The Special Tribunal for Kosovo (TEK) has sentenced former Kosovar President Hashim Thaci to 25 years in prison this Wednesday after considering him responsible for war crimes, including murder, torture, and illegal detention, committed during the conflict in the territory between 1998 and 1999.
According to the court's details, both Thaci, who led the Albanian-Kosovar paramilitary squad of the Kosovo Liberation Army (ELK) during the conflict, and the other three defendants -- Kadri Veseli, Rexhep Selimi, and Jakup Krasniqi, high-ranking officials of the organization -- have been found guilty of war crimes for the arbitrary detention of 385 people, the "cruel treatments" inflicted on 49 of them, the torture of 303, and the murder of 96 individuals.
However, the court has acquitted them of the charges of crimes against humanity, understanding that the Prosecutor's Office has not managed to prove beyond a reasonable doubt the existence of a systematic attack against the civilian population. Likewise, they have been acquitted of several specific episodes for which they were also attributed war crimes.
The TEK has specified that Thaci receives a sentence of 25 years in prison, identical to that imposed on Krasniqi, while Veseli has been sentenced to 18 years and Selimi to thirteen years in prison. In all cases, the time already spent in pre-trial detention awaiting trial will be deducted.
The judges have concluded that all of them "significantly contributed" to the purpose of attacking individuals considered opposed to the political and military objectives of the ELK, including Albanian-Kosovar citizens linked to other political formations or armed structures, individuals associated with Serbian authorities, and members of minorities such as Roma or Serbs.
The actions against these victims included murders, irregular arrests, mistreatment, abuse, threats, and intimidation, according to the ruling, which emphasizes that "the vast majority of them were innocent civilians."
Regarding Thaci specifically, the court has determined that, as the highest responsible of the ELK, he was "key" in the "formulation and common execution that involved establishing detention centers, identifying individuals perceived as opponents of the ELK, detaining them, and, if necessary, killing them."
In this same line, the court highlights that the former president participated directly in several crimes, including the detention, arbitrary arrest, and interrogation of thirteen parliamentarians, as well as in the detention and murder of Behadjin Allaqi, a prominent leader of the independence movement and member of the Kosovo Liberation Army whose whereabouts remain unknown.
The TEK has added that Thaci spread false information about the detained individuals and the victims of the crimes committed by members of the ELK, offered false guarantees on behalf of the group regarding the respect for International Humanitarian Law, and favored a policy of impunity for those responsible for abuses against their opponents.
The ELK fought against Serbian forces with the aim of achieving independence for the province, which has a majority Albanian population. The independence, unilaterally declared in 2008 --and which to this day has not been recognized by several states, including Spain-- materialized after NATO's intervention, which in 1999 carried out a bombing campaign over Serbia without prior authorization from the United Nations Security Council.
Kosovo qualifies the verdict as a "parody"
The Prime Minister of Kosovo, Albin Kurti, has harshly criticized the judicial decision, which he has defined as a "parody of justice," and has announced that he will use all mechanisms available to the Government to support those convicted in the filing of appeals.
In a long message published on his social networks, he reproached that the court has avoided pronouncing on the "legitimacy or justice" of what he describes as the "liberation war" of Kosovo and, instead, has focused on the charges of war crimes, conclusions that he considers "unjust and offensive."
The head of the Kosovo government has insisted that "the serious injustice of the charges by the Prosecutor's Office has been pointed out (...) by renowned international figures who witnessed the conflict firsthand and testified before the court," although he has not mentioned specific identities, and has defended that the ELK acted as a "bulwark against the brutal repression exercised against the Albanians."
In this context, he has attacked the Serbian authorities, of which he has stated that "for more than a century (...) their goal has been the elimination of the Albanian ethnicity," for which he has emphasized that "resistance is a matter of survival."
For his part, the President of Serbia, Aleksandar Vucic, has also expressed his discomfort with the resolution, which, in his opinion, should not be received with "any kind of euphoria," and has criticized that the judges have exonerated the accused of crimes against humanity.
In an appearance before the press reported by the RTRS network, he has denounced that the ruling omits "the crimes committed against Serbs after June 20, 1999," lamenting that "some of them are the most serious crimes imaginable."
Still, he has stressed that Serbia's priority is to maintain peace and stability. "A great injustice has been committed (...) However, the solution for the future lies in conversation, greater understanding, and dialogue with everyone," he has stated.