During the period covered by the indictment, Hashim Thaçi was detained in the course of his trial on charges of war crimes and crimes against humanity in the case of Specialist Prosecutor v. Hashim Thaçi et al. He is a former KLA leader and founding member of the Party for the Democratic Progress of Kosovo, which was renamed the Democratic Party of Kosovo (Partia Demokratike e Kosovës, ‘PDK’) in 2000. He has also served as Prime Minister and President of Kosovo.

  

Bashkim Smakaj is a former director of the Kosovo Intelligence Service and was employed by then-President Hashim Thaçi from 2017 to 2020.

 

Isni Kilaj is a founding member of the KLA in Malishevë/Mališevo, and former commander of the Lumi unit. Kilaj has also served as the Chairman of Thaçi’s PDK party in the Malishevë/Mališevo municipality,

 

Fadil Fazliu is a KLA veteran, who was active in the Llap Operational Zone.

During the period covered by the indictment, Hajredin Kuçi was a member of the Defence Team of Kadri Veseli (another accused in the Thaçi et al. case). He has previously served in then-President Thaçi’s cabinet as Deputy Prime Minister of Kosovo and Minister of Justice.

INDICTMENT HISTORY

The indictment against the five accused was confirmed on 29 November and made public on 6 December 2024


Summary of charges

According to the indictment, between at least 12 April 2023 and 2 November 2023, during separate, unprivileged visits to the Detention Facilities, Hashim Thaçi provided Smakaj, Kilaj, Fazliu and Kuçi with confidential information about SPO witnesses, instructed them to influence the testimonies of SPO witnesses, and provided details about how to do so.

The indictment further alleges that Thaçi coordinated three distinct groups, formed with Smakaj, Fazliu and Kilaj, and other uncharged individuals, and with Kuçi, in an aim to interfere with the testimonies of SPO witnesses in the ongoing Thaçi et al war crimes trial.

The charges are the following:

Hashim Thaçi Bashkim Smakaj Isni Kilaj

Three COUNTS OF CRIMINAL OFFENCES AGAINST PUBLIC ORDER

Attempted obstruction of official persons in performing official duties (Counts 1, 2 and 3)

EIGHT COUNTs OF CRIMINAL OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE AND PUBLIC ADMINISTRATION

Violating secrecy of proceedings (Counts 4, 5, 6 and 7)

Contempt of court (Counts 8, 9, 10 and 11)

ONE COUNT OF CRIMINAL OFFENCES AGAINST PUBLIC ORDER

Attempted obstruction of official persons in performing official duties (Count 12)

one COUNT OF CRIMINAL OFFENCE AGAINST THE ADMINISTRATION OF JUSTICE AND PUBLIC ADMINISTRATION

Contempt of court (Count 13)

ONE COUNT OF CRIMINAL OFFENCES AGAINST PUBLIC ORDER

Attempted obstruction of official persons in performing official duties (Count 14)

one COUNT OF CRIMINAL OFFENCE AGAINST THE ADMINISTRATION OF JUSTICE AND PUBLIC ADMINISTRATION

Contempt of court (Count 15)

Fadil Fazliu Hajredin Kuçi 

ONE COUNT OF CRIMINAL OFFENCES AGAINST PUBLIC ORDER

Attempted obstruction of official persons in performing official duties (Count 16)

one COUNT OF CRIMINAL OFFENCE AGAINST THE ADMINISTRATION OF JUSTICE AND PUBLIC ADMINISTRATION

Contempt of court (Count 17)

TWO COUNTS OF CRIMINAL OFFENCE AGAINST THE ADMINISTRATION OF JUSTICE AND PUBLIC ADMINISTRATION

Contempt of court (Count 18 and 19)

 

LINK TO THE OPERATIVE INDICTMENT

 


PROCEDURAL DEVELOPMENTS

  • Isni Kilaj was arrested on 2 November 2023 in Kosovo and transferred to the KSC Detention Unit on 3 November 2023. His first appearance as a suspect before the Single Judge was held on 4 November 2023, in accordance with Article 41 of the Law and Rule 55 of the Rules. In May 2024, due to substantial delays in the timeline of the proceedings, the Single Judge found that extending his detention would be unreasonable and ordered Kilaj's release to Kosovo under strict conditions. The Single Judge's decision was later upheld by the KSC Court of Appeals. Throughout this period, Kilaj was only considered a suspect. 

  • Following the confirmation of the indictment against the five accused, Isni Kilaj, along with Bashkim Smakaj and Fadil Fazliu, was arrested by the SPO on 5 December and then transferred to the Detention Facilities of the Kosovo Specialist Chambers (KSC) in The Hague on 6 December 2024. Hashim Thaçi was served with an arrest warrant at the KSC Detention Facilities on 5 December, while Hajredin Kuçi was summoned to appear for an initial appearance.

  • During their initial appearances on 8 December 2023, Thaçi and Smakaj did not enter pleas while Fazliu pleaded not guilty to all charges. The following day, 9 December, both Kuçi and Kilaj pleaded not guilty to all charges.


     

Current pre-trial information/statistics*
Pre-Trial Judge Judge Marjorie Masselot
Specialist Prosecutor's Office Joshua Hafetz, Gaia Pergolo, Nico Baarlink, Dirk-Jan Laman
Defence Counsel Thaçi: Nina Tavakoli (counsel), Sophie Menegon (co-counsel)
Smakaj: Bas Martens (duty counsel)
Kilaj: Iain Edwards (counsel), Joe Holmes (co-counsel)
Fazliu: Michiel Pestman (duty counsel)
Kuçi: Alexander Admiraal (duty counsel)
Trial stage Pre-Trial

*As of 17/12/2024


List of all hearings

Below you can find the list of all hearings in the Thaci et al. case (administration of justice). Please note that videos and transcripts will be added to the list as they become available. 

The audio visual recordings accessible are classified as PUBLIC and do not include portions of the hearings that are CONFIDENTIAL and/ or may contain portions of hearings that are re-classified to PUBLIC.

List of all public hearings in the Thaci et al. case (administration of justice)
Date Type of hearing Video recording Transcript
08/12/2024 Initial appearance (Thaçi) Video Transcript
08/12/2024 Initial appearance (Smakaj) Video Transcript
08/12/2024 Initial appearance (Fazliu) Video Transcript
09/12/2024 Initial appearance (Kuçi) Video Transcript
09/12/2024 Initial appearance (Kilaj) Video Transcript