Haxhi Shala's bail request rejected

Kosovo Specialised Chambers ( The DPSK in The Hague has rejected Haxhi Shala's request for parole.

The decision was taken by the head of DPS, Ekaterina Trendafilova on July 14th 2025, reports “The Law for Justice betrothal “, broadcasts Periscope.

Under the decision, Shala had indicated that he had fulfilled half of the sentence on June 11th 2025 and that two-thirds of it would meet on December 11th 2025. He had said his release should be considered in accordance with Article 90 of the Kosovo Criminal Code, which according to him allowed such bail after fulfilling half the pronounced sentence. Shala had been transferred to The Hague in December 2023.

“Z. Shala also predicted that implementing the 90th KKP article would meet a gap stemming from Article 51 (2) of the Law, which envisions the possibility of changing or modifying the sentence, as the legal framework of the Specialised Chambers does not specifically regulate when such change or modification can be provided. He predicted that the rule of two-thirds is provided only for lowering the sentence, and the 10th subject of the Practical Guide does not “means that the Speaker can modify or change the” sentence unless the reduction of the sentence is considered appropriate”, the decision says.

The Specialised Prosecutor's Office had rejected this stance, claiming that Shala is trying wrongly to implement this article contrary to the DSF Law.

“The SPS further envisioned that KPK provisions do not meet any gap, as the legal framework of specialised rooms specifically envisions lowering, modification and changing sentences”, the decision said.

The decision states that the head of the DPS in several previous cases requirements for the reduction, modification or amendment of the sentence become acceptable for consideration only if they have met two-thirds of the sentence.

As for Shala's argument of KKP's 90th article is applicable in DrsK, the chairman has said she cannot be supported.

The chairman says the letters exchanged between Kosovo and the EU, ratified in the Kosovo Assembly, predict that the TSF structures will be regulated by their status and rules of procedure and evidence, including provisions for restrictions on granting forgiveness, detention or execution of sentences abroad.

The chairman has said in her decision that the TSF's functioning is regulated exclusively with Article 162 of the Constitution and the legal framework lex specialist (which refers to the special law on TSF)

This includes the Law with special references to Kosovo's applied laws, regulations and other legal documents of Specialised Chambers, such as practical guidelines, adopted in line with Article 19 (6) of the Law. As far as other laws of Kosovo apply, Article 3 (4) of the Law specifically stipulates that no other Kosovo law, which is not specifically included in the Law, will be implemented for organisation, management, functions or jurisdiction of the Special Chambers. The execution of sentences, including the possibility of early release, is an integral part of the management and operation of Specialised Chambers”, the decision says.

According to President Trendafilova, any other Kosovo law that is not included in the DPS Law is not applicable.

“ ... Any other Kosovo law not explicitly included in the Law is not applicable to the Specialised Chambers under the first sentence of Article 3 (4) of the Law. Since its application would be contrary to Article 3 (4) of the Law and Article 162 of the Constitution”, any application of it would be in conflict with Article 3 (4) of the Law and Article 162 of the Constitution” is further said in decision.

As a result, the chairwoman has said in her decision that it does not stand for Shala's claim that an alleged vacuum under the DSF legal framework is met with the 90th KKP article.

“Taking into account as follows, the requirement for meeting two-thirds of the sentence is a standard requirement for any request for discounting, modification or change of sentence under the specific regulatory framework before the Specialised Chambers”, the decision stresses.

As a result, Shala's request was rejected as unacceptable for consideration, since it has not met two-thirds of his sentence.

Otherwise, on February 4th 2025, the court's plea against Shala and two others (Esmet Bahitari and Sabit Januzi) has been declared, with what cases the court agreed to the pleas. As a result, Haxhi Shala was sentenced to three years in prison, and Bahhitari and Januzi for two years.

The court ordered Shala to pay 400 euros for victim 1, while Januzi paid 100 euros. Financial obligations were not defined for Bahhitari. This obligation was carried out and the victim was handed over on February 17th 2025.

Sabit Januzi and Ismet Bahitari were released on parole. The decision to release them was taken on February 19th 2025, while release was defeated on February 21st 2025.

Sabit Januzi, Haxhi Shala and Ismet Bahitari pleaded guilty to criminal acts against justice administration and intimidation through an agreement reached between them and the Specialised Prosecutor's Office. This agreement was reached a few days before the trial against them began in November 2024.

During hearings to change guilty statements, Bahhitari and Januzi had expressed regret over the deeds they admitted to do.

