Special Court Chairman Unable to release Thaci with the departure of Judge Ambos, Judge Jergensen voted against

The Specialised Chambers in The Hague, with Appeals' decision yesterday for a parole request for former President Hashim Thaci, based on the opinion of Judge Nina Jörgensen, have deepened even more allegations reported on by the newspaper Inseder on August 27, 2021.

Special Court Chairman Ekaterina Trendafilova had eliminated Judge Kai Ambos from the Appeals panel, which had opened up the possibility of Hashim Thaci's parole through third states' guarantees.

yesterday's decision by the Appeals panel has been taken in majority of votes, but for the 6th point of complaint concerning third states guarantees, Judge Nina Jergensen has voted against, arguing that the Pre-Proval Procedure Judge has had to listen to third states for the guarantees given, before praising whether guarantees addressed the identified risks.

Judge Nina Jergensen has been part of the Appeals panel even the first time when Judge Kai Ambos had opened the possibility of parole in third states.

This judge had left the new panel for handling the second parole complaint, because the yesterday's Appeals decision, given the opinion of Judge Nina Jörgensen, if Judge Ambos were part of the panel, would be different based on the already recognised positions of these two judges and former KLA leaders would be allowed to defend themselves in freedom.

Kai Ambos, judge of Specialised Chambers who opened the possibility of parole by former President Hashim Thaci, had been eliminated from the Apel panel with the decision of Ekaterina Trendafilova, chairman of this court.

The special court's leader had appointed three judges in the new composition of the Appeals panel for reviewing Hashim Thaci's defence complaint to the measure of detention assigned to him.

This new Appeals panel, which yesterday made the decision against Thaci's defence complaint, consisted of Michèle Picard, Emilia Gatti and Nina Jergensen.

The newspaper Insander had reported in August that part of the review panel would no longer be Kai Ambos, the former member of this body that had estimated that providing bail from a third country would be crucial for Thaci's parole.

This plan was counted on July 29th, under a decision on the composition of a panel that would examine the safeguard clause's request for additional deadlines, for depositing a complaint contrary to Thaci's Procedure Judge's decision, Nikola Giju, for failing to consider guarantees offered by third countries for Thaci's release.

Pre-emptive Procedure Judge Nikola Giyu, in the decision of July 23rd, had rejected former president Thaci's defence team's request for his bail without taking on third-nation guarantees.

He had done so without any recognition of these guarantees from a court panel, even though such is provided with laws and regulations in force. Giew had concluded that it was not necessary to assess guarantees offered for the provisional release of former President Thaci. In his decision, he had considered that no additional conditions, including proposed conditions or any other condition, could adequately address the risks posed by Thaci.

It remains a puzzle whether even Judge Nina Jörgensen will leave the Apel panel, like Judge Kai Ambos, for handling her next complaint because of her vote against this time.

Special Court Chairman Ekaterina Trendafilova, has so far changed judges who have shared opinions contrary to the decisions of Pre-Procedure Judge Nikola Giyu. But, the only Pre-emptive Procedure Judge ever unchanged in all cases against former KLA leaders, with whose decisions they have also been arrested and continued to be held as detained in The Hague is Judge Nikola Giyew.