Thaci's lawyer complains French judge did not consider two states' guarantees

The defence of former Kosovo president Hashim Thaci, led by lawyer Gregory Keohe, has sought immediate release from the detention of the former KLA political director.

It has submitted to the Court the parameters with arguments why the Appeals Panel should reverse the decision of the preliminary judge who rejected Thaci's release from custody, despite the proposed conditions and despite the two states' offering guarantees.

Regarding the latter, Keohe has complained that the preliminary judge did not carefully consider the guarantees offered.

“SPS support in Mr. Appeals Court decision. Wessel is wrong. In that decision, the Appeals College ruled that there is no general obligation for a judge of the preliminary procedure to hold a oral hearing on a case related to detention. Mr Thaci did not ask for session, but invited the judge of the preliminary procedure to look into the views of two countries identified by the defence, which could have been done quickly and in writing. It was a legal obligation, not justified by the decision of the Court of Appeals backed by the ZPS”, said in Cheohe's parliaments.

Keohe has also responded to the prosecution's arguments that conditions proposed by the defence do not undermine the communications Thaci may have in case of release from custody.

He says the failure of the preliminary judge leaves these conditions unresolved.

In essence, Keohe says Thaci's visitors in case of his release could easily be checked, and not be allowed to enter without receiving a preliminary approval, just as it happens in detention units.

The ZPS position for monitoring is undermined by a central flaw. The SPS states, without any reference to support, that “ [the conditions] proposed by Thaci's Protection would allow uncontrolled conversations to take place on daily bases” . This is incorrect. The proposed conditions in the current case remain unresolved, as a direct result of the court's failure of the preliminary procedure to hear from... edited... as required by the rules. Despite, the SPS has no basis to state that any evental conditions would allow for uncontrolled daily conversations. Mr. Thaci's visitors can easily be limited to those who have received preliminary approval, as they do in the Ceohe's detention unit<x3.

The issue of discussion in the Special Appeal is also the last elections in Kosovo.

The outcome of the latter had been used as counterargument by the protection that Thaci's popularity in Kosovo has fallen markedly, given the fall of his former party, PDK.

However, the preliminary judge, according to the defence, made a gross mistake when he devalued the argument in question, wrongly considering, all according to protection, that political popularity is static.

“Professing that “The only argument [of Mr. Thaci to review this find are the last results of the”, 19 SPS fails to engage with the defence statements, in particular the basis on which the Pre-emptive Procedure Judge found Thaci continues to have a significant “in Kosovo”, 20, which is still unknown. This is not just a matter of dispute with the way the judge of the preliminary procedure viewed the election results. The challenge raised in the appeal was different, and more fundamental, being the approach of the judge of the preliminary procedure to the demonstrated will of the Kosovo electorate, and his position that political popularity is static and does not shrink over the time”, is said further in Keohe's parase.

Despite Thaci's objections, the Appeals panel that will decide whether to release or not from the detention of KLA leaders has already been conditioned.

He is made up of three judges: Michelle Picard, Emilia Gatti and Nina Jergensen.