Today, the ICTY Appeals Chamber rendered its judgment in the case (No. IT-03-66) against former Kosovo Liberation Army (KLA) officers Fatmir Limaj, Isak Musliu, and Haradin Bala. The Trial Chamber, in a judgment delivered on November 30, 2005 , found Limaj and Musliu not guilty of all charges regarding their alleged involvement in crimes committed at the Llapushnik/Lapušnik prison camp in Kosovo in 1998. The Trial Chamber found Bala, a guard at the camp, guilty of torture, cruel treatment, and murder. He was sentenced to 13 years imprisonment. Both Bala and the Prosecutor appealed that decision. The Prosecutor also appealed the acquittals of Limaj and Musliu.In today's decision (not yet available online; press release here), the Appeals Chamber dismissed the appeals, confirming the acquittals of Limaj and Musliu and affirming Bala's conviction and sentence. With regard to Limaj, the Appeals Chamber concluded that "the Trial Chamber reasonably found that [he] does not incur criminal responsibility [under a theory of command responsibility] for any of the offences charged in the Indictment." Concerning Musliu, the Appeals Chamber (Judge Schomburg dissenting) concluded that the Trial Chamber's decision "that [he] was not present inside the prison camp and did not participate in the operation of the Lapušnik prison camp" reasonably reflected the evidence. And regarding Bala, the Appeals Chamber rejected his claims of mistaken identity and alibi. The Appeals Chamber also rejected the Prosecutor's contentions that a systemic joint criminal enterprise existed in the prison camp.
