Isni Kilaj remains in custody, Special Appeal breaks claim

The decision was made on September 1st 2025 by Judge Michele Picard, reports “The Law on Justice”.

This is Kilaj's fourth appeal against the detention measure, and like all three preliminary decisions, this time it was decided that his request would be dropped overall.

The appeal has found that the decision by the preliminary procedure judge, Marjorie Masselot, for the risk of obstructing procedures and committing further crimes is based on sufficient and reasonable evidence.

According to Appeal, there is no indication that the judge has made any apparent error regarding this part.

Similarly, Appeals in the decision has stressed that the judge of the preliminary procedure has examined the past period in detention, balancing it with the seriousness of the charges and risks identified.

As a result, the Special Appeal has stood in line with the verdict of the pre-procedure judge that detention is not a heavy measure and remains a necessary measure.

According to Appeal, all alternative measures proposed by the defence have been taken into account until the pre-prosecutor has clearly explained why they are not sufficient to address the relevant risks.

The appeal points out that this assessment is in line with the previous jurisdiction and international standards for human rights.

As a result, the Appeals Chamber concludes that the Court of First Stair has not erred in its assessment and that continuing detention for Mr. Kilaj is justified”, the decision says.

Thus, Kilajt's request was brought down as a whole, and the verdict of the preliminary procedure judge for continuing detention was confirmed. In addition, it was said that the decision is final and that it immediately comes into force.

Cilaj had argued that the judge of the preliminary procedure had used a wrong methodology for assessing circumstances preceding detention by violating the right to freedom.

In addition, Kilaj claims that the judge of the preliminary procedure Marjorie Masselot has repeatedly repeated previous findings of her decisions and that new assessment should always be made.

While the prosecution has said that Kilajt has been respected the right to freedom and that the judge of the preliminary procedure has decided correctly.

Otherwise, in terms of the case against justice administration, the Smaj Union, Fadil Fazliu and Isni Kilaj were arrested on December 5, 2024 in Kosovo and transferred to the detention facility in TrsK, 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.

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. /Betimy for Justice