English - Eulex

Appeal in the Supreme Court against the ruling on detention on remand
Idriz Gashi filed an appeal against the DC Pejë/Peć ruling on detention on remand in the Supreme Court.
On 26 November 2009, a panel composed of two EULEX judges and one Kosovo judge partially granted
the appeal, imposing house detention instead of detention on remand until the judgment against him
becomes final.
Gjelosh Krasniqi
Gjelosh Krasniqi was charged with war crimes against the civilian population contrary to Article 142 of
the CCSFRY, Articles 3 and 147 of the 4 th Geneva Convention, and Article 4 of the Additional Protocol II to
the Geneva Conventions of 12 August 1949. The charges involved acts of illegal arrest, detention, taking
as hostage, deprivation of right to fair and impartial trial, inhumane treatment and murder of a Kosovo
Albanian civilian person; unlawful confiscation of property and pillaging of weapons from the victim and
other Kosovo Albanian civilians. The offences were allegedly committed on 24 March 1999 in the village of
Doblibarë/Doblibare, Gjakovë/Djakovica Municipality.
After the main trial hearings from 11 - 31 March 2009, and 23 -29 April 2009, the Pejë/Peć DC trial panel
composed of two EULEX judges and one Kosovo judge pronounced the verdict on 29 April 2009.
By virtue of the panel’s decision, the charge against Gjelosh Krashniqi of illegal arrest of the victim was
reclassified as unlawful deprivation of liberty contrary to the Article 162 of the CCK and consequently
rejected since the period of statutory limitation had expired.
The defendant was acquitted of the detention, deprivation of right to fair and impartial trial, inhumane
treatment and murder of the victim, because it was not proven that the accused had committed the act
with which he had been charged.
The defendant was found guilty of war crimes against the civilian population in the form of taking the
victim hostage, and unlawful property confiscation and pillaging of weapons. Gjelosh Krasniqi was
therefore sentenced to the term of seven years of imprisonment.
The verdict of the first instance court was appealed by the public prosecutor and the appeal is now pending
at the Supreme Court.
Prizren DC
Andjelko Kolasinac
On 4 November 2009 a panel of District Court of Prizren composed of two EULEX judges and one Kosovo
judge pronounced the verdict in the case against Andjelko Kolasinac. This was the second re-trial of this
Kosovo Serb defendant who had been tried and convicted twice before for war crimes against the civilian
population.
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