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The Hague/ Fazliu declares himself innocent, Thaçi and Smakaj do not comment on the accusations of the Special
2024-12-08 23:03:29 / KOSOVA
The former president of Kosovo, Hashim Thaçi, and the former leader of the Kosovo Intelligence Agency, Bashkim Smakaj, have not declared about the indictment brought against them for influencing witnesses. Meanwhile, the veteran of the Kosovo Liberation Army, Fadil Fazliu, has pleaded not guilty. Thaçi was the first to appear before the Specialized Chambers in The Hague. During the session, he said that he will not testify, as he has not read the indictment in its entirety.
In his presentation, Thaçi said that "quite suddenly 2-3 days ago" he was informed about the new indictment and he did not have time to discuss this document with his defense team. "All of a sudden, 2-3 days ago, I was notified of the new charge by the Specialized Prosecutor's Office. I know that Kosovo is on the verge of general elections. But I am not part of the electoral race, I do not pose a danger to anyone. Therefore, I ask even today - I respect and believe in the Constitution and the laws of Kosovo - from everyone, wherever you are sitting, on which side or in whatever uniform you are in this hall, to respect the Constitution and the laws of Kosovo", said Thaçi. The accused before the Specialized Chambers have a deadline of 30 days to declare about the charges brought against them. "I still haven't read them in their entirety, so I have to read them to understand them," said Thaçi.
After Thaçi's statement, the judge asked for a short break, as Thaçi's lawyer asked for time to give him instructions. After that, Thaçi clarified that when he was first asked by the judge if he understood the charges against him, he did not understand the question well. The judge asked the parties to set a date for Thaçi's self-declaration. The defense said that it is agreed that on January 7, 2025, Thaçi will testify about the indictment. Judge Marjorie Masselot said she will issue a ruling on the case later.
During the first appearance, which lasted almost 45 minutes, Thaçi said that he, his family and the Kosovar society are waiting for the end of the process against him and said that he is waiting for justice. Judge Marjorie Masselot decided that Thaçi should remain in the detention center - where he has been held for four years because of the other case against him - despite the defense lawyer, Nina Tavakoli, saying that there is no risk of his client escaping.
On November 29, a new indictment was filed against Thaçi, the former Minister of Justice, Hajredin Kuçi, the former head of the Kosovo Intelligence Agency, Bashkim Smakaj, the former mayor of Malisheva, Isni Kilaj, and Fadil Fazliu, which was public on December 6.
At the start of the hearing, the pre-trial judge, Marjorie Masselot, summarized the case against the five accused and he read the rights to Thaçi. Meanwhile, the Specialized Prosecutor's Office read the charges against Thaçi and the other four accused. Meanwhile, in his first appearance before the Specialized Chambers, Bashkim Smakaj said that he wants to use the 30-day period to plead for the charges against him.
He said in court that he made this decision after consulting his lawyer, as he expects to receive additional materials for the case against him. His lawyer asked for his release from custody and said that Smakaj is ready to give a guarantee of 5,000 euros for bail and hand over his passport. The defense argued that he is not a flight risk. The prosecution, meanwhile, said that if Smakaj were to be released on bail, he would be able to interfere with witnesses or commit other criminal acts.
The judge, after a break in the session, said that the arguments of the defense were not enough to change her assessment regarding Smakaj's detention. She said that her decision to detain Smakaj for two months stands. The third hearing was the appearance of Fadil Fazli before the Court in The Hague. He said that he consulted his lawyer before the hearing and pleaded not guilty to the charges against him. "I also talked with the lawyer an hour ago. But I am innocent, I plead not guilty", he said. Even in the case against Fazli, the judge did not accept the arguments of the defense for his release from detention.
What does the new indictment say?
In the redacted version of the 15-page indictment, it is said that Thaçi met with the other four accused in the detention center in The Hague, where it is claimed that he gave them instructions on how to testify in the case against him. The trial against Thaçi and the other former leaders of the Kosovo Liberation Army, Kadri Veseli, Jakup Krasniqi and Rexhep Selimi, who are accused of war crimes and crimes against humanity, is currently underway in The Hague.
On December 5, Kilaj, Smakaj and Fazliu were arrested and a day later they were sent to the detention center in The Hague. Meanwhile, the court has issued a summons to Kuç to appear before the Specialized Chambers of Kosovo, with headquarters in The Hague. Kuçi will make his first appearance before the court on December 9. On the same day, Isni Kilaj will make his first appearance. He was scheduled to appear on Sunday, but his defense has asked for the hearing to be adjourned for a day.
Thaçi is accused of coordinating "three separate groups" together with Smakaj, Kilaj, Kuçi and Fazliu to influence the testimonies of the Prosecution's witnesses in the case against him and others for war crimes.
The indictment claims that criminal offenses against the administration of justice were committed from April 12, 2023 to November 2 of the same year, during non-privileged visits to the detention facility in The Hague between Thaçi and other accused persons.
In the new indictment, Thaçi is charged with three charges of attempting to obstruct official persons in the performance of official duties, by participating in the joint action of a group; four charges of breaching the confidentiality of proceedings, and four charges of disobeying the court.
Fazliu, Smakaj and Kilaj are accused of attempting to obstruct official persons in the performance of their official duties, by participating in the joint action of a group, and of disobeying the court. Kuçi faces two charges of disobeying the court.
The Specialized Chambers of Kosovo have so far announced two verdicts for obstruction in the administration of justice.
Two former figures of the KLA Veterans Organization, Hysni Gucati and Nasim Haradinaj, have been convicted for obstructing justice until now.
Meanwhile, the Special Court has also pronounced two verdicts for war crimes. The Special Court was established in 2015 by the Assembly of Kosovo and is part of the judicial system of Kosovo, but operates with international personnel and is headquartered in The Hague.
The Specialized Chambers and the Specialized Prosecutor's Office – also known as the Special Court – investigate alleged crimes by members of the Kosovo Liberation Army against ethnic minorities and political rivals from January 1998 to December 2000. The fear of witness intimidation was one of the reasons why this Kosovo court is located in The Hague and not in Pristina, "taking into account that it is about sensitive issues and the fact that some of the suspects in certain parts of Kosovar society can be considered as freedom fighters", it was said in the communique of the Government of the Netherlands, issued as early as 2016, when it was decided for this court./Rel/
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