The Court of Appeals Panel in the case of the Specialist Prosecutor v. Hysni Gucati and Nasim Haradinaj, composed of Judges Michèle Picard, Kai Ambos and Nina Jørgensen, today issued the first appeal judgment of the Kosovo Specialist Chambers (KSC).
Eleanor appeared as co-counsel, with Jonathan Elystan Rees KC and Huw Bowden of Bowden Jones.
The Appeals Panel affirmed Mr Gucati’s and Mr Haradinaj’s convictions for intimidation during criminal proceedings (count 3), violating the secrecy of proceedings through the unauthorised revelation of secret information disclosed in official proceedings (count 5), and violating the secrecy of proceedings through the unauthorised revelation of the identities and personal data of protected witnesses (count 6). The Appeals Panel further affirmed, Judge Ambos dissenting, Mr Gucati’s and Mr Haradinaj’s conviction for obstructing official persons in performing official duties by serious threat (count 1).
The Appeals Panel reversed the Trial Panel’s finding related to the obstructing official persons in performing official duties by participating in the common action of a group (count 2) and acquitted Mr Gucati and Mr Haradinaj on this count.
In view of their findings, the Appeals Panel by majority reduced Mr Gucati’s and Mr Haradinaj’s sentences of four and a half years imposed by the Trial Panel to four years and three months of imprisonment, with credit for time served. The Appeals Panel affirmed the additional sentence to pay a fine of one hundred euros (100 EUR) each.
A summary of the Appeal Judgment can be found on the KSC website.
Mr Gucati’s legal team intends to appeal today's decision to the Supreme Court of the Specialist Chambers.
Eleanor Stephenson is a British barrister specialising in international criminal law and human rights. She acts in a range of Chambers’ practice areas including, extradition & international law, criminal law, and public inquiries & inquests.
