Confirmation of the indictment: Audio-incidents from Thaci's visits to The Hague show instructions he gave about the testimony of Remi, the Office of Others

In Kosovo Specialised Chambers ( DPSK) in The Hague, the revised version of the decision to confirm the indictment to Hashim Thaci, the Smajt Union, Isni Kilajt, Fadil Fazliu and Hajredin Kuci, which contains information on how they were co-ordinated for instructions given on witness testimony mode, including the Mustaf and Bislim Office.

In the November 21st 2024 ruling, which confirms the SPS charges by Judge Mariere Massletot, who was made public on February 12th 2025, describes the facts of which the indictment speaks, including the transcripts of audio-inciplifications issued during Thaci's visits with defendants and others during a period between 12 April and November 2nd 2023, reports “The Belgrade on Justice<x1.

According to a transcript of the July 2nd 2023 visit, Thaci had considered Remi's testimony crucial to his case and gave instructions to downplay something dealing with the KLA and focus on something else.

“As to the content of the next testimony (then) in case 06, the July 2nd 2023 Visit Transcrypt shows that Mr. Thaci, who characterised the Witness's testimony 1 as “The decision - making” for his case, gave the direction for Witness 1 to minimize [the] REDAKUED] the Kosovo Liberation Army (“UÇK”), and focus on [the] REDECT]”, the decision to confirm the indictment, says.

According to the transcript reflected in this decision, Thaci had directed that Remi denied some facts concerning a matter that is being edited in the decision. And so, the rest of what Thaci had instructed to say and what he would not say.

In addition, Thaci had reportedly instructed Remy to witness briefly and, according to what is stated in the transcript, not to philosophicalize”.

“As far as witnessing is concerned, according to the July 2nd 2023 Translation of the Visit, Mr. Thaci instructed that Witness 1 should testify briefly, with “keeping short” or “short-line <xx4> so that Witness 1 could not prevent “ ” and not “filozophipoze” or “an opinion””, the decision states.

Thaci had also reportedly instructed Remy to use the feasibility session before appearing in the courtroom as an opportunity to make changes in his statement.

This transcript also indicates that Mr. Thaci led that Mr. Fazliu used language like “All our eyes are on you. [...] you will be watched [...]” to push the Witness 1. Likewise, Mr. Thaci instructed Mr. Fazliu, recalling to the Witness 1 that he himself had passed “through procedures” for fourteen years, referring to the trial against the Latif Gashi of others”, the verdict said.

Fadil Fazliu, on the other hand, was said to have agreed to broadcast these instructions, and along with Thaci had discussed how Fazliu would contact the witness to speak about his testimony.

Under the decision, Thaci had warned Fazliu that the SPS could ask the witness if someone contacted him and that he did not want to risk his associate. So Thaci had instructed Fazliu to contact Remi indirectly about what Fazliu had suggested that his son Fahru contact Remi to propose that they drink coffee.

It says that Thaci had agreed to this suggestion and had instructed Fadil Fazliu to attend the meeting as well.

According to the ruling, data released from Remi's classified phone indicates that Fadil Fazliu and his son had met Remi on June 29, 2023, after a text exchange on June 26, 2023.

Hence, at Thaci's later encounter with Fazliu, the latter noted that Remi was willing to receive direction from Thaci about how to testify.

Following Fadil Fazliu's visit to The Hague on July 2nd, his son had invited Remy for coffee the following day through phone messages, which, according to the conversation, was in line with the discussion between Falzie and Thaci.

In the decision, it is said that according to hearing transcripts in Thaci's case for war crimes, Remi began his testimony on July 11, 2023. It is said that by referring to the transcripts of the session, Remi had diverted his testimony from earlier interviews with SPS to several points in line with Thaci's instructions he gave to Fazliu during the July 2nd visit.

And according to the transcript of the October 6th visit, Thaci is said to have expressed his satisfaction with Remi, as he was in line with instructions to be brief.

