English - Eulex

the third trial at first instance - ended with the now appealed verdict, dated 23 May 2008.
In its decision of 7 October 2009 the appellate panel of the Supreme Court found that the first instance
Court had failed to comply with the guidelines given by the Supreme Court in the previous decision
(July 2004). The requirements for a proper and accurate assessment of the evidence, in particular witness
statements, which were to a high degree affected by numerous contradictions, were not met. In addition
the first instance Court failed to properly assess the alibi raised by the accused who claimed that due
to his physical condition he would not have been able to commit the crimes. The Court of first instance
did not accept this alibi without the proper assessment of two medical experts and the statements of a
large number of witnesses, who confirmed the statement of the accused.
As a result the Supreme Court held that the Court of first instance had again failed to accurately establish
the facts. In the light of the particular circumstances of the case, another re-trial would have been the
fourth trial before the Court of first instance – and in the light of Article 6 of the European Convention on
Human Rights (ECHR) 8 , which entitles every defendant to a trial within a reasonable time, the Supreme
Court decided not to order another retrial, but to amend the appealed verdict and to acquit the accused,
based on the fact that during a period of ten years it had not been possible to establish the charges
against him, and thus applying the principle in dubio pro reo.
Pristina DC
Latif Gashi et alia (Llapi Group)
The verdict in the criminal case against Latif Gashi was announced on 2 October 2009 by a Pristina DC trial
panel composed of two EULEX judges and one Kosovo judge. The three defendants were found guilty of
the criminal offence of war crimes against the civilian population and sentenced to 6 years, 4 years, and 3
years of imprisonment respectively.
The significance of this war crimes case was further increased by the fact that all three defendants held
posts in the Kosovo administration - Latif Gashi was legal adviser to the Ministry for the Environment, the
second defendant was employed as Chief Executive of Credit Control at the Post and Telecom Kosovo
(PTK), and the third defendant was a Member of the Kosovo Assembly.
The First Instance decision:
The case was investigated from 2001 to 2002. The original indictment was filed on 19 November 2002,
and amended twice. The final version of the indictment charged the accused with the criminal offence of
war crimes against the civilian population, in violation of Article 142 of the Criminal Code of the Federal
Republic of Yugoslavia, read in conjunction with article 22, 24, 26, and 30 of the Criminal Code of the Federal
Republic of Yugoslavia – the applicable law in the proceedings in accordance with UNMIK Regulation
1999/24 amended by Regulation 2000/59, and in violation of the provision of the Additional Protocol II to
the Geneva Conventions of 12 August 1949.
8 Formally known as Convention for the Protection of Human Rights and Fundamental Freedoms
15