The speciale continued detention to former KLA leaders, using these claims

Hashim Thaci's lawyers, Kadri Veselini, Rexhep Selimi, Jakup Krasniqi, Salih Mustafa, Hysni Gucatit of Nasim Haradinaj had made demands to release their clients, offering the Special Court conditions under which it would ensure that former KLA leaders would not escape and would not influence the process against them.

In all cases, the court has ruled in favor of claims by the Specialised Prosecutor's Office, which for each accused has sent material to specials to require keeping them in custody.

What convinced the Special Court to keep former KLA leaders in custody?

In front of chief special prosecutor Jack Smith, arguments have been listed why former KLA leaders, according to the prosecution body, must continue to remain in custody. The prosecution has also cited the possibility of punishing some of them to life in prison as one of the reasons why, according to them, they should not be released temporarily. Smith in all the parachutes has claimed there is danger that former KLA members escape, influence witnesses or commit any crime.

The Hague prosecution body has claimed that the criteria for keeping former KLA leaders in custody have been fulfilled and that these criteria “underscore the seriousness of the risks posed”. According to the prosecution, “no alternative measures address these risks sufficiently”.

The prosecutor in the parapet against the accused also emphasises her claim that there is a climate of witness intimidation in Kosovo, which reportedly former KLA leaders have the opportunity to silence.

The ZPS has complained that as a prosecution organ, they have no resources to supervise former KLA leaders if they were to be released temporarily. EULEX's mandate has also been cited, while Chief Prosecutor Smith has considered that Kosovo's “authorities are limited to their ability to oversee an accused”.

Former superior of The KLA, Salih Mustafa, was the first of former KLA members to be arrested and transferred to the custody of the Special Court last September 24th. He is accused of a series of acts described as war crimes and crimes against humanity.

Two days later the two former KLA OVL leaders, Chairman Hysni Gucati and the deputy chairman of this organisation, Nasim Haradinaj, were also arrested. They are accused of obstruction in the administration of justice, fear of witnesses, revenge and violations of the secret of the procedure.

The last ones to be arrested and sent to The Hague were four former KLA political and military leaders, former President Hashim Thaci, former leaders Kadri Veselin and Jakup Krasniqi, as well as the head of the Vetevendosje Movement Parliamentary Group (LVV), Rexhep Selimi.

On November 4, 2020, the former spokeswoman KLA, Jakup Krasniqi was arrested and sent to special custody. To the same destination, on a military plane, former war associates Hashim Thaci, Kadri Veselini and Rexhep Selimi left the following day.

The arrests came after Special Court's preliminary procedure judge, Nicolas Guillou, had confirmed the charges against the four former KLA leaders. They are accused of war crimes and crimes against humanity. The incident holds Thaci, Veselin, Krasniqi and Selimi responsible for a series of crimes allegedly committed at several detention centres during 1998-1999. The specialised prosecution - among other things - accuses them of having been or should have been aware of these crimes.