Trandafilova eliminates from Appeals panel the judge who opened the possibility of bailing Thaci

The special court's leader has appointed the three judges who will make up the Appeals panel, which will review Hashim Thaci's defence complaint to the measure of detention assigned to him. The panel will consist of the Michèle Picard, Emilia Gatti and Nina Jörgensen.

But part of the review panel will no longer be Kai Ambos, the former member of this body who had estimated that providing bail from a third state would be crucial to Thaci's parole.

As The Isander newspaper reported ten days ago, Specialised rooms had planned to evacuate Ambos from the review panel of complaints filed by Thaci's defence.

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 terms, for the depositing of a complaint contrary to Thaci's Procedure Judge's decision, Nikola Giyu, to examine guarantees offered by third countries for Thaci's release.

Part of this panel did not disclose the name of Kai Ambos, Inseder newspaper reported.

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

He did so without any assessment of these guarantees from a court panel, even though such is provided with laws and regulations in effect.

But this has not been ignored by Judge Guy. He has not even valued the consideration of such guarantees.

Giew, concludes there has been no need to assess guarantees offered for the provisional release of former President Thaci. In his decision, Nikola Giew considers that no additional conditions, including the proposed conditions or any other condition, cannot address the risks posed by Thaci enough.

In particular, Pre-Procedure Procedure Judge finds that even a complete limit to Mr. Thaci in telecommunications and internet communications, except for stopping contact with any third party that is not his immediate family and his defence team, would not prevent him from instructing other people”, Giyu's 55th paragraph says.

For this reason, the Pre-emptive Procedure Judge is also not obliged to seek the views of (REDAKTUAR) regarding Mr. Thaci in their respective territories”, next says in this paragraph of the Pre-emptive Procedure Judge's decision.

Under the decision of July 29th, regarding the review of the safeguard clause's request for additional terms, for the depositing of a complaint contrary to the Pre-Procedure Judge's decision, Chairman Ekaterina Trendafilova had set a panel of three rulings compounding Michèle Picard, Emilia Gatti and Nina Jörgensen.

But Judge Kai Ambos was missing on this panel.

The Isideder newspaper, about two weeks ago, has asked Kosovo's Seciated Chambers in The Hague whether these decisions are preceding Judge Kai Ambos's departure from the next panel of the Appeals Court for reviewing Mr. Thaci, since he was exactly this judge who had opened the possibility of parole if they secured state guarantees of third countries.

But the Specialised Chambers have not answered the direct question concerning the failure to include Judge Kai Ambos on the panel.

The rules for the appointment of specialised chamber judges predict that for this, the mayor should be guided by objective criteria, as well as by the preferences of judges and their availability at the time of the launch of concrete procedure”, said in the response of the Specialised Chambers concerning the non-involvement of Judge Kaimbos in the panel for review of former President Thaci's defence bid.

The newspaper Insider has sought to know from the Special Chambers at The Hague even though Judge Nikola Giju has completely ignored the recommendations of Apel judge Kai Ambos, who had said a third-state guarantee would be crucial to Thaci's bail.

In their response, the Specialised Chambers say neither the proposed conditions nor the additional conditions will in large measure ease the initial risks for Thaci's release.

“in the verdict's 55-56 paragraphs, the Judge of Pre-Precil Procedure Procedures explains the reasons why “Pre-emptive Procedure Procedure Judge finds that neither the proposed conditions nor the additional conditions will in enough measure ease the risks before”, said the response of the Specialised Chambers.

The Act against four former KLA leaders was confirmed in October last year.

In the indictment the Specialised Chambers Prosecutor, claims that Thaci, Veselin, Selimi and Krasniqi, that former KLA leaders as “joint criminal enterprise” have individual criminal responsibility for crimes allegedly committed during the war in Kosovo.

Following Thaci's pre-emptive Procedure Judge's decision, until September, he is tasked with correcting the indictment in the “Thaci case, and others”.