What's going on with the second indictment of Thaci?

Thaci, former president of Kosovo, has repeated -- at least twice in recent weeks -- the necessity of respecting the Constitution and the laws of Kosovo by the Special -- while citing that two acts against him have been filed just a few months before holding elections in Kosovo.

I am not part of the political race, nor do I have any political ambitions for president, prime minister, MP, or any other ambition for any public position. I point out that I am not an obstacle, nor do I pose a risk to anyone in the political sense, nor any governing project”, Thaci said in court.

For mentioning Thaci's Constitution, law connoisseurs have little to comment on. Having no access to the full indictment against him, and not wanting to get into speculation, they expect Thaci himself, or his defense attorney, to provide more detail when convicted of the second indictment.

Thaci's lawyer, Luka Misetic, has not answered Radio Free Europe's questions to clarify his client's statements.

The executive director of the Kosovo Institute for Justice (IKD), Ehat Miftaraj, has told Radio Free Europe that “on the basis of the Constitution, based on the Penal Procedure Code, are some rights of the defendants in the procedure, which he is thinking is not being respected”.

If the indictment is not based on law, then no doubt it is a violation of the Constitution, because the Constitution protects the equality of the parties in the procedure, there are guarantees to the defendants, that the indictment can only rise when there is legal grounds, when there is evidence, when there are arguments”.

Thaci must be declared over the conviction in the 30-day term. The second act against him was approved on November 29th, while it was made public on December 7th.

Miftaraj has reiterated the IKD's ongoing calls for judges and prosecutors of the Special Court to maintain the integrity of the court process, ensure that witnesses are not threatened, as well as there are consequences for those who pose the threat.

“says that since 2023-2024, these people [Tharci and others] have participated in witness intimidation, and arrests occur in late 2024. In a criminal way, it's incomprehensible how, despite having had information that one year, they haven't taken action, but they're getting to the bottom of”.

Miftaraj has considered it very important to have the main judicial epilogue, and not to take second procedure.

At the end of the witness interrogation, when there are two or three months left, you start a new indictment, in a legal sense, there's not much meaning to”.

The Link to Choices

Thaci's statement, where he makes a connection between the charges and elections in Kosovo, Miftaraj views it as political and very general.

Meanwhile, legal researcher at the Kosovo Humanitarian Law Fund, Amer Alija, believes they will not be taken into account by the court.

These statements do not matter at all for legal procedures, as elections in Kosovo do not apply to protection, nor to the Court, or the Court, in procedures in which he is charged”.

Thaci, former leader of the Democratic Party of Kosovo, has been in custody in the Netherlands since November 2020.

Special Court Work

The Special Court was founded in 2015 by the Kosovo Assembly and is part of Kosovo's judicial system, but operates with international personnel at The Hague.

This court investigates the alleged crimes of KLA members committed against ethnic minorities and political rivals from January 1998 to December 2000.

The work of the Court is funded by the European Union and by several Western countries.

Lawyers are paid from Kosovo's budget, as well as witness trips and visits from the accused's family. The case of the victims' compensation is not well regulated by the laws on which the Court was formed.

Both Miftaraj and Alija have estimated that based on what has been accessible to the public, the Court is doing good work and is impartial.

However, Miftaraj has said that at least one of the judges is seen coming out of his role as judge. We have seen many times orient questions, suggestive questions, or somehow trying to get an answer that he likes about witnesses” while refusing to identify.

Justice officials see no problems either about meetings that were reported to have developed among court officials with some representatives of sponsor countries, saying they are Kosovo's friendly countries, and that they do not believe in those meetings to have been discussed in any case or evidence, but about the overall work of this institution.

The Special Court, so far, has declared two war crimes judgments against Salih Mustaf and Peter Shala, and two others for obstructing justice management, against Nasim Haradinaj and Hysni Gucatit.