Thaci complains of shortcomings in indictment against justice administration

According to May 8, 2025, the clause 1 and 3 of the indictment charges Thaci with trying to prevent official persons from performing official duties as joint actions of a group, reports the “Justice Vowing“.

Regarding this point, in its statement the defence says the indictment is unclear and does not contain details about the facts and materials claimed by the SPS.

The preview points out that according to the indictment, this work is said to have been carried out by referring at least to an office member who has been carrying out his official duties.

According to defence, Article 401 (2) envisions obstructing an official and does not refer to obstructing a public institution such as SPS or TSF.

“In cases imposed by Kosovo courts involving Article 401 (or two similar criminal acts prior to this article), an individual official has been identified that has been prevented from carrying out a task. This official person is the victim of a criminal offense”, said in the preamble of defence.

The defence says the indictment gives nowhere the identity of the person or the official persons allegedly that Thaci tried to prevent them from fulfilling their official duties.

<x) This is simply a reference to some of the categories of victims that create a heavy form of criminal acts according to Article 401 (5). In other words, the SPS only presented elements of nine 401 (2) and (5). There's no evidence whatsoever.

Also, according to the defence, the identity of public officials should be material fact and if they do not know who or who officials allegedly prevented Thaci then could respond to the prosecution.

They say that not only has the SPS failed to specify which officials have been obstructed and what their function was, but, according to defence, the indictment contains no details about the official duties of persons allegedly hampered by Thaci.

In addition, the defence says that according to the indictment, criminal acts deal with the formal procedures of the TSF and SPS, and that it concludes that officials are from these two institutions.

However, beyond that, the indictment does not provide details. The list mentioned in paragraph 23 of the indictment is broad enough to include each DPS judge, every SPS prosecutor, every member of the SPS staff and every member of the KSC staff (including the Register or Chambers)”, is said to be in submission.

The defence says the indictment contains no details either about the obstruction of officials allegedly attempted by Thaci.

It simply says the accused “co-ordinated to influence witnesses” but does not explain how the impact on witnesses would have caused the obstruction of a public official. In the previous TSK decisions, “obstruction” is interpreted to mean “prevention, obstruction, difficulty or delay movement, passage or progress of something”. The defence reserves its position on the accuracy of this interpretation, which is an issue to be discussed in the trial. However, the indictment does not explain how the SPS alleges that a plan to contact witnesses and to connect “to them would “preempt, prevent, delay, or delay” DPS or ZPS officials in fulfilling their” tasks, it is said further.

In addition, the defence claims the indictment does not contain details about claims on actions as a common group to prevent officials' work.

According to them, the indictment identifies three groups allegedly involved in committing crime but does not explain what Thaci's behavior was or the three groups to be defined as joint action.

All in the end, the defence says the indictment does not provide Thaci with minimal information needed for him to understand and respond to accusations of obstructing official persons, which charges have been brought against him.

According to the defence, these charges are flawed and require the judge of the preliminary procedure to order the SPS to change the indictment in line with identified shortcomings.

However, if the SPS cannot do that, defence suggests Thaci's alleged obstructing official persons as an alternative.

By contrast, on April 14, 2025, the judge of the preliminary procedure, Marjorie Masselot, has changed its earlier decision to conform an indictment, so confirming the form of criminal responsibility for Thaci that falls under KPRK's 32 (3) for pushing to commit the criminal act of “Peging officials in carrying out official duties to the basis of Article 401 and (5) of the KKP. This decision had come after Apel partially approved the prosecution's complaint to the decision to confirm the indictment in the case against Hashim Thaci, the Smajt Union, Isni Kilat, Fadil Fazliu and Hajredin Kuci, where a form of criminal responsibility to Thaci has been added in the case against justice administration.

Out of four points of the SPS complaint, only what Thaci had to do with promoting Kilajt, Smajt and Fazliu to carry out the criminal work of obstructing official persons in carrying out official duties was accepted.

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.