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The Hague Court orders the former KLA member to pay 208,000 euros to his victims

2024-11-29 13:03:50Kosova&Bota SHKRUAR NGA REDAKSIA VOX
The Hague Court orders the former KLA member to pay 208,000 euros to his victims
Peter Shala

Pjetër Shala, a former member of the Kosovo Liberation Army (KLA), who was convicted of war crimes by the Special Court, was ordered to compensate his victims in the amount of 208,000 euros.

Shala was sentenced to 18 years in prison on July 16 by the Specialized Court for War Crimes of Kosovo, based in The Hague.

He was found guilty of arbitrary detention and torture against at least 18 people, and one count of unlawful killing against one person, on or about June 5, 1999, at the metal factory in Kukës, Albania.

According to the Court, the victims were mostly Kosovar Albanians who suffered damage from other Kosovar Albanians.

Shala, known by the nickname "Wolf", has previously pleaded not guilty to all charges.

In announcing the compensation order on November 29, 2024, the court found that there are eight victims who will receive compensation.

The first victim, with direct damages, according to the Court, is expected to receive 100,000 euros in compensation for physical, mental and material damages.

This is because according to the preliminary decision, with which Shala was sentenced, the aforementioned victim was arbitrarily detained, in which case she was physically and mentally ill-treated with long-term consequences.

On the other hand, the remaining amount has been divided into individual and collective compensations for the other seven, non-direct victims, namely family members of the victims from Shala's judgment.

The judge of the Special Court, Mappie Veldt-Foglia, while pronouncing the decision, said that as far as the execution is concerned, "the responsibility for the payment falls exclusively on Shala".

However, according to her, from the information received by the judicial panel, Shala currently does not have the material means to make this compensation.

Therefore, according to the judge, it currently remains unclear how these victims will be compensated according to the compensation order.

"Kosovo has not taken any steps to prepare for the needs to provide compensation to the victims from the Special Court cases," she said.

The Special Court has announced that it will appoint a specific judge to monitor the implementation of orders for compensation, and has called on Kosovo institutions to provide funds for the compensation of victims according to the decisions of this court.

Shala is the fourth person who has already been sentenced by this court, while the second person who has been ordered to compensate the victims.

How is the compensation of the victims foreseen within the Special Court?

In the law, through which the Special Court was established, it is foreseen that the ascertained victims of crimes within the jurisdiction of this court, have the right to compensation.

The law provides that the court may issue a direct order for compensation or, in some cases, instruct victims to file civil lawsuits in other Kosovo courts.

In the case of Pjetër Shala, the court gave a direct order to compensate the victims.

According to the current legislation, there are small possibilities of compensating these victims from the budget of Kosovo, if they are not compensated by the convicted person, as in this case.

This is because during the drafting of the laws, with which the Special Court was established, no special fund was foreseen to compensate the potential victims that emerge from this process.

The only form within Kosovo's legislation for this compensation is through the current law on victim compensation, which is a law that includes all victims of crimes in Kosovo, not only those determined by the Special Court.

This law provides that victims of crimes committed within the territory of Kosovo can be compensated by the state program, in cases where for one reason or another they cannot be compensated by the person who committed the crime against them.

However, within this law there are limits on the maximum amounts that individual crime victims can receive.

Depending on the type of damages that the victim of a crime may have suffered, this law provides compensation amounts up to 4 thousand euros and in very special cases up to 10 thousand euros.

These amounts do not cover the amounts provided in the compensation order for the victims of Pjetër Shala.

For now, it is not known whether the victims have received the compensation of 207 thousand euros from the previous order for compensation in the case of Salih Mustafa, another convicted by the Special Court, in 2022. /REL/ 


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