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Specialist Prosecutor v Thaҫi (Hashim) and ors, Decision on Kadri Veseli's application for interim release, Case No KSC-BC-2020-06, KSC-BC-2020-06/F00178, ICL 2057 (KSC 2021), 22nd January 2021, Kosovo (disputed); Kosovo Specialist Chambers and Specialist Prosecutor's Office [KSC]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 24 May 2022

Whether a decision reviewing a request for interim release required a de novo review of the need of detention by assessing anew the factual foundations of the existence of the risks justifying detention.

Whether the Specialist Prosecutor’s Office bore the burden of proving the need for pre-trial detention.

Whether the risk of commission of further crimes, under Article 41(6)(b)(iii) of the Law on Specialist Chambers and Specialist Prosecutor’s Office (‘KSC Law’), was concerned with crimes identical to those underlying the charges and necessarily required the risk of physical execution.

Whether the risks contemplated under Article 41(6)(b) of the KSC Law, justifying the need for detention, continued to exist and, if so, could be adequately addressed by the proposed conditions by the Defence or any others imposed by the Pre-Trial Judge.

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