“Transcrypting the 6 October visit also shows that, during that visit, Mr. Thaci expressed his satisfaction with the testimony of Witness 1, which according to discussions during that visit, seems to comply with his instructions to be brief, to allow the matter to go further than [the] REDAKUED]”, [ REDAKUED] “and that was all”, the decision said.

On the other hand, the visit is said to indicate that Thaci spoke softly from time to time and uttered a few silent words with Fadil Fazliu.

Other SPS materials speak of a visit by Kuci to Thaci, which had lasted about 3 hours, on September 3, 2023, while he was part of Kadri Wessel's defence team.

In addition to instructions that Kuci had to convey to the witness, the transcript, according to the ruling, shows that at this meeting Thaci has discussed a person whose name is edited and that from analyzing the evidence has turned out that name was on the list of SPS witnesses, but that it was not with protective measures.

At this meeting, Thaci had repeated several times that this witness should change his earlier testimony to three main topics that are edited to the public.

In fact, according to the decision, the transcript of the meeting shows that Thaci had directed the witness to specific sources to base what he meant.

“Transcrypty of September 3, 2023 visit also shows that Mr. Thaci has directed the Witness 5 to specific sources that should inform his testimony, such as “, remains after [the] interview. REDAKUED]”, and “Reader of the [book] REDACHED] and interviews of [ REDAKUED]”, the decision says.

While, when faced with his previous statements that he changed, Thaci reportedly had instructed that the witness should respond with “I may have said by mistake”, or “they probably mistranslated what I said” or even “I was probably tired and confused”.

At the same meeting, Thaci is alleged to have discussed a person named “Bisa” where he had concluded that according to materials this name belonged to Bislim Office, who witnessed with the W04752 code, and on January 30th, 2023 had unveiled to the defense that he would testify on the war crimes issue. The office has testified by 1-4, 8-11, and 15-18 July 2023 in The Hague.

“As to the content of testimony (possibly) on the 06th case, the transcript of the September 3, 2023 visit indicates that Mr. Thaci gave the Witness 2 instructions to testify that (i) Witness 2 was [ REDAKU]; (i) Mr. Thaci was [ REDAKU]; (ii) Mr. Thaci [ REDAKU]; (iv) [ REDAKU]; and (v) [ REDAKUED]”, the decision says.

And for the witness, who identified himself with number 6, during the September 3rd meeting, Thaci had instructed what to witness.

For the office and two other witnesses, the transcript indicates that Kuci confirmed during the meeting that he understands the instructions, by which means he had asked him to write. It says that during the audio of this visit, letters and writing were heard.

The ruling also says that the transcript shows Kuci told Thaci he had meetings with witness 5 to discuss his next testimony.

Similarly on this visit, Thaci and Kuci reportedly had spoken softly and whispered.

For the September 9th, 2023 visit, supporting materials show that for three hours with the Smajan Union, Artan Behramin and Ismail Sylen, Thaci had shared confidential information with future SPS witnesses and provided instructions to one of them about what he should testify.

Even at this meeting, the decision says it was discussed with Bislim Office, which was referred to as “Bisa” or “Bislimi”, whose testimony Thaci had called essential and provided instructions on how he should testify.

“Thaci has advised that Witness 2 witness in summary, to speak slowly over and over again, “do not let it unreach “, respond to “I don't know, I don't remember”, simplify matters, not “confuse”, and remove or change a certain part of his” account, in the decision.

During this visit, Thaci had reportedly told his visitors he expected witness 2 (Bislim Office) to adhere to instructions “better than Remi”.

For the October 7th 2023 visit, materials show Smaj had indicated that the Office has sought explanations regarding his statements, fearing that certain aspects could have damaged Thaci, for which the latter had provided a version concerning an issue that is edited in the document.

As a result, the decision says that during an operation conducted by the SPS on October 30th, 2023 in Smajt's car, a document had been found, and by the forensic comparison it was made, it was allegedly printed by a printer in The Hague detention facility that is available to prisoners.

