23, 120 of the CCK, in violation of Common Article 3 to the four Geneva Conventions 1949, and Articles 4, 5(1) APII; the Accused, in his capacity as member of the KLA, in co-perpetration with NK2 violated the bodily integrity and health of a Serbian military prisoner, detained in the Klecke/Klecka detention centre, by repeatedly beating him; the victim was subsequently killed and his remains were found in a mass grave near Klecke/Klecka containing five bodies; in Klecke/Klecka, Lipjan/Lipljan Municipality, on an undetermined date in April 1999 but not before 11 April 1999; Count 5: War Crime against Prisoners of War, under Articles 22, 144 of the CCSFRY, currently criminalized under Articles 23, 120 of the CCK, in violation of Common Article 3 to the four Geneva Conventions 1949, and Articles 4, 5(1) APII; the Accused in his capacity of member of the KLA, in co-perpetration with NK2, NS, RM, AK and cooperative witness X participated in the killing of a Serbian military prisoner, mentioned under Count 4 above; more precisely, the defendant participated in the crime by marching the prisoner to the execution spot and by keeping him at the disposal of the direct perpetrator, NS, although he knew, because explicitly informed about NS’s intention to kill the prisoner from the previous conversation between the latter and FL, that the prisoner would be executed, in Klecke/Klecka, Lipjan/Lipljan Municipality, on an undetermined date in April 1999 but not before 11 April 1999; Count 6: P 766/12 AK et al Judgment 5 War Crime against Prisoners of War, under Articles 22, 144 of the CCSFRY, currently criminalized under Articles 23, 120 of the CCK, in violation of Common Article 3 to the four Geneva Conventions 1949, and Articles 4, 5(1) APII; the Accused in his capacity as member of the KLA, in co-perpetration with FL, NK2, NS, AK, BL and cooperative witness X, participated in the killing of ND and VM, two Serbian Police officers, detained in the Klecke/Klecka detention center, who were executed by cooperative witness X with several gun shots fired with a pistol; more precisely, the defendant participated in the crime by keeping the victims at the disposal of the direct perpetrator of the execution, although he knew, because explicitly informed about FL’s intention to kill the prisoners, what would happen to them; in a location known as Livadhi i Canit near Klecke/Klecka, Lipjan/Lipljan, on or about 04/05 April 1999; III. NK2, call sign during the war ‘X’, father’s name X, mother’s name X, born on X, in X Village, X Municipality, Kosovo Albanian, residing at X, attended law school, X; charged in the said Indictment with the criminal offences: Count 1: War Crime against the Civilian Population and Prisoners of War, under Articles 22, 142, 144 of the CCSFRY, currently
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