9 hours agoBanning visits to Thaci, lawyers consider the European Convention on Human Rights a violation
Periskopi(10 months ago)
(10 months ago)Kosovo's Specialised Chambers' decision in The Hague to prevent eleven people from visiting former president Hashim Thaci, who is in custody, is being described as violating the European Convention for Human Rights and as an irrational decision. On August 18, 2025, the judge of the preliminary procedure, Marjorie Masselot, made this decision [...]
On August 18th 2025, the judge of the preliminary procedure, Marjorie Masselot, made this decision that envisioned stopping visits for eleven people, among them Artan Behrami, Blerim Shala, Ismail Syla, Vlasnim Kryeziu, Milaim Ahmetaj, Milaim Cakiqi, Avni Kastrati, and four others with read names.
Restricting visits to Thaci came after the request of the Specialised Prosecutor's Office, which had demanded that the ban be applied to Thaci's three brothers, but the court rejected the request, stressing the importance of maintaining family contact, especially after his father's death.
Special Court lawyer Artan Kerkin estimates that this Special Decision against the former president, Thaci is a violation of Article 8 of the European Convention, which guarantees each person the right to private and family life.
For his obedience, the request of the Court's Specialised Prosecutor's Office has had to be refused as a whole because it fails to meet the properciency test.
Even though in effect there are very restrictive measures in the case of privileged visits to Mr. Thaci because those visits are always watched with electronic voice hearing devices, then investigators, translators are present, so that he has only the following restrictions and that restriction is very severe and entirely contrary to proportion... I think in this case the Article 8 of the European Convention has been violated that guarantees every man his right to private and family life. The detainee does not lose all rights, the restrictions that have been imposed on Mr. Thaci on the visit are those that to some extent limit that right. We know that this is not absolute can be limited to certain circumstances, but not so harshly”, he said.
The SPS's request at the current judgment point when in September it is expected to start hearing witnesses on the part of the defence is considered unreasonable.
Council for Protection of Human Rights and Freedoms Director Behxhet Shala for Kosova Pres, that the Special Court has approved almost all the SPS requests, but not even the protection of the accused.
“E has a situation when the Special Court at the request of the Prosecutor has approved and almost no requests of protection or of those charged or convicted. That's what the Special Prosecutor asked for, it would probably have meaning in the phase of the investigation and then not to prevent the investigation or for some other reason, but now that we have an example where the prosecution has concluded the interview of witnesses who have been interested in the prosecution, there is no logical prosecutorship to ask for a ban on visits ... either at the time of the worst dictatorships Kosovo has been through in the time of the former Yugoslavia since the end of World War II did not have after taking such a case of taking so much drastic measures against certain accused, he said.
The detention of eleven people to visit former president, Haxhim Thaci, in The Hague is unacceptable even to his fellow fighters.
Kosovo Liberation Army Veterans Organisation Chairman Hysni Gucati said he regrets the Special Court's behaviour against Thaci.
We don't expect miracles from that court, we know it's stopped again, there's a stop at Cal, now at President Thaci, we've been very sorry because I was a prisoner myself, you know what it means to stop and not come to my friend or someone to visit. It is unacceptable to us as an organization, but we have long condemned it. It's unacceptable and we don't expect any better from that court, and every day we expect something new to happen that surprise”, Gucati stressed.
During this week, Kosovo Specialised Chambers ( In The Hague, they did not allow former President Hashim Thaci to appeal the decision to prevent eleven persons from visiting The Hague.
One of the leaders of the Kosovo Liberation Army, Hashim Thaci, is located at The Hague's Pre- Hamil Centre since November 2020.
The Act on Thaci and others has been confirmed on October 26, 2020.
In the Dutch city on 15 September 2025, it is expected to start presenting evidence on the part of the former KLA leaders' defence: Hashim Thaci, Kadri Veselini, Rexhep Selimi and Jakup Krasniqi. /Periscope/
