The Prosecutor v. Naser Krasniqi, Nexhmi Krasniqi, Fatmir Limaj and Naser Shala
| Court |
District Court of Pristina, Kosovo |
| Case number |
P425/11 |
| Decision title |
Judgment |
| Decision date |
2 May 2012 |
| Parties |
- The Prosecutor
- Naser Krasniqi
- Nexhmi Krasniqi
- Fatmir Limaj
- Naser Shala
|
| Other names |
|
| Categories |
War crimes |
| Keywords |
common Article 3, kill, torture, violence to person, war crimes |
| Links |
|
back to topSummary
In early 1998, escalating ethnic tensions and violence led to the break out of an armed conflict in Kosovo between Serbian forces and the Kosovo Liberation Army (KLA). Serbian and Albanian civilians were perceived as non-cooperative by the KLA and were subsequently targeted for intimidation, imprisonment, violence and murder. A number of Serbian military prisoners as well as Albanian civilian prisoners were detained at the Klecka detention centre by the KLA in inhumane conditions, exposed to cold, without adequate sanitation or proper nutrition. Prisoners were frequently beaten and a number amongst them were executed and their bodies buried in mass graves nearby.
Fatmir Limaj, Naser Krasniqi, Nexhmi Krasniqi and Naser Shala were all KLA members; Limaj was the commander of the 121st Brigade. They were indicted by the Special Prosecutor for war crimes and stood trial before the District Court of Pristina, operating under European Union supervision in Kosovo. All Accused were acquitted by the District Court.
On appeal however, the Supreme Court ordered a retrial of all accused and held that key evidence from Limaj’s deputy who had died in Germany the previous year would be admissible in the new trial.
back to topProcedural history
On 25 July 2011, the EULEX Special Prosecutor filed with the Registry of the District Court of Pristina an indictment charging Naser Krasniqi, Nexhmi Krasniqi, Fatmir Limaj and Naser Shala with multiple counts of the war crimes of murder, violence to bodily integrity and health, torture.
The trial commenced on 11 November 2011 and concluded on 30 March 2012.
back to topRelated developments
The EULEX Special Prosecutor lodged an appeal against the verdict of the District Court.
On 20 November 2012, the Supreme Court ordered the retrial of the case finding that key evidence from a witness should be considered as admissible.
On 24 November 2012, the District Court of Pristina granted the Special Prosecutor’s request and ordered one-month detention on remand for all four accused. This was subsequently increased to an additional two months’ detention.
See also Balkan Transitional Justice, 'Second Part of Klecka Case Sent for Retrial', 12 December 2012; and Kosova Press, 'Another Two Months Detention on Remand for Limaj', 21 December 2012.
back to topLegally relevant facts
An undefined number of Serbian and Albanian civilians and Serbian military prisoners were detained in the Klecka detention center by the Kosovo Liberation Army (KLA) in what is alleged to be inhumane condiyions, including being chained, in excessive cold, with a lack of proper sanitation and inadequate nutrition, and subject to frequent beatings (pp. 1-2, 4).
A Kosovar-Albanian civilian, who was detained at Klecka and then released, is alleged to have been shot by Naser and Nexhmi Krasniqi, Naser Shala and other KLA members (p. 2, 6-8).
Four Serbian military prisoners who had been detained in Klecka were executed with several rounds of AK-47s and their bodies buried in a mass grave near the grounds of the detention center. It is alleged that Naser and Nexhmi Krasniqi, Naser Shala and two other KLA soldiers were responsible for their deaths (p. 2, 4-5, 9). The same mass grave also held the beaten (allegedly by Naser and Nexhmi Krasniqi) and deceased (allegedly at the hands of Naser Shala) body of another Serbian military prisoner (p. 3, 5-6, 7, 10).
On or about 4 April 1999, two Serbian police officers who had been detained in Klecka were executed with several gun shots fired with a pistol. It is alleged that Naser and Nexhmi Krasniqi, Fatmir Limaj and Naser Shala amongst others were responsible for their deaths (p. 3, 6, 8, 10-11).
back to topSpecific legal rules and provisions
- Articles 22, 142 and 144 of the Criminal Code of the Socialist Federal Republic of Yugoslavia.
- Article 3, common to the 1949 Geneva Conventions.
- Articles 4 and 5(1) of Additional Protocol II to the Geneva Conventions.
back to topCourt's holding and analysis
All Accused were acquitted of all charges (p. 12-15). The judgment does not give reasons.
back to topInstruments cited
- Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (GC I), 12 August 1949, 75 UNTS 35, entered into force 21 October 1950.
- Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (GC II), 12 August 1949, 75 UNTS 81, entered into force 21 October 1950.
- Geneva Convention relative to the Treatment of Prisoners of War (GC III), 12 August 1949, 75 UNTS 135, entered into force 21 October 1950.
- Geneva Convention relative to the Protection of Civilian Persons in Time of War (GC IV), 12 August 1949, 75 UNTS 287, entered into force 21 October 1950.
- Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (AP II), 1125 UNTS 609, 8 June 1977, entered into force 7 December 1979.
- Criminal Code of the Socialist Federal Republic of Yugoslavia, 1 July 1977.
back to topAdditional materials
- M. Ristic, 'Serbia Condemns ‘Shameful’ Limaj Acquittal', Balkan Insight, 3 May 2012;
- Albanian Screen, '“Klecka” Case, Limaj Declared Innocent', 2 May 2012;
- EULEX Kosovo, 'Verdict in Klecka Case', 2 May 2012;
- EULEX Kosovo, EULEX statement on Klecka case, 21 March 2012;
- EULEX Kosovo, Questions and Answers regarding the Klecka Case.
