Case against justice administration against Thaci and others, prosecution's request to reveal additional materials is approved

The decision was made on October 17th 2025 by the judge of the preliminary procedure, Marjorie Masselot, reports “The Justice Vow”.

As for chronological aspect, Judge Masselot had made a decision that defined deadlines for the discovery of any material on the part of the prosecution, which did not require standard editing until February 17th 2025.

On September 19, however, the prosecution had requested authorization to discover some limited supplementary material. On the same date, he had handed over the preliminary file with the list of evidence, including temporarily additional materials on it.

According to the Prosecutor, these materials are data extracted from previously discovered electronic devices and are additions that offer clarity on materials previously discovered.

The prosecution has said that authorisation should be granted to add to the list of evidence these additional materials, as they do not bring prejudice against the accused, are in the interest of justice, and there are valid reasons for this.

In addition, the prosecution has said they are limited to volume and will improve the general understanding of the prosecution's evidence, as well as are related to important materials that are relevant to the charges.

The prosecution argues that since the procedures are still in the preliminary phase, it can continue to collect and reveal evidence under the general supervision of the pre-trial judge.

On the other hand, in a joint response, the protection of the five indictees has rejected the prosecution's request. They also have concerns about the fact that these materials have already been temporarily included on the test list, handed over by the prosecution.

According to the defendant's defence, such an act is not included in the DPS legal framework, and that the prosecution may include only previously revealed articles on the trial panel's list.

The defense says that the inclusion of additional materials in the prosecutor's evidence list would require a request for the change of this list, which the Prosecutor's Office has submitted.

Under protection, the rules may not allow any change in the test list at this stage.

As a result, the defense has demanded that these materials be excluded from the list of evidence that has already been submitted by the prosecution, as well as directed by the latter to update the list of evidence and preliminary files on the basis of this.

The defense therefore requires that the prosecution's request be rejected, with the reasoning that it is delayed, and there is no explanation for the delay, as most of the prosecution's materials were in possession before the initial discovery deadline, which was February 17th 2025.

And according to protection, this requirement does not reflect any circumstances that can make it valid, it is unfair, for it would violate the ability of protection to prepare for judgment and would deeply undermine the justice of procedures.

In its response to the defence, the prosecution says that the rules and jurisdiction of the TSF show that increasing evidence in the preliminary phase should be allowed and treated with appropriate flexibility.

To decide on such a request, according to the Prosecutor, is under the responsibility of the pre-procedure judge as well as the demand for adding these materials to the evidence list has been submitted before this list is handed over.

In addition, the prosecution counteragruments the defence, saying that the request has been submitted in time and relates to the discovery of materials that are important to the charges in the case, as well as do not cause prejudice against defence.

On the other hand, the preliminary procedure judge has found that the prosecution has shown valid reasons to justify changing the February 17th 2025 deadline for the purposes of revealing additional materials.

According to Judge Masselot, these materials, although not limited to numbers, are limited to extent, volume and complexity. Similarly, it has said that these materials do not represent new aspects of the SPS issue, but primarily complement, explain or offer translations of previously revealed articles.

The judge has found that despite the preliminary procedures that have entered an advanced phase, the case has not yet been passed to a court and that the date has not been set for the start of testing by the prosecution, in this context, Masselot, has estimated that there is sufficient time to examine additional materials before the start of the trial process.

Masselot has found that the defence requirement for a formal procedure to change the list of evidence is unnecessary. He reasoned that since the list of evidence had not yet been submitted, the request for authorization to detect additional materials also means their involvement in the list of evidence.

As a result, the prosecution's request was approved and the defence request to instruct the Prosecution was refused to reparase the list of altered evidence and preliminary files.

While for materials to be discovered, the prosecution was ordered to do so until October 22nd, 2025.

Otherwise, Hashim Thaci has been at The Hague's Prosecution Centre since November 2020. He is being tried for war crimes, as well as last year, has been subjected to charges against justice administration.

In terms of the case against justice administration, the Smaj Union, Fadil Fazliu and Isni Kilaj were arrested on December 5th 2024 in Kosovo and transferred to the detention facility in DrsK, on December 6th 2024 under the confirmed indictment and spoke on arrest issued by The Hague.

While, Thaci has been handed over to the warrant at the detention facility at The Hague on December 5th, 2024, always according to the DK's announcement.

In contrast, Hajredin Kuci has been handed over to the confirmed indictment and the call to appear before the court of preliminary procedure for the first presentation, which was held December 9th.

According to the indictment, Thaci individually and through joint actions with groups; The band Fazliu (Fadil Fazliu and Fahri Fazliu), the Smaj Group (Bashkim Smaj, Blerim Shala and Artan Behrami) and the Kilaj Group (Isni Kilaj and Vlasnim Kryeziu) have followed 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, Kilaj, Smaj and Fazliu are accused of trying to prevent official persons from performing official duties and disobeying the tribunal. Kuci, on the other hand, has two counts of disobedience to the court. /Periscopi/