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| |  | | Lahi Brahimaj | | | context : | Former Yugoslavia  | | judgement place : | ICTY (Yugoslavia) | | status : | Sentenced | | particulars : | Trial began on 5 March 2007; sentenced to 6 years imprisonment on 3 April 2008 | | position : | Second in command of army general staff operations in Dukagjin |
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| | | | Lahi Brahimaj was indicted by the Prosecutor of the ICTY on 4 March 2005, together with Ramush Haradinaj (see "related cases").
Proceedings against him were taken up on the basis of his individual criminal responsibility (Art. 7 § 1 ICTY Statute) and also on the grounds of his superior hierarchical responsibility (Art. 7 § 3 ICTY Statute).
The bill of indictment formally accused him of having:
- ordered and supervised the infliction of cruel treatment, torture and murder on the detainees of the Jablanica detention centre in his position as commandant of this centre a role reinforced due to his rank as second in command of the army general staff and local leader of the UCK
- participated personally in these acts of torture cruel treatment and murder;
- personally abducted and possibly killed a civilian (who is still officially listed as missing).
Lahi Brahimaj is currently held in the ICTY detention facility, following his surrender on March 9, 2005. During his initial appearance, on March 14, 2005, he pleaded not guilty on all counts of the indictment.
His trial began on March 5, 2007.
The Trial of Brahimaj and his two co-accused (Ramush Haradinaj and Idriz Balaj, see "related cases") began on 5 March 2007,
All the way through the trial, the prosecutor denounced the pressure exerted upon prosecution witnesses. Several of the witnesses refused to appear before the Tribunal. The judges issued three indictments for contempt of court. According to a Tribunal source, three witnesses were allegedly assassinated, but the prosecutor did not present any evidence to support such allegations. For the first time in the Tribunal's history, the defence decided at the end of November 2007 not to call on any witnesses.
The closing arguments were presented on 21 January 2008. The prosecutor asked for 25 years imprisonment for each of the three accused.
On 3 April 2008, Haradinaj and Balaj were acquitted of all the charges. Brahimaj was sentenced to six years’ imprisonment for cruel treatment and torture of two persons at the Jablanica/Jabllanicë headquarters of the Kosovo Liberation Army (KLA).
The Trial Chamber ordered the immediate release of Haradinaj and Balaj from the Detention Unit. Brahimaj returned to the Tribunal’s detention unit where he will await the enforcement of his sentence of six years’ imprisonment. Credit was given for the time Brahimaj has spent in custody since March 2005.
An appeal has been lodged and the case is pending before the Appeals Chamber. | |    | | Trial Watch would like to remind its users that any person charged by national or international authorities is presumed innocent until proven guilty. | |  |  | | nationality : | | | Albania | | | date of birth : | | | 26.01.1970 | | | also known as : | | | Maxhup | | | last time seen : | | | The Hague, Netherlands | | | period of charges : | | | 01.03.1998 - 30.09.1998 | | | judgement period : | | | 05.03.2007 - 03.04.2008 | | | charges : | | | Crimes against humanity
Torture
War crimes | | | profile last modified : | | | 08.03.2010 |
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