Special Constitutionian Dismiss Thaci's reference over violation of fundamental rights

Under the decision, the reference had to deal with the regime of specific investigative measures imposed by the only judge against the accused during the detention last year, reports “The Law on Justice “.

Thaci had claimed that with the deployment of the measures, specific provisions of the Constitution of Kosovo and of the European Convention for the Protection of Foundation Rights and Freedoms had been violated.

He had also complained that monitoring his not privileged conversations has violated his right to privacy and certain aspects of ensuring fair judgment.

“Paneli determined that Thaci's complaint has not demonstrated violations of his constitutional right to privacy and therefore ruled that this aspect of the reference was unacceptable, in accordance with the 14 (f) rule of the Constitutional Court Specialised Work Chamber of the Constitutional Court (“The DHSGERK” ”, says the statement.

Also, the panel has found that Thaci's complaint about the right to a lawyer and the right to defend in silence is unacceptable.

“Panel found that these complaints are premature, given that no judicial procedure has been initiated on this issue and there has been no final decision regarding the charges”, the report said.

According to the announcement, not all possible legal means in conflict with the Constitution of Kosovo, the Law and TSF regulations have been exploited.

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.

And according to the second indictment against Thaci, the latter individually and through joint action with groups; The band Fazliou (Fadil Fazliu and Fahriy Fazliou), the Smaj Group (Bashkim Smaj, Blerim Shala and Artan Behrami) and the Kilaj Group (Isni Kilaj and Vlasnim Kryeziu) have filed a pattern of conduct to prevent official persons from performing official duties.

The indictment says Thaci has led and participated in these efforts through his visits to detention facilities during the time he was detained under his trial for war crimes and crimes against humanity. It says that members of the Fazliu Group, the Smaj Group and the Kilaj Group were co-ordinated to influence SPS witnesses during the unprincipled visits of July 2nd, September 9th and October 6th 2023.

As a result, three counts of obstructing the official person in carrying out official duties bear against Thaci three counts of violations of the procedure's secrecy and four counts of disobedience to the court. While, Isni Kilaj, Bashkim Smaj and Fadil Fazliu are accused of trying to prevent official persons from performing official duties and disobeying the tribunal. Hajredin Kuci, on the other hand, has two counts of disobedience to the court. /Betimy for Justice