At the Kosovo Specialist Chambers (KSCC) in The Hague, a decision has been made to extend the detention of Hashim Thaçi, Bashkim Smakaj and Fadil Fazliu, who, together with Isni Kilaj and Hajredin Kuçi, are accused of criminal offenses against the administration of justice.

Separate decisions for each were made by the sole judge in the case, Christoph Gosnell, reports “Oath of Justice".

The decision for Thaçi

In the case where Thaçi is accused of leading three separate groups to influence Prosecution witnesses in the case in which he, along with Kadri Veseli, Rexhep Selimi and Jakup Krasniqi, are accused of war crimes and crimes against humanity, Thaçi's detention has been extended for another two months.

Thaçi's defense had argued that its client does not pose a flight risk and that the imminent conclusion of the war crimes evidence phase, as well as the transfer of this case to the trial phase, together with the nature of the Prosecution's evidence, justify a new assessment of the alleged risks of obstruction of proceedings and the commission of other crimes by him.

Judge Gosnell said that since the Appeals Chamber has found that if one of the conditions for continued detention is met, then the other conditions may not be considered. Consequently, he decided not to consider whether Thaçi poses a flight risk if released.

But, on the other hand, it has been found that he could influence witnesses, obstruct proceedings and consequently commit other crimes.

According to the judge, none of the alternative conditions can reduce the risks arising from this process.

The decision for Smakaj

Gosnell had said that he believed there was a risk that if released, Smakaj could hinder the progress of the DSK proceedings based on the nature of the charges against him, which include allegations of witness tampering.

It was also found for Smakaj that the risk of witness tampering has been reduced after the presentation of evidence by the Prosecution and Defense in the case against the former KLA leaders has been closed.

However, it is said that Smakaj could influence the defense witnesses in the current case. Consequently, it is said that Smakaj could obstruct the proceedings and commit other crimes if he is released.

Thus, the judge found that none of the conditions previously proposed by the defense could sufficiently mitigate the risks that arise if Smakaj is released on bail.

The decision for Fazliu

Judge Gosnell, in his first decision to extend Fazliu's detention, similarly to the other two defendants, said that there is a reasonable suspicion that he has committed criminal offenses that fall within the jurisdiction of the Kosovo Criminal Court.

Based on the fact that the Appeal has stated that if one of the conditions for the imposition of detention is met, the other conditions should not be considered. Consequently, Gosnell did not consider it necessary at this time to make findings regarding the risk that Fazliu may flee.

Meanwhile, it has been determined that there is a real risk that Fazliu could hinder the progress of the DSK procedures.

On the other hand, the judge found that the risk of obstruction of Prosecution witnesses has been reduced compared to previous detention review periods.

“The single judge notes that the witnesses who will appear for the SPO, taking into account their circumstances, are not expected to be subject to any influence from Mr. Fazliu or from anyone who may act on his behalf,” the decision states.

However, the judge found that there is a risk that Fazliu will influence potential defense witnesses and, if released, could hinder the progress of the DSK proceedings. Consequently, he could commit other crimes.

The single judge said that any possible condition that could be imposed does not address the possibility that Fazliu could use other people's communication devices, Fazliu's communications with his son, who is mentioned in the indictment, cannot be fully monitored, and any measure imposed cannot be as effective as a detention center.

Otherwise, Hashim Thaçi has been in the Detention Center in The Hague since November 2020. He is being tried for war crimes, and last year he was indicted against the administration of justice.

Regarding the case against the administration of justice, Bashkim Smakaj, Fadil Fazliu and Isni Kilaj were arrested on December 5, 2024 in Kosovo and transferred to the detention facility at the Kosovo Prison Service on December 6, 2024 based on the confirmed indictment and arrest warrants issued by The Hague.

Meanwhile, Thaçi was handed the arrest warrant at the detention facility in The Hague on December 5, 2024, always according to the announcement of the SC.

Meanwhile, Hajredin Kuçi was served with the confirmed indictment and a summons to appear before the pre-trial judge for his first appearance, which was held on December 9.

According to the indictment, Thaçi, individually and through joint actions with the groups; the Fazliu Group (Fadil Fazliu and Fahri Fazliu), the Smakaj Group (Bashkim Smakaj, Blerim Shala and Artan Behrami) and the Kilaj Group (Isni Kilaj and Vllaznim Kryeziu), have followed a pattern of behavior to obstruct official persons in the performance of official duties.

The indictment states that Thaçi has led and participated in these efforts through his visits to detention facilities while he was detained as part of his trial for war crimes and crimes against humanity.

It states that the members of the Fazliu Group, the Smakaj Group and the Kilaj Group coordinated to influence the ZPS witnesses during the non-privileged visits on July 2, September 9 and October 6, 2023.

As a result, Thaç is charged with three charges of obstructing an official in the performance of official duties, three charges of breaching the secrecy of the procedure and four charges of disobeying the court.

Meanwhile, Kilaj, Smakaj and Fazliu are accused of attempting to obstruct officials in the performance of official duties and disobedience to the court. Meanwhile, Kuçi has two charges of disobedience to the court. In this case, the Prosecution has submitted the preliminary file and you can find it HERE. Also, Fadil Fazliu has submitted his file for this phase of the procedure, which you can find here. HEREWhile, that of Thaçi HERE. /Oath of Justice/

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