Isni Kilaj was provisionally released in Kosovo today, 10/12/2025, subject to conditions, following the most recent review of detention by the Single Trial Judge in the case of The Specialist Prosecutor v Hashim Thaçi, Bashkim Smakaj, Isni Kilaj, Fadil Fazliu and Hajredin Kuçi (“Case 12”).
In his decision of 3 December 2025, the Judge found that circumstances had changed since Mr. Kilaj’s detention was last reviewed in October 2025 and that his detention was no longer reasonable or proportionate. While the Judge found that there remained a moderate risk that Mr. Kilaj would, if released, obstruct the progress of proceedings or commit further crimes, he concluded that these risks are outweighed, in the specific circumstances of Mr. Kilaj, by the fundamental right to liberty.
The Judge considered, among other factors, that the time Mr. Kilaj has already spent in detention now exceeds the statutory minimum sentence he would face if convicted of the offences with which he is charged. The Judge also took into consideration that no evidence had been presented indicating that Mr Kilaj had attempted to obstruct the proceedings during his previous period of provisional release in 2024; that the presentation of evidence in the case of The Specialist Prosecutor v Hashim Thaçi, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi is now largely closed; and that the danger that Mr. Kilaj could influence prosecution witnesses in Case 12, given their particular circumstances, is very low. The Judge also found that Mr. Kilaj is not a flight risk, in light of his prior period of provisional release, and in light of the offer of a significant financial security that would be forfeited if he absconds.
Mr. Kilaj remains an accused in his ongoing trial and his release is subject to various conditions designed to minimize the risk that he would influence witnesses in his own, or any other case, before the Specialist Chambers.
The decision prescribes that a warrant will be issued for Mr. Kilaj’s immediate arrest if he violates any of the conditions of his release.
A public redacted version of the Decision can be accessed on the Specialist Chamber’s website.
In line with international fair trial standards and the Kosovo Constitution, accused persons may only be detained before a conviction when judges determine there are risks justifying it. For each detained person, judges reassess every two months whether such risks still exist, whether they could be addressed through alternative measures, and whether continued detention remains necessary and proportionate.