Former President Hashim Thaçi, represented by lawyer Sophie Menegon, has announced that he will file an appeal with the Constitutional Court of the Kosovo Specialist Chambers (CSCC) in The Hague, after the Appeals Chamber rejected his motions regarding the separation of proceedings and the opposition to the decision to confirm the indictment against him, stating that it is not in accordance with the jurisdiction of the CSCC.
For these two complaints, the Appeals Court had made a decision on October 28, 2025. Meanwhile, now the defense says that it will exercise the right to refer to the Constitutional Court for violations of Thaçi's rights which, according to them, were not resolved by the Appeals Court's decision, reports "Oath for Justice".
As a result, the defense says it is seeking a final decision on these issues raised by them before the court file is passed to the trial panel.
Otherwise, the defense had argued that the proceedings against Thaçi should be separated and the trial postponed until a decision is made in the war crimes case, arguing that there is a risk that parallel trials will lead to different factual findings, violating the presumption of innocence and legal certainty.
The defense also claimed that the principle of “res judicata” applies in relation to the previous case for obstruction of justice.
The defense also objected to the appointment of Judge Marjorie Masselot as the investigative and preliminary procedure judge, alleging a violation of Article 33 of the Law on the Criminal Procedure Code.
The claim for Masselo, according to the Appellate Body, does not relate to jurisdiction under the relevant rules Rule 97 (1) (a). According to the Appellate Body, this issue is outside their competence and was therefore dismissed.
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 groups; The Fazliu Group (Fadil Fazliu and Fahri Fazliu), the Smakaj Group (Bashkim Smakaj, Blerim Shala and Artan Behrami) as well as the Kilaj Group (Isni Kilaj and Vllaznim Kryeziu), have followed a pattern of behavior to hinder 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 members of the Fazliu Group, the Smakaj Group and the Kilaj Group coordinated to influence 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.
