Following the conditional release of Haxhi Shala, the Kosovo Specialist Chambers have also decided on the conditional release of Bashkim Smakaj and Fadil Fazliu.
According to the official announcement, on February 10, 2026, Smakaj and Fazliu were released on bail and returned to Kosovo, following the final review of their detention by the Single Judge in the Specialized Prosecutor's case against Hashim Thaçi and others, known as "Case 12".
In decisions taken on 3 February 2026, the judge found that the circumstances had changed since the last detention review in December 2025 and that their continued detention was no longer reasonable and proportionate.
Although it was assessed that there was still a limited risk of obstruction of the judicial process, the judge concluded that the fundamental right to liberty outweighed these risks.
As additional factors, it was taken into account that the time spent in detention by Smakaj and Fazliu exceeds the minimum sentence that could be imposed in the event of a conviction.
The court also emphasized that the stage of presenting evidence in the trial against former KLA leaders has already been completed, assessing that any eventual attempt to obstruct the process would be detectable.
The judge also found that there was no risk of flight, especially considering the amount of financial bail offered by the accused, which would be forfeited in the event of a breach of the conditions of release.
Smakaj and Fazliu remain charged in the current trial and their conditional release is accompanied by a number of measures and restrictions. Publicly redacted versions of the decisions have been published on the official website of the Kosovo Specialist Chambers.
The KSC recalled that, in accordance with international fair trial standards and the Constitution of Kosovo, pre-trial detention is permitted only when there are concrete risks and that these risks are reviewed every two months by the court. /Telegraph/
