Special refuses second SPS witness in judgment against Thaci and others against justice administration

This witness was the second prosecution witness, and according to what was said in the courtroom, March 3, 2026He works for the Netherlands Institute of Criminalism.

According to the decision made on March 27, 2026, which was made public on May 1, 2026, the only judge, Christopher Gosnell, has found that the report, accompanying materials and testimony of this witness, are unacceptable, with the reason that the methods applied in his report are not transparent enough, the Votrim for Justice reports.

In addition, Herlar's refusal to answer some questions with the reasoning that they are confidential had been made as the reason for this decision. It was pointed out that the Prosecutor's Office applied according to the 107th Rule, which envisions that a witness can testify with authorization from the information giver.

The only judge of judgment finds that the report, associated materials and Mr. Herlar are unacceptable on the grounds that the methods applied in the report are not transparent enough to allow a meaningful assessment of its provative value. Moreover, any provative value is overcome by prejudice stemming from the questions Mr. Herlar refused to answer or was unable to address because of the privacy obligations he mentioned, the prejudice that is added by the SPS's failure to present a request under the 107th rule. Finally, the only judge of judgment is not convinced that the report itself reflects an expertise, in light of confidential issues, which constitutes an independent and sufficient basis to ascertain that the report lacks pro value”, the decision says.

Otherwise, this prosecution witness was the expert and that his report was said to be relevant after allegedly proving two documents, one seized by Smaj and the other by Kilaj, who was printed by the same printer that was available to Thaci in the detention centre.

The defence opposed the authenticity of the report and the testimony of Koen Herlar, arguing that the methodology used is unclear and unsupported. According to her, the report contains only conclusions without adequate scientific explanations, while lack of necessary materials makes it impossible to verify the accuracy of the analysis by the parties and the courts.

The defense also points out that these shortcomings were not corrected during testimony in court, as the witness refused to answer many fundamental questions, being called to privacy. These refusal, according to the defence, have seriously violated the right to a fair trial, particularly the right to effective questions and to challenge evidence against the accused.

At the initial session on February 27th 2026, Hashim Thaci, the Smaj Union, Fadil Fazliu, Isni Klilaj and Hajredin Kuci, were declared innocent of criminal acts that were imposed on them.

On that same day (February 2726), the first witness to this court case was also given protection. His testimony ended on March 2, 2026.

On March 3rd and 4th 2026 witnessed the second witness Koen Herlaar -- criminal expert at the Netherlands Institute of Criminalism. But on March 4th the third witness witness has begun, Chrisopher Kelly-terresponspector of digital forensics. This witness completed the testimony on March 5th.

Otherwise, Hashim Thaci has been at The Hague's Prosecution Centre since November 2020. He is being tried for war crimes, as well as 2024, has been subjected to charges against justice administration.

Regarding the case against justice administration, the Smakaj Union, Fadil Fazliu and Isni Kilaj were arrested on December 5th 2024 in Kosovo and transferred to the detention facility in DHSK, 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 in The Hague on December 5th, 2024, always according to the DHSK'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 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 unprincipled 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.