|
Press Release . Communiqué de presse
(Exclusively for the use of the media. Not an official document)
The Hague, 11 November 2004
CT/ P.I.S. / 910e
THE TRIAL OF FATMIR LIMAJ, HARADIN BALA, AND ISAK MUSLIU TO COMMENCE ON MONDAY 15 NOVEMBER 2004
On Monday, 15 November 2004, the trial of Fatmir Limaj, Haradin Bala and Isak Musliu will start before Trial Chamber II consisting of Judges Parker (Presiding), Thelin and Van Den Wyngaert at 2.15 p.m. in Courtroom I. A Pre-Trial Conference will be held at 10 a.m. the same day in Courtroom I.
Factual allegations
The Second Amended Indictment states that, no later than early 1998, after years of increasing tension and violence, armed conflict commenced between Serb forces and the Kosovo Liberation Army ("KLA") in Kosovo. This development was consistent with the KLA’s generally militant approach of active, armed resistance to Serb rule in Kosovo.
Together with Serb civilians, Albanian civilians who were perceived by the Kosovo KLA either as refusing to cooperate with or resisting the KLA by non-military means were targeted for intimidation, imprisonment, violence, and murder.
The Indictment charges Fatmir Limaj, Haradin Bala and Isak Musliu with participation in a joint criminal enterprise. The goal of the joint criminal enterprise, which came into existence before May 1998 and continued until at least August 1998, was to target Serb civilians, and perceived Albanian collaborators, for intimidation, imprisonment, violence, and murder.
According to the Indictment, Fatmir Limaj and Isak Musliu exercised both de jure and de facto command and control over KLA members operating the Lapusnik/Llapushnik Prison Camp. They had the authority to discipline and punish subordinates who committed breaches of military discipline and/or illegal acts, including violations of international humanitarian law. It is
alleged that they knew or had reason to know that the crimes alleged in the Indictment were about to be committed or had been committed by their subordinates and they failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.
According to the Indictment, KLA forces, under the command and control of Fatmir Limaj and Isak Musliu, unlawfully detained Serb and Albanian civilians from the municipalities of Stimlje/Shtime, Glogovac/Gllogoc, and Lipljan/Lipjan for prolonged periods in the Lapusnik/Llapushnik Prison Camp. Fatmir Limaj, Haradin Bala and Isak Musliu participated in maintaining and enforcing the
inhumane conditions in the camp, which included inadequate food and medical care, and participated in or aided and abetted the torture and beatings of the detainees.
It is further alleged that on a date after 24 June 1998 but before 26 July 1998, KLA forces under the command and the control of Fatmir Limaj and Isak Musliu beat, tortured and murdered a number of Serb, non-Albanian and Albanian detainees at the prison camp. Haradin Bala and Isak Musliu participated in or aided and abetted in the murder of a number of detainees.
According to the Indictment, shortly before 26 July 1998, Serb forces retook the area around the Lapusnik/Llapushnik Prison Camp. As a result, on 26 July 1998, the KLA abandoned the prison camp. Haradin Bala and another guard marched approximately 21 detainees from the camp into the Berisa/Berisha mountains. On the way, they met up with Fatmir Limaj who gave orders to Haradin
Bala.
Shortly after, Haradin Bala divided the detainees into two groups. One group of approximately nine detainees was released. The other group of approximately 12 detainees was marched by Haradin Bala, another guard and a third KLA soldier, to a clearing in the woods. Haradin Bala, the other guard and the third KLA soldier then shot them, killing 10 of the detainees.
Charges
The Indictment charges the Accused as follows:
Fatmir Limaj on the basis of individual criminal responsibility (Article 7(1) of the Statute of the Tribunal) and on the basis of superior criminal responsibility (Article 7(3) of the Statute) with:
Five counts of crimes against humanity (Article 5 of the Statute – imprisonment; torture; inhumane acts; murder), and Five counts of violations of the laws or customs of war (Article 3 of the Statute – cruel treatment; torture; murder).
Haradin Bala on the basis of individual criminal responsibility (Article 7(1) of the Statute) with:
Five counts of crimes against humanity (Article 5 of the Statute – imprisonment; torture; inhumane acts; murder), and Five counts of violations of the laws or customs of war (Article 3 of the Statute – cruel treatment; torture; murder).
Isak Musliu on the basis of individual criminal responsibility (Article 7(1) of the Statute) and on the basis of superior criminal responsibility (Article 7(3) of the Statute) with:
Four counts of crimes against humanity (Article 5 of the Statute – imprisonment; torture; inhumane acts; murder), and Four counts of violations of the laws or customs of war (Article 3 of the Statute – cruel treatment; torture; murder).
Contempt
On 21 October 2004, an Indictment was issued for Beqa Beqaj containing charges of "contempt, attempted contempt and incitement to contempt of the Tribunal" which was confirmed by the Trial Chamber on 29 October 2004.
The Indictment against Beqa Beqaj, a relative of Isak Musliu, states that "From on or about 17 February 2003 through to on or about 19 October 2004, Beqa Beqaj individually and in concert with others (…), knowingly and willfully interfered with the administration of justice by threatening, intimidating, offering a bribe to or otherwise interfered with witnesses or potential
witnesses…" in the Limaj et al. case.
More specifically, the Indictment details Beqa Beqaj’s dealings with two potential witnesses namely Rexhe Rexhaj and Rizah Rexhaj, one of whom resides outside of Kosovo.
*****
|
