The Special Court sets new conditions for Hajredin Kuçi

The Kosovo Specialist Chambers (KSC) in The Hague have imposed new conditions in addition to appearing when necessary for Hajredin Kuçi, who is accused of disobeying the court in a case together with Hashim Thaçi, Fadil Fazliu, Bashkim Smakaj and Isni Kilj.

The SPO had requested that Kuçi be given a condition that he not communicate with any of the co-defendants and other persons mentioned in the indictment, such as Fahri Fazliu, Blerim Shala, Artan Behrami and Vllaznim Kryeziu. This measure against Kuçi is also for two other persons whose names have been redacted, reports "Oath for Justice".

This request was approved on December 19, 2024 by the pre-trial judge, Marjorie Masselot, the decision of which was made public on March 17, 2025. Failure to comply with the conditions imposed on Kuçi, according to the decision, resulted in the warrant for his arrest and detention.

According to the SPO, this condition against Kuçi is necessary to protect the proceedings. The Prosecution also argues that given the charges in the confirmed indictment and Kuçi’s ability and intent to misuse confidential information in violation of court orders for the purpose of obstructing the proceedings of the DSK, there is a risk that one or more persons already detained may attempt to coordinate or incite the accused to commit other crimes.

The SPO argues that the only practical and effective measure to avoid any risk to the proceedings is to prohibit Kuçi from having contact with the detained persons and those mentioned in the indictment in this case.

The defense of the now-accused Kuçi did not respond to the Prosecution's request.

Otherwise, in the court's summons to Kuçi, the accused has already been ordered not to discuss with anyone except his lawyer the proceedings initiated against him and the charges. In addition, in this decision, Kuçi is prohibited from communicating directly or indirectly with any potential witness or victim in this case.

Meanwhile, now the SPO has requested a special ban on any contact in any way with the detained persons in connection with this case.

As a result, the pre-trial judge considered that the ZPS's request is only an addition of a condition to the conditions already established in the decision for the summons against Kuçi.

Focusing on Kuçi's co-defendants, the judge mentioned the fact that according to the indictment, they are all accused of disobeying the court.

As a result, Masselot says in her decision that she is convinced that the prohibition of any contact between Kuçi and the persons mentioned in the indictment is necessary for the preparation and conduct of the proceedings and the protection of its integrity.

“Furthermore, with regard to [REDACTED], the Pre-Trial Judge considers that, although they are not charged and/or named in the Confirmed Indictment, they: (i) visited Mr. Thaçi together on [REDACTED], where they discussed the testimonies of the Specialist Chambers’ witnesses; and (ii) were the subject of discussions between Mr. Thaçi and Mr. Kuçi. Consequently, the Pre-Trial Judge is satisfied that the prohibition of any direct or indirect contact between Mr. Kuçi and [REDACTED] is necessary,” the decision states.

At this stage, until further notice, the decision obliges Kuçi to refrain from any communication with Thaçi, Smakaj, Fadil and Fahri Fazliu, Shala, Behrami, Kryeziu, Kilaj, and a person whose name has been redacted.

Meanwhile, as a punitive measure in case of non-compliance with this decision, it was said that an arrest warrant will be issued for Kuçi, as well as his detention.

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

As a result, Thaçi 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 disobedience to the court.

Meanwhile, Kilaj, Smakaj and Fazliu are accused of attempting to obstruct official persons in the performance of official duties and disobeying the court. However, Kuçi has two charges of disobeying the court. / Oath of Justice