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Specialist Prosecutor v Mustafa (Salih), Second decision on review of detention, Case No KSC-BC-2020-05/F00068, ICL 2058 (KSC 2021), 25th 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: 29 June 2022

Whether, and to what extent, the accused’s increased knowledge of the scope of the case and evidence against him bore on the assessment of the risk of flight to the requisite standard.

Whether and to what extent the accused’s increased knowledge of incriminating evidence, including the identity of witnesses, bore on the assessment of the risk of obstruction of the proceedings by interference with witnesses and victims.

Whether, and to what extent, the accused’s increased knowledge of incriminating evidence bore on the assessment of the risk of commission of further crimes.

Whether the conditions proposed by the Defence for conditional release, or any other limitation imposed by the Pre-Trial Judge, could mitigate the risks of flight, obstruction of the proceedings, and commission of further crimes justifying the continuity of detention.

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