Smajt's document under the decision contains key events and names of KLA members and, in the judge's opinion, the same document reflects the version of events as shown by Thaci during the September 9th and October 7th 2023 visit, and contained the envisioned subject of office testimony.

As for material from these two visits, the decision says Thaci's instructions are contrary to the interview the Office had provided.

Even on September 9, 2023, Smakaj and Thaci had spoken softly or whispered. It was similar on October 7, 2023, with Smakaj and Behram.

And on the visit when Kilaj and Vlasnim Kryeziu visited Thaci on October 6, 2023, materials have shown that, then, the accused had given information to them about two SPS witnesses who had not yet testified. Thaci had instructed Kilay to convey it to one of these witnesses.

According to what has been discussed at this meeting, similar information about a protected witness and a defenseless man had been found in documents at Kilay's house. At this meeting, Thaci had explained to Kilaj the features of how the SPS was preparing witnesses and instructed him to tell one of the witnesses to modify his testimony.

According to the decision, materials show Thaci had told Kilaj to tell witness 5 of “And Thaci is also said to have supplied Kiline with arguments on how to convince witness 4 to testify by saying that this is for your benefit”.

As a result, it is said that during the raid that the SPS had carried out on November 2nd at Kilaj's house, it had seized letters torn into the trash of previous witness statements 4. From forensic comparisons, it has emerged that this letter has strong support in that it was printed by the printer at the detention center available for the detainees.

The sequencing materials are said to be three hand notes making up details for several SPS witnesses, including witness 3 and 4, as well as a list of SPS witness names with relevant codes.

During Kilaj's interview on November 2, 2023, he had acknowledged that the notes were made by him, adding that the codes and list of witnesses had been disclosed following the arrest of Hysni Gushati and Nasim Haradinaj, who were arrested for illegal distribution of confidential information concerning witnesses.

However, the judge has said that according to relevant information and materials, Kilaj's notes are not material that can be found in public, but have been illegally discovered by it.

She said the list of witnesses she had in Kilaj's possession generally coincides with the list of witnesses given protection until January 30th 2023 in the case of former KLA leaders.

From a Kilaj jacket, the ZPS had seized several handwritten records, which the judge had noted were instructions for witnesses.

“REDAKUED]”, “should not mean that [ REDAKUED]”, “I thought it was, but it wasn't. I had the wrong information at that time”, “I heard that [ REDECT]. He was somebody with authority”, “ [ REDAKUED]”, or “ [ REDOX12> These appear to reflect instructions to be given about (some of) the witnesses mentioned in the handwritten footnote”, the decision states.

Two of the names that were on the note, according to the decision, coincide with the names of protected SPS witnesses who have testified at The Hague.

In addition, on the visit of October 6, Thaci reportedly had indicated about the testimony of a witness and had said that he was new.

“As it comes to contact with witnesses, the transcript of the visit on October 6, 2023 shows that Mr. Thaci also discussed testifying to another SPS witness during this visit, which he described as Mr. Kilaj”, and his testimony he perceived as <x3-positive”. According to the transcript of the October 6, 2023 visit, in response to Mr. Thaci, Mr. Kilaj indicated he had “meeting [the witness] a week before he came here”, the decision said.

Even Kilaj and Thaci reportedly spoke softly and whispered during the meeting, especially when discussing Thaci's instructions that the witness should change his testimony.

Otherwise, Bashkim Smaj, Fadil Fazliu and Isni Kilaj were arrested on December 5th 2024 in Kosovo and transferred to the detention facility in TrsK on December 6th on the basis of the confirmed indictment and reported 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.

And Hajredin Kuci has been handed over to the confirmed indictment and the call to appear before the court of preliminary procedure for the initial presentation, which was held on. December 9, 2024.

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. However, Kuci has two counts of contempt of court.