Two more months in custody for Thaci and Veselin

The separate decisions for the two defendants were taken on October 14th 2024 by the chairman of the court, Charles Smith III, reports “The Law on Justice”.

In both decisions, there is reportedly not enough information showing that if the accused are released from custody, they could escape from justice. However, it is said there is danger of obstructing justice management and committing crimes against those perceived by the Kosovo Liberation Army (UÇK) as well as against witnesses.

The banner concludes that at this moment there is not enough information to justify a finding that Mr. Thaci (Z. Wessel) can escape from justice if released. However, the panel is satisfied, given the current standard, that there is a sufficient risk that Mr. Thaci (Z. Wessel) will prevent the progress of specialised chamber procedures and that he can commit other crimes against those perceived as KLA opponents, including witnesses who have given or can bear witness on the matter and/or are expected to appear before the Special Chambers”, the rulings against them are said.

As with Thaci, Wessel, the Specialised Prosecutor's Office (ZPS) has indicated that the relevant risks that could arise from the two indictees can be effectively managed only at the detention facility.

Also, in those decisions, the SPS has reportedly stated that bringing the two indictees to trial poses an added risk due to continued intelligence of sensitive witness information concerning the judicial process.

Mr. Thaci now poses an extremely significant risk, as well as the standard restrictions and monitoring of communications at the Pre-burging Centre are not enough. Therefore, in view of the continuing discovery of sensitive information from witnesses related to current judicial procedures, fundamental risks continue to exist”, the decision on continuing detention for Thaci, and similar to that for Wessel, says.

As a result, in these decisions, the panel has recalled that the reasonableness for continuing custody of the accused should be assessed based on the facts of each case and its specific features.

Thaci's case mentions the impact and authority of the accused, the possibility of facing a long prison sentence, the danger of the accused committing other crimes, and so forth.

The specific features of this case include Mr. Thaci; his knowledge of the charges and evidence against him, and the possibility of a long prison sentence (i.e. the punishment) of the danger he was facing. Thaci prevents the procedures of Specialised Chambers; (iv) the risk of committing, promoting or assisting other crimes; (v) the fact that restrictive measures in case of release are not enough to ease risks; (vi) the importance and complexity of charges against Mr. Thaci; and (vi) the fact that the trial is under way, indicating a reasonable progress of the” procedures, says the decision on Thaci.

For Wessel, the panel has estimated that he is charged with ten points of international crime, and if convicted, he could be sentenced to a long prison sentence.

“After the panel assessment, specific features of this case include: (i) Mr. Wessel is charged with ten points of international crime in which he allegedly played an important role; (i) if convicted, Mr. Wessel may face a long prison sentence; (ii) risks under Article 41ʹ6) - and (ii) cannot be softened at any cost; (iv) the case against Mr. Wessel is complex; and (v) the fact that the trial is under way, indicating a reasonable progress of the” procedures, says the decision on Wessel.

As a result, the panel has found that continuing detention for another two months for the two accused is necessary and reasonable, thus ordering the continuation of such a move.

At the end of the rulings, the court has also ordered the SPS to hand over their statements on the upcoming detention review of Thaci and Wessel until November 22nd, 2024. As you respond to these statements, you will be handed over according to the regular deadlines.

Otherwise, the Specialised Prosecutor's Office, on September 30th, 2022, has handed over the confirmed amended indictment against Hashim Thaci, Kadri Veselini, Jakup Krasniqi and Rexhep Selimi, which consists of ten points of charges, where the latter are charged with war crimes and crimes against humanity.

On April 29th 2022, the Specialised Prosecutor's Office had handed over a amended indictment to Hashim Thaci, Kadri Wessel, Rexhepi and Jakup Krasniqi, where four indictees have committed war crimes even in Gjilan, Budakov and Semtish.

On November 9th 2020, in their first appearances, Hashim Thaci's Jakup Krasniqi has been declared innocent of the charges placed on them. Wessel has also been declared in his presentation on November 10th, as has Rexhep Selimi on November 11th.

The incident against Hashim Thaci, Kadri Veselin, Rexhep Selimi and Jakup Krasniqi is confirmed on October 26, 2020.