Thaci's detention, Fazliu's Kilajt, continues in case of obstruction of justice

Through three separate decisions, on February 7, 2025, the judge of the preliminary procedure, Marjorie Masselot, has ordered continuing detention for the three accused for two months.

For Hashim Thaci, the SPS had argued that his detention is necessary, as there was no difference from the findings of the judge of the preliminary procedure in the decision to arrest and confirm the charges, reports the “Justice Voting”.

The SPS had argued that there is a well-equipped suspicion that Thaci committed a crime that falls to the jurisdiction of the DPS and his approach to evidence and additional information in this case strengthens the need for his detention.

In addition, the SPS had indicated that Thaci should remain in custody, as according to them, no alternative measure, nor that of parole was enough to avoid the risks.

While the defence had argued that the danger of Thaci's escape is not enough argument and has demanded by the judge of the preliminary procedure to prove Thaci's ban is not justified at the risk of escape.

The defence has expressed concern that in two different cases (for war crimes and against administration of justice) there have been various findings concerning the danger of escape.

In this regard the defence rejected arguments that the importance of crimes in the current case and Thaci's possible conviction gives him the motive to escape after this argument has been rejected by the panel of judges in the war crimes case.

While against the principle of presumption of innocence, Thaci's defence had called the ZPS argument that Thaci has shown evil intentions towards the laws and regulations of the DPS. As a result, the defense had argued that Thaci is banned under another case, and that knowing the accused with the case and the evidence against him did not increase the risk of escape.

In the first ruling, the judge of the preliminary procedure had concluded that there are doubts based that Thaci can escape, prevent procedures or even commit other crimes.

While in that decision, the judge has continued to think that none of the alternative conditions can ease the risk Thaci could reduce the risk of obstructing procedures or committing other crimes. As a result, he continued his custody.

The ZPS had also argued about Isni Kline. The ruling on Isni Kilajt has reportedly demanded that the prosecution continue its detention after there is suspicion based that he has committed or attempted to commit certain criminal acts within the jurisdiction of the DKSK and that there is no development so far since the recent decision to confirm the charges.

In addition, the SPS had indicated that the information extraction process offers Kilajt the greatest access to sensitive information, which reinforces the need for continued detention. And they have said that there is no possibility of parole due to existing risks.

As a result, after analyzing the facts, the judge of the preliminary procedure through the decision has said there is a risk of co-operation in order to prevent justice, given the climate of intimidation of witnesses in Kosovo.

It has also ascertained that there is still a danger of committing other crimes, as well as the release of Kiliaj on bail, according to the judge is not enough to ease existing risks.

As far as parole is concerned, the judge has recalled its previous findings that no condition proposed by the protection or bail of 40 thousand euros, police presentation, communications restrictions and movements proposed by defence could suffice to reduce existing risks.

Much more important, the Pre-Procedure Judge thinks that these conditions are: (i) do not address the possibility of Mr. Kilaj using communication devices belonging to other people or asking others to use their equipment for these purposes; and (i) cannot provide effective monitoring of the communications of Mr. Kilaj”, says the decision on Cline

According to her, measures at the DrsK detention centre provide strong guarantees against unmonitored visits and communications with family members and visitors aimed at minimising risks for obstructing justice and committing other possible crimes.
In addition, the judge has found that the time Kilaj spent in custody is not unreasonable in the sense of the rules and law of the TSF.

Similarly, the SPS had argued about Fadil Fazliu, saying his ban is necessary given that there is a well-equipped suspicion that they have committed crimes that fall into the jurisdiction of the DPS as well as may escape, prevent procedures or commit other crimes.

While the judge had found that none of the conditions proposed by Fazliu and neither the bail of 2250 euros eased the risks that came in this case.

For all suspects, however, it has been found that the time spent in custody is not unreasonable.

Otherwise, Bashkim Smaj, Fadil Fazliu and Isni Kilaj were arrested on December 5th in Kosovo and transferred to the detention facility in DrsK on Friday, 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.

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 is expected to be held Monday on November 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. However, Kuci has two counts of contempt of court.