After Hashim Thaci, even Fadil Fazliu complains of shortcomings in the indictment against justice administration

According to the statement submitted on May 8th 2025 by lawyer David Young, based on the indictment, Fazliu allegedly attempted to prevent the work of Kosovo's Specialised Chambers ( DESK) attempting to influence witness testimony 1, reports the “Justice Trust“.

The defence says the indictment is unclear as to the events allegedly occurring outside the detention centre.

It says the indictment is unclear about what Fazliu allegedly did during the meeting, which reportedly took place on June 29, 2023. Also reportedly unclear is what the accused allegedly did at the July 3rd meeting, which reportedly met witness 1 with Fahri Fazliu.

These facts, in particular points (i) and (ii), are central to the challenge of attempted obstruction and, therefore, to Mr. Fazliu to prepare his defense meaningfully, as well as to manage the process by the court”, it is said in warning.

As a result, defence says that if the SPS does not provide this information, the charges should be dropped, with the argument that the prosecution cannot rely on the lack of its investigation to shape later during the trial.

Fazliu's defence also has criticism of the descriptions the Prosecutor makes to the alleged joint group allegedly committed crimes, allegedly he, Thaci, the Smaj Union, Isni Kilaj and Hajredin Kuci.

The defense acknowledges that Mr. Fazliu, Smaj, Kilaj and Kuci are alleged members of the “groups” relevant. However, the wording of the charge may be interpreted as if it were coordinated among them. This uncertainty is not resolved by documents detected during the preliminary phase”, the statement said.

The defense also says that the indictment does not contain any material evidence of communication or activity among this alleged group.

If the SPS intends to claim inter-group assistance, it should be ordered to clearly identify the specific actions or course of Mr. Fazliu, who forms the basis for this charge, including time, country and means through which inter-group assistance has been provided. If the SPS does not possess this information, this aspect of the prosecution should withdraw”, it is now said.

As a result, the defence requires the judge of the preliminary procedure to order the SPS to change the indictment by ensuring more accuracy, and in particular clarity about the shortcomings the defence has already identified.

Otherwise, in this case 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 6, 2024, under the confirmed indictment and reported arrest 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 initial presentation, which was held on 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 Mayoriu) 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 privileged visits of July 2nd, September 9th and October 6, 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. /Periscope/