The Constitutional Court of the Kosovo Specialist Chambers (CSCC) in The Hague has rejected Hashim Thaçi's appeal regarding allegations of violations of his fundamental rights during the proceedings in the case against the administration of justice.
Through lawyers Sophie Menegon and Luka Mishetić, Thaçi submitted the complaint on December 29, 2025, reports "Oath for Justice".
In his appeal, Thaçi claims that the appointment of the judge who authorized the special investigative measures, also as a pre-trial judge, was not in accordance with the law.
In addition, the complaint states that Thaçi's rights to respect for private and family life have been violated due to the special investigative measures authorized by the judges in question.
“The Applicant also complained that the special investigative measures and other measures authorized against him were not taken “in accordance with the law”, since the single judge in the investigative file and the pre-trial judge in Case 12 were appointed in violation of Article 33 of the Law. According to the Applicant, this constituted a violation of his right to respect for private and family life under Article 36 of the Constitution and Article 8 of the Convention”, the decision states.
The Constitutional Court has declared the complaints filed by Hashim Thaçi inadmissible, assessing that they are premature and unfounded. It states that according to the Constitution and the Law on Specialized Chambers, individuals may only turn to it when there is a clear appearance of a constitutional violation and after effective legal remedies have been exhausted.
The DSK also rejected the allegations of violation of the right to respect for private and family life, assessing that they were formulated in a general manner and without specifying concrete decisions or measures that would constitute a violation of Article 36 of the Constitution and Article 8 of the European Convention on Human Rights.
“The Chamber also finds that the Applicant’s complaint regarding the violation of his right to respect for private and family life under Article 36 of the Constitution and Article 8 of the Convention, due to the measures authorized against him, is unsubstantiated and does not disclose the appearance of a violation of the Applicant’s constitutional rights. Therefore, this part of the Referral must also be declared inadmissible in accordance with Rule 14 (f) of the Rules of the Court of Kosovo,” the decision states.
Otherwise, the start of the trial against Hashim Thaçi, Bashkim Smkaj, Isni Kilaj, Fadil Fazliu and Hajredin Kuçi for criminal offenses against the administration of justice is scheduled for February 27, 2026.
Hashim Thaçi has been in the Detention Center in The Hague since November 2020. He is being tried for war crimes, and in 2024 he was indicted for obstruction 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; Fazliu Group (Fadil Fazliu and FahriFazliu), Smakaj Group (Bashkim Smakaj, Blerim Shala and Artan Behrami) and 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. Likewise, Fadil Fazliu has also submitted his file for this phase of the procedure, which you can find HERE. Meanwhile, Thaçi's file HERE. /Oath to Justice/
