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Defense requests Hashim Thaçi's release from the Special Court
2026-04-05 20:46:04 / KOSOVA
Hashim Thaçi's lawyer, Luka Misetic, has requested from the Special Court to declare him innocent on all counts of the indictment and his immediate release. He has also opposed the prosecution's request for 45 years in prison, stressing that there is a discrepancy between the current laws of Kosovo and those of the former Yugoslavia.
In the final court file, the defense of former Kosovo President Hashim Thaçi has asked the Special Court to declare him innocent and immediately release his client.
In the conclusion of this file, lawyer Misetic emphasized that the Trial Panel is asked to declare Thaçi not guilty on all counts of the indictment and order his immediate release.
The document states that, if the Trial Panel nevertheless decides to consider the issue of sentencing, Thaçi should be granted a reduced sentence, arguing that the maximum possible sentence of 15 years is unnecessary.
"In the event of any conflict between the Law and the Constitution, the Constitution prevails. Consequently, this Trial Panel must determine the maximum sentence that was provided for by law in 1998 and 1999," states the final court file submitted by Thaçi's defense.
Further, in the final court file of Thaçi's defense, it is argued that it is constitutionally prohibited for the court to impose a sentence greater than 15 years, even for common law crimes.
“The Trial Panel is obliged to take into account the range of sentences in force at the relevant time and any subsequent more lenient range for the offence, provided for by the laws of Kosovo, when determining the sentence to be imposed on a person found guilty of a crime under international law, in accordance with Article 44(2),” the document states, where Thaçi’s defense includes the Criminal Code of the former Yugoslavia.
Furthermore, the Trial Panel must take into account the range of sentences applicable at the time of the commission of the offense, from 5 to 15 years, which at the same time constitutes the most lenient range compared to later versions of the Criminal Code of Kosovo.
The Trial Panel must also take into account contemporary Kosovo jurisprudence related to this offense or the same armed conflict when determining the sentence, the document states, among other things.
Lawyer Mišetić asks the Trial Panel to "take into consideration several mitigating factors."
There, he emphasizes, among other things, that "there would be no Kosovo Specialist Chambers, nor a Specialist Prosecutor's Office, if it were not for Thaçi's efforts."
Mishetić also mentions Thaçi's resignation from the position of President of Kosovo on November 5, 2020 and his voluntary surrender to the Special Court, adding that, while he was head of state, Thaçi gave full interviews to the Specialized Prosecutor's Office.
In the final file, the defense emphasizes that the Trial Chamber has heard considerable evidence that Thaçi has made important statements in favor of the peaceful coexistence of peoples.
"Thaci called on Albanians not to seek revenge against their Serbian neighbors in the summer of 1999, for which he received praise from many witnesses in this trial. Hill testified that Thaci was not the type of person who would commit violence against others, while Covey testified in a similar manner," the defense's final brief further states.
The defense also emphasized Hashim Thaçi's compliance with all court orders.
The first instance verdict for the KLA four, by court decision, is expected around the end of May. / RTK.
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