The detention of Thaci, Smajt, Kilajt of Fazliu

Kosovo Specialised Chambers ( The DPS) in The Hague have continued the detention measure to Hashim Thaci, Isni Kilajt, Fadil Fazlius and the Smajti Union, who, together with Hajredin Kuci, are accused of criminal acts against justice administration. The four decisions were made separate from the judge of the preliminary procedure Marjorie Masselot, reports the “Justice bet”. Although [...]
The four decisions were made separate from the judge of the preliminary procedure Marjorie Masselot, reports the “Justice bet”.
Although the case in which Thaci is accused of war crimes has not been found to pose a threat to escape, the case in question has been found to be escaped.
This is based on what the decision specifys: the importance of the criminal acts Thaci is accused of, poor intentions against the laws and regulations of the TSK.
In addition, the fact that Thaci continues to gain knowledge of evidence supporting charges against him in the process is also mentioned. As a result, the threat of Thaci's escape has been concluded.
Therefore, in the light of the above and in the absence of any intermediate information contrary to these, the Court of Pre-Procedure concludes that the risk of escape over Mr. Thaci continues to exist”, the decision says.
In addition to the risk of escape, the decision reportedly risks Thaci from obstructing the TSF procedures and committing other crimes by referring to his war crimes case, which has resulted in the establishment of the indictment in the current case.
“... The court of preliminary procedure concludes that there is still a danger that Mr. Thaci will hinder the progress of the TSF procedures”, the decision said.
While, according to the judge, no bail could suffice to ease existing risks except in the detention facility at The Hague.
For Smakaj, the decision stresses that there is danger of escaping, obstructing procedures and committing other crimes.
In addition, it is said that it is necessary for Smaj to remain in custody because none of the conditions proposed for parole can ease the risks sufficiently.
“... none of the conditions proposed then by Mr. Smaj, nor any other conditions imposed for proprio-Moou, can sufficiently ease existing risks, especially risks for preventing the progress of the DPS procedures and performing further criminal acts, especially considering the significant network of influential individuals within the KLA network and/or political circles that involve the accused”, the decision says.
The trial of the preliminary procedure has not been convinced of Smakaj's bail nor of 30 thousand euros, which is said to be paid fully by a third party having close family ties with the accused, nor with restrictions on communication and movement.
Like others accused of Smakaj, such conditions are said to fail to address the possibility that he use communication devices belonging to other people, and others cannot ensure effective supervision of his communications.
Although the risk of illegal messages cannot be completely eliminated, the judge of the preliminary procedure has found that the measures placed in the DSF detention facility provide solid guarantees against unobserved visits and communications.
For Kilaj, the judge of the preliminary procedure has found there is reason to believe that he can escape and could prevent the TSF procedures, as well as commit other crimes.
Judge Masselot has found that none of the conditions proposed by the defence, including the amount of 40 thousand euros in bail, frequent reporting in the Kosovo Police, restrictions on communication and movement, cannot sufficiently ease the risks related to the issue.
The trial of the preliminary procedure concludes that conditions for Mr. Kilaj, proposed earlier by Kilajt's Protection and/or any other reasonable additional conditions imposed by the Pre-Procedure Procedures Judge, remain insufficient to adequately ease the risks under Article 41 (6) (b) (i) (i) the Law's” ruling on Chilean.
The decision reportedly also revealed that the time Kilaj spent in custody is likely to pass any sentence he could face if convicted. While the judge of the preliminary procedure has recalled that such defence arguments have already been rejected as speculation and inappropriate.
As a result, the judge has found that the time Kilaj spent in custody is reasonable and has also found necessary to continue detention at this stage.
Similarly for Fazliu, it has been found that there are reasonable grounds to believe that he can escape, prevent the TSF procedures and commit other crimes.
In addition, it has been reminded that Fazliu is willing to offer guarantees, however, the judge has said none of the conditions proposed by Fazliu can ease existing risks sufficiently.
Significantly, Thaci has sought to isolate the procedure against him until the case in which he is accused of war crimes ends.
Hashim Thaci has been at The Hague's Prosecution Centre since November 2020. He is being tried for war crimes, and then brought charges against the administration of justice.
Otherwise, the Specialised Prosecutor's Office, on September 30th, 2022, has handed over the confirmed amended indictment against Hashim Thaci, Kadri Veselini, Jakup Krasniqi and Rexhep Selimi, which consists of ten points of charges, where the latter are charged with war crimes and crimes against humanity.
On April 29th 2022, the Specialised Prosecutor's Office had handed over a amended indictment to Hashim Thaci, Kadri Wessel, Rexhepi and Jakup Krasniqi, where four indictees have committed war crimes even in Gjilan, Budakov and Semtish.
On November 9th 2020, in their first appearances, Hashim Thaci's Jakup Krasniqi has been declared innocent of the charges placed on them. Wessel has also been declared in his presentation on November 10th, as has Rexhep Selimi on November 11th.
The incident against Hashim Thaci, Kadri Veselin, Rexhep Selimi and Jakup Krasniqi is confirmed on October 26, 2020.
While, 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 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 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.
Following the prosecution's complaint against the verdict to confirm the indictment, he has also been granted a form of responsibility for inciting him to commit the criminal offence to official persons in performing official duties. In this regard, Thaci has been declared innocent.
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/