The Specialised Prosecutor's Office (ZPS) had handed over the joint indictment on January 12th 2024 on the case of Sabit Januzi and Ismet Bahitari and Haxhi Shala.

The act against them has been established on October 4, 2023, with which they are charged with attempting to persuade a witness not to give a witness.

As far as the procedure was concerned, on February 8, 2024, preliminary procedure judge Nicolas Guillou had approved the request of the Specialised Prosecutor's Office (ZPS) for uniting the charges confirmed in the case against Ismet Bahitari and Sabit Yanuzi with that of Haxhi Shala.

The decision to bring together the charges is said to have concluded that the two charges confirmed in the case of 10 and 11 charge the three accused of the same criminal acts, specifying that they have acted as a group. The ruling also notes that the charges confirmed in these two cases arise from the same actual claims. As a result, it was decided that the common issue will continue with the KSC-BC-2023-10, which will be renamed in such a way as to involve the three indictees.

However, new accusations were added to Bahhitari and Januzi for intimidation through promise or gift. These charges were included in the joint indictment against the three indictees, as well as changes to it were confirmed on July 8, 2024. As a result, the SPS had handed over the joint indictment along with relevant changes on July 10th.

As with the preliminary charges, Bahhitari and Januz were declared innocent. This situation changed the dates that were set for the passage of the court, where June 21, and July 22, 2024 was originally assigned.

Otherwise, Shala had demanded that his process be separated from Bahhitari and Januzi, in order to have a more accelerated trial, but that requirement was rejected.

The case against these three indictees was handed over to the court on September 4th, where, in preparation hearings, the trial was decided to begin on November 14, 2024. But, at the request of the parties to finalise the pleas for pleas, the trial was postponed.

On November 13, 2024, Z The SP informed the juro that they have reached guilty plea agreement with the three accused and, on December 6, Z. The SP had delivered the revised version of the indictment, as the court had ordered, including the plea agreement. Proselytically, the agreements reached between Shala and Januz had been accepted, while Bahhitari's was described as having procedural shortcomings.

However, on December 16th, the parties had informed the juro that they had reached a new plea agreement with Bahhitari and handed it over to the court. In this regard, the parties had submitted the revised indictment, which was based on July 10, 2024, but included changes made to December 17th over the plea agreement.

As a result, at the December 18th session, Shala and Januzi were found guilty of their deeds, and the agreement reached between the SPS and Bahitari was progressively accepted. On December 19, however, Bahhitari was repentant and guilty.

The Specialised Prosecutor's Office (ZPS) had handed over the joint indictment on January 12th 2024 on the case of Sabit Januzi and Ismet Bahitari and Haxhi Shala.

At the first session, in front of preliminary procedure judge Nicolas Guillou, Bahhitari and Januzi have pleaded innocent to charges imposed by the Specialised Prosecutor's Office.

Also, changes have been made on July 8th in the joint indictment, where charges against Bahitari and Januzi have been added for intimidation through promise or gift, which is defined by the Kosovo Criminal Code.

The act against them has been established on October 4, 2023, with which they are charged with attempting to persuade a witness not to give a witness.

They are accused of attempted obstructing official persons for carrying out official office, by grave threat, between April 5th and 12th, 2023, criminal acts against public order, punishable under articles 17, 21, 28, 31, 33, 35 and 401 (1) and (5) KKP, and articles 15 (2) and 16 (3) of the Law.

Also, for trying to deter official persons from carrying out official office, through participation in a group's joint action, between at least 5 and 12 April 2023, criminal action against public order, punishable under articles 17, 21, 28, 33, 35, and 401 (2) and (5) KKP, and articles 15 (2) and 16 (3) of the Law. Also, for trying to intimidate during the criminal procedure, between at least 5 April 2023, criminal acts against justice administration and public administration, punishable according to provisions 17, 21, 31, 33, 35 and 387 of the KKP, and nines 15502) and 16 (3) of the Law.

On 6 October, in a report by the Specialised Prosecutor's Office, it is said that Ismet Bahtiari and Sabit Jauzi have been arrested and transferred to The Hague under suspicion that they have tried to convince a witness not to give a witness.

According to the indictment, Sabit Januzi and Ismet Bahitari, through the grave threat and joint action of a group of people in whom both attended, tried to prevent official persons, such as judges, prosecutors, court officials, prosecutorial officials or persons authorised by the court or prosecution, in carrying out official duties.

In the indictment of December 12, 2023, however, Chief Special Representative Kimberly West accuses Shala of fearing witnesses, trying hard to prevent official persons from performing official duties individually and group participation.