THE HAGUE (NETHERLANDS), Dec 16 (AP): A former commander in the Kosovo Liberation Army was found guilty on Friday of arbitrarily detaining and torturing prisoners perceived as supporters of Serbia during the country’s conflict to break away from Serbia, and murdering one of them.
It is a “milestone” first war crimes conviction by a special court based in the Netherlands.
The commander, Salih Mustafa, was sentenced to 26 years’ imprisonment for the crimes committed at a KLA compound in Zllash, Kosovo, in April 1999.
He was acquitted of one charge of mistreating detainees. He had pleaded not guilty to all charges.
Mustafa, wearing a suit and tie, stood in silence as Presiding Judge Mappie Veldt-Foglia pronounced the verdicts and his sentence.
Friday’s judgment comes at a time of tense relations between Kosovo and its neighbour Serbia, with Serbian President Aleksandar Vucic on Thursday demanding that Serb security forces return to the breakaway former Serbian province, despite warnings from the West that such calls are unlikely to be accepted and will only stoke tensions in that part of the Balkans.
Mustafa was arrested in 2020 in Kosovo and sent to the Netherlands to stand trial at the European Union-backed Kosovo Specialist Chambers, a branch of the country’s legal system set up specifically to deal with allegations of war crimes committed as ethnic Albanian rebels united in the Kosovo Liberation Army fought a bloody conflict to break away from Serbia in 1998-99.
Kosovo’s former president, Hashim Thaci, also has been detained by the court and is awaiting trial with other suspects on charges including murder, torture and persecution. He denies all allegations.
Thaci served as a guerrilla leader during Kosovo’s war for independence before rising to political prominence in the aftermath of the conflict that killed more than 10,000 people.
Veldt-Foglia called Friday’s judgment a “milestone for the specialist chambers” that could lead to “further reconciliation among communities in Kosovo”.
The victims were accused by KLA fighters of collaborating with Serbs or not supporting the KLA.
Veldt-Foglia said the trial was focused solely on Mustafa’s individual criminal responsibility for war crimes — and stressed that the KLA and the people of Kosovo were not targeted in the case. “Nothing could be further from the truth,” she said.
She also paid tribute to witnesses who testified in the trial, saying they did so “in a pervasive climate of fear and intimidation that persists in Kosovo to this day”.
Mustafa was commander of the KLA’s BIA guerrilla unit that had its base at the Zllash compound where the crimes were committed in April 1999. As well as commanding the unit involved in the crimes, Mustafa personally mistreated two detainees, the court ruled.
“He subjected one of them to a mock execution. He also beat him repeatedly all over his body,”Veldt-Foglia said.
The murder victim died of a combination of severe mis-treatment, denial of medical aid and gunshot wounds. While the court could not establish who had shot the victim, it ruled that the abuse and lack of medical aid “are exclusively attributable to acts and omissions of Mr. Mustafa and his BIA subordinates”.
