Live update

The KSC has received several questions from journalists and members of the public following the death of Hashim Thaci’s father about whether Mr. Thaci will be permitted to visit Kosovo, as he was permitted to do last week when he visited the hospital, and on two earlier occasions.

Keenly aware of the importance of being with family in situations like this, the Kosovo Specialist Chambers legal framework allows detainees to request a visit to Kosovo on compelling humanitarian grounds. The judges adopted this rule based on international human rights law, including Article 5 of the European Convention on Human Rights and the United Nations Standard Minimum Rules for the Treatment of Prisoners.

So far, thirteen such visits by detainees to Kosovo have been ordered by the judges of the Specialist Chambers and managed by the court, for example for a detainee to visit a sick relative or to pay their respects and spend time with close family members after the death of a relative.

When a detainee makes a request of this nature, the judge or judges dealing with the case assess all of the circumstances at the time that the request was made with the urgency and compassion that situations such as this one require. They decide based on the KSC’s legal framework and international human rights standards.

At the moment, the court is not able to provide information about any specific request or decision in relation to Mr. Thaci. This is because requests by a detainee and the decisions on those requests are always initially confidential for reasons that include privacy and operational security. After a humanitarian visit is completed, the judges typically reclassify these documents so that the public can be informed in more detail. It is also important to emphasize that while such visits, when ordered by the judges, are organized as quickly as possible, this can take some time, requiring close coordination with a number of actors, and complex logistical arrangements, including flights and security.

Here is the transcript of today's KSC Weekly Press Briefing.

Due to compelling humanitarian grounds, the Trial Panel and the Pre-Trial Judge have instructed the Registry to manage a custodial visit to Kosovo for Hashim Thaçi to be with his father. During this custodial visit, the accused remains in detention and in the custody of the Specialist Chambers.

Another KSC weekly press briefing will take place on Thursday, 13 March, at 14:30. During this briefing, the KSC Spokespersons will provide a short update on the latest developments in the judicial proceedings before the KSC, as well as on other public activities of the Court. Journalists will have the opportunity to ask questions. Pre-registration is required to attend each briefing. To pre-register, please send an email with name and affiliation to [email protected]. Deadline for pre-registration is every Thursday at 12:00. The Zoom details will be shared following pre-registration. Recordings of the update provided during the Weekly Press Briefings will be made available on the KSC YouTube Channel.

As indicated in the Registrar’s notification made public earlier this month, Sophie Menegon has already been appointed as Hashim Thaçi’s lead counsel in the case concerning administration of justice charges against him, Smakaj, Kilaj, Fazliu and Kuçi. Prior to that, the Pre-Trial Judge approved the withdrawal of Thaçi’s former lead counsel Nina Tavakoli and that decision is now made public in our Public Court Records.

On 6 March 2025, Trial Panel I denied Haxhi Shala's request to reconsider its earlier ruling regarding the Legal Aid Fee for his Defence. Shala contested the complexity level of his case and the funding allocated for his Defence, urging the Trial Panel to review the Registrar's decision made the previous year. On 13 February of this year, the Trial Panel dismissed that Defence request. Subsequently, the Defence submitted another request for reconsideration of that ruling, but the Panel also rejected it today, concluding that the Defence failed to demonstrate a clear error in reasoning that would justify reconsideration.

 A number of filings on this matter have been made public recently and are now available in our Public Court Records.

On 6 March 2025, a Constitutional Court panel, consisting of Judges Vidar Stensland, Roumen Nenkov, and Romina Incutti, decided on a referral from Haxhi Shala, who alleged violations of his fundamental rights. Specifically, Shala contended that the Pre-Trial Judge failed to consider the lawfulness and merits of his detention during the initial appearance on 13 December 2023, which he argued contravened his right to liberty and security as stipulated in Article 5(3) of the European Convention on Human Rights and Fundamental Freedoms. 

While the Panel found the referral admissible, on the merits, it concluded that Shala’s initial appearance complied with the aforementioned Article. They noted that he was adequately informed of the Pre-Trial Judge’s reasoning on his detention and afforded the opportunity to be heard, and that, although the Pre-Trial Judge could have been more explicit, his decision does not suggest he overlooked the lawfulness and merits of Shala’s detention. More details can be seen in the full decision of the Panel.

Please note that the same matter was also addressed by both the Court of Appeals and the Supreme Court, as we informed before.

Here is the transcript of today's KSC Weekly Press Briefing.

Another KSC weekly press briefing will take place on Thursday, 6 March, at 14:30. During this briefing, the KSC Spokespersons will provide a short update on the latest developments in the judicial proceedings before the KSC, as well as on other public activities of the Court. Journalists will have the opportunity to ask questions. Pre-registration is required to attend each briefing. To pre-register, please send an email with name and affiliation to [email protected]. Deadline for pre-registration is every Thursday at 12:00. The Zoom details will be shared following pre-registration. Recordings of the update provided during the Weekly Press Briefings will be made available on the KSC YouTube Channel.

After the Pre-Trial Judge's ruling that we reported on last week, the Trial Panel in the case for war crimes and crimes against humanity against Thaci and others has also denied the same request for Hashim Thaci's temporary release. The public redacted version of this decision is now also available in our Public Court Records.

The legal framework of the Kosovo Specialist Chambers allows detained persons to make requests for a custodial visit to Kosovo when there are compelling humanitarian grounds. The relevant judges decide on any such requests, based on the information provided at the time a request is made.