Special Prosecutor does not allow Hashim Thaçi's release from prison: He risks escaping

The Kosovo Specialist Chambers (KSCC) in The Hague has decided to extend the detention of Hashim Thaçi for another two months in the case where, together with Kadri Veseli, Rexhep Selimi and Jakup Krasniqi, they are accused of war crimes.
The decision was made on June 11, 2025 by the presiding judge, Charles Smith III.
The prosecution had claimed that Thaçi continues to pose a flight risk as he is aware of the serious charges confirmed against him. They also support this argument with the fact that the prosecution's case has been concluded and Thaçi now has full knowledge of the evidence against him.
The prosecution also claimed that Thaçi would soon have sensitive information regarding witnesses and evidence that the victims' defense would present. In addition, the fact that Thaçi is facing an indictment for obstruction of proceedings, according to the prosecution, increases his motive for fleeing.
Meanwhile, Thaçi's defense, represented by lawyer Luka Misetic, said that neither the pre-trial judge nor the trial panel ever found that there was a risk that Thaçi would flee from justice.
Meanwhile, regarding this aspect, the trial panel said that the Prosecution is constantly repeating arguments that have been previously considered and rejected.
As for the Prosecution's new argument that Thaçi will have sensitive information about victims' defense witnesses, the trial panel emphasized that it is not a convincing argument to support the claims that Thaçi is at risk of fleeing.
According to the trial panel, this argument might be more appropriate to be examined under the obstruction of proceedings section.
As a result, the trial panel said that there is not sufficient information that Thaçi could flee justice at this stage of the proceedings.
On the point of obstruction of proceedings, the Prosecution had said that Thaçi poses such a risk based on the general climate of witness interference in Kosovo.
In addition, the Prosecution has emphasized that the conclusion of their case increases the risk of obstruction as the accused has full knowledge of the case and witnesses may be exposed to risks.
"The SPO also points out that sensitive information has been disclosed to the defense, including the accused, increasing the risk of exposure to the public and undermining the protection of witnesses in the event of acquittal," the decision states.
The defense had opposed the defense's argument, claiming that the risk of obstruction of proceedings should decrease with the passage of time and the conclusion of the Prosecution's case.
The defense has also argued that the witnesses that the victims' counsel expects to call are international experts and not sensitive witnesses, therefore there is no risk of interference.
The trial panel said that, based on the fact that the accusations that Thaçi attempted to obstruct justice have been confirmed, his release would not be consistent with effective witness protection.
As a result, it was concluded that Thaçi poses a risk of obstructing the continuation of the DSK proceedings.
The prosecution had submitted that Thaçi continues to pose a risk of committing other crimes, including those against witnesses who have given or may give evidence in later stages of this case.
The trial panel recalled its previous findings that the risk that Thaçi could commit other crimes continues to exist.
"The trial panel emphasizes the fact that the trial in this case is ongoing, that the identities of sensitive witnesses have been revealed to Mr. Thaçi, and that any risk of further crimes being committed must be avoided," the decision states.
The panel is of the opinion that no alternative measure, including conditional release, sufficiently mitigates the existing risks of this process. Consequently, it was ordered that Thaçi's detention be extended for another two months.
Meanwhile, on April 15, 2025, the Prosecution announced that it had completed presenting evidence in this case.
The Specialized Prosecutor's Office, on September 30, 2022, submitted the confirmed amended indictment against Hashim Thaçi, Kadri Veseli, Jakup Krasniqi, and Rexhep Selim, which consists of ten counts, charging the latter with war crimes and crimes against humanity.
On April 29, 2022, the Specialized Prosecutor's Office submitted an amended indictment against Hashim Thaçi, Kadri Veseli, Rexhep Selim and Jakup Krasniqi, alleging that the four defendants also committed war crimes in Gjilan, Budakovë and Semetishte.
On November 9, 2020, in their first appearances, Jakup Krasniqi and Hashim Thaçi pleaded not guilty to the charges against them. Veseli also pleaded not guilty in his appearance on November 10, as did Rexhep Selimi on November 11.
The indictment against Hashim Thaçi, Kadri Veseli, Rexhep Selim, and Jakup Krasniqi was confirmed on October 26, 2020.
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