1 Friday, 16 September 2011
2 [Sentencing Judgement]
3 [Open session]
4 [The accused entered court]
5 --- Upon commencing at 3.34 p.m.
6 JUDGE ORIE: Good afternoon to everyone. Madam Registrar, would
7 you please call the case?
8 THE REGISTRAR: Good afternoon, Your Honours. This is
9 Case number IT-04-84-R77.1-T, the Prosecutor versus Shefqet Kabashi.
10 JUDGE ORIE: Thank you, Madam Registrar. May I have the
11 appearances? Prosecution first.
12 MR. HANNIS: Good afternoon, Your Honours. For the Office of the
13 Prosecutor, I'm Tom Hannis, aim appearing with Alma Imamovic-Ivanov.
14 Ms. Korner is participating in an extended sitting in the Mico Stanisic
15 and Stojan Zupljanin trial and I'm standing in for her.
16 JUDGE ORIE: Thank you also for that explanation, Mr. Hannis.
17 For the Defence, I see that you are present, Mr. Kabashi. There is an
18 audio link established with your counsel, and I would like to verify
19 whether Mr Karnavas is at the other side of the audio link and whether he
20 can hear me.
21 MR. KARNAVAS: Good afternoon, Your Honours, I am on the other
22 side and I can hear you.
23 JUDGE ORIE: Thank you, Mr Karnavas. We will then proceed.
24 Mr Karnavas, we already expressed that you would be excused for
25 not being present; that has not changed. I now will proceed, first of
1 all, with a Rule 15 bis statement.
2 Judge Morrison is absent for urgent personal reasons this
3 afternoon, and Judge Kwon and I have considered that it is in the
4 interests of justice to continue to proceed despite the absence of
5 judge Morrison, pursuant to Rule 15 bis of the rules.
6 There seems to be some noise on the line. If it does not get any
7 worse, then we can continue. If it does get worse, I would like a
8 technician to have a look at it.
9 We are sitting today to deliver the Chamber's sentencing
10 judgement in the case of the Prosecutor versus Shefqet Kabashi.
11 For the purposes of this hearing, I will briefly summarise the
12 Chamber's findings. I stress that it is a summary only. The
13 authoritative account of the Trial Chamber's findings can be found in the
14 written sentencing judgement which will be made available at the end of
15 this session.
16 This case concerns Mr. Kabashi's contumacious refusal or failure
17 to answer questions as a witness in the Haradinaj et al trial, thereby
18 committing contempt of the Tribunal pursuant to Rule 77(A)(i) of the
19 Rules of Procedure and Evidence. On 26 August 2011, Mr. Kabashi pleaded
20 guilty to two counts of contempt of the Tribunal, and the Trial Chamber
21 accepted his plea on 31 August, entering a finding of guilt.
22 The Trial Chamber will now give a summary of its sentencing
23 findings. It recalled that the two primary purposes of sentencing in the
24 Tribunal are retribution and deterrence, both special and general.
25 The Trial Chamber considered the gravity of the offences and the
1 totality of the culpable conduct. By contumaciously refusing or failing
2 to answer questions as a witness, Mr. Kabashi deprived the
3 Haradinaj et al Trial Chamber of evidence relevant for an effective
4 ascertainment of truth in the adjudication of that case. The Defence
5 submitted that Mr. Kabashi's frustrations, his war experience and witness
6 intimidation may have contributed to the refusal or failure to answer
7 questions. Despite these submissions, the Trial Chamber found that any
8 additional motives Mr. Kabashi may have had remained vague and could not
9 be considered in determining the appropriate sentence.
10 In mitigation, the Trial Chamber considered that according to
11 medical documentation, Mr. Kabashi suffers from post-traumatic stress
12 disorder and that his medical condition worsens in a prison environment.
13 The Trial Chamber further considered Mr. Kabashi's family situation in
14 mitigation. Moreover, Mr. Kabashi apologised for his crime on 31 August
15 2011. While the Trial Chamber considered his apology genuine, it
16 considered that the remorse expressed in this way was reduced in its
17 mitigating weight by the fact that Mr. Kabashi had failed to come to
18 The Hague to face the charges against him for more than four years.
19 Having summarised its findings, the Trial Chamber will now give
20 its verdict.
21 Mr. Kabashi, would you please stand.
22 For the reasons summarised above, this Trial Chamber, having
23 found you guilty on 31 August 2011, of the following charges:
24 Count 1, contempt of the Tribunal by knowingly and wilfully
25 interfering with the Tribunal's administration of justice on 5 June 2007,
2 Count 2, contempt of the Tribunal by knowingly and wilfully
3 interfering with the Tribunal's administration of justice on 20 November
5 Hereby sentences you, Mr. Kabashi, to a single sentence of two
6 months of imprisonment.
7 You are entitled to credit for the period of time you have been
8 in custody, which amounts to 31 days.
9 Mr. Kabashi, you may be seated.
10 This concludes the delivery of the sentencing judgement which
11 will now be made publicly available. And before we adjourn, I would like
12 to verify with Mr Karnavas whether he has been able to follow the
13 pronouncement of sentence.
14 MR. KARNAVAS: I have been able to, Your Honour.
15 JUDGE ORIE: Thank you, Mr Karnavas. The Trial Chamber stands
17 --- Whereupon the hearing adjourned at 3.43 p.m.