The ICTY’s final judgment in the trial of General Gotovina and General Markac brings no justice to the victims. According to the appellate decision for acquittal, no form of state responsibility of the Republic of Croatia has been established for the crimes committed during and after Operation Storm. Accordingly, no joint criminal enterprise has been established, nor even the generals’ individual criminal responsibility.
Humanitarian Law Center Kosovo has published the analyses from the trial “Arben Krasniqi et al”, known as “Klecka case”.
The Humanitarian Law Center, who represented the families of those persons executed at Ovčara before the War Crimes Chamber of the Belgrade District Court (hereinafter the War Crimes Chamber), believes that the ICTY Appeals Chamber gave undo trust to a witness in the case.
On November 25, 2010, the mixed Trial Chamber of the Supreme Court of Kosovo, presided by Justice Martti Harsia, upheld the judgment of the District Court of Peć/Pejë handed down on November 19, 2009 sentencing the accused Idriz Gashi to 14 years in prison for the war crime committed against a civilian.
On November 9, 2010 the mixed Trial Chamber of the District Court of Peć/Pejë, Kosovo, presided by Justice Ingo Risch, sentenced former member of the reserve force of the Ministry of the Interior of the Republic of Serbia (MUP Serbia) Vukmir Cvetković to seven years in prison for committing a war crime against civilian populations, as stipulated in Article 142 of the Criminal Code of Yugoslavia, and as an accomplice to committing such a crime, with respect to Article 22 of the Criminal Code of Yugoslavia.
On September 16, 2010 the Municipal Court in Peć/Pejë convicted Bekim, Engjell, and Prenk Luli of acts of perjury and sentenced them to suspended jail sentences of five months. In a separate trial, the court convicted Gjerg Luli and Kole Krasniqi of the same crimes. Kole Krasniqi is the only one whose jail sentence was not suspended and must be serevd.
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A mixed trial chamber of the Kosovo Supreme Court, presided by international judge Gerrit-Marc Sprenger, confirmed on January 1st 2010 the first instance judgement rendered by the Peć/Pejë District Court and sentenced Bedri Krasniqi to 27 years of imprisonment for the murder of two and attempted murder of one member of the Kosovo Police Service.
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