Constitutional Court dismisses H. Thaçi’s latest referral re. fundamental rights violations
A Constitutional Court Panel, composed of Judges Vidar Stensland, Roumen Nenkov and Romina Incutti, today, 24 December, made public its decision on a referral by Hashim Thaçi alleging certain violations of his fundamental rights. The referral related to the regime of special investigative measures imposed by the Single Judge on the accused during his detention last year.
Thaçi claimed that the imposition of the measures violated certain articles of the Kosovo Constitution and the European Convention for the Protection of Human Rights and Fundamental Freedoms. He complained, among other things, that monitoring his non-privileged conversations infringed on his right to privacy and certain aspects of fair trial guarantees.
The Panel determined that Thaçi’s complaint did not demonstrate a violation of his constitutional right to privacy, and consequently ruled that this aspect of the referral was inadmissible in accordance with Rule 14(f) of the Rules of Procedure for the Specialist Chamber of the Constitutional Court (“SCCC Rules”).
The Panel further found inadmissible Thaçi’s complaints concerning the right to counsel and the right to silence. Specifically, the Panel found these complaints to be premature, given that no legal proceedings have commenced in this matter and there has been no final determination on the charges. Consequently, not all possible remedies have been exhausted in line with Article 113(7) of the Kosovo Constitution, Article 49(3) of the Law, and Rule 14(f) of the SCCC Rules.
More details are available in the Panel’s decision. Please note that the referral and other filings related to this case number are not yet publicly available.
P. Shala: Full Reparation Order available in English
Please be informed that, apart from the summary distributed earlier, the full public redacted version of the Reparation Order in the P. Shala case is now available in English.
Winter court recess until 10 January 2025
As announced in our Calendar, the winter court recess at the KSC begins on Monday, 23 December and ends on 10 January 2025. During this period, no hearings are held and some non-essential services are reduced to a minimum. However, the court remains fully functional during this period and work continues across all sections of the KSC. Filings are possible during the recess and, unless otherwise ordered by the judges, judicial deadlines continue running.
Thaҫi et al. case: new decision on victims’ participation
On 18 December 2024, the Trial Panel in the Thaҫi et al. case granted a request of the Victims’ Counsel and allowed a close relative of a recently deceased victim to continue the action as a victim participating in the proceedings. As a result, the total number of participating victims in this case remains at 154.
Januzi et al. case: Bahtijari pleads guilty/decision next year
Having confirmed his comprehension of the plea agreement's terms and consequences, as outlined in Rule 94 of the Rules, Ismet Bahtijari was asked to enter his pleas regarding counts 2 and 3 of the indictment. He pleaded guilty to both counts today. The session then continued by addressing additional items outlined in the agenda and is now concluded.
The Trial Panel announced today that it will be able to make decisions regarding all plea agreements, including sentencing, only after receiving the report from the Victims’ Participation Office, which is expected by 20 January 2025 (we informed about yesterday), along with the parties' observations on the report, due by 27 January. The Panel clarified that any potential reparations must be addressed as part of the plea agreements, in accordance with Rule 94 (2)(c) of the Rules. Further instructions will be provided by the Panel after the winter recess.
Januzi et al. case: the break this afternoon (19 December) will last longer than announced
Please be informed that the current break (which started at around 15:15 live or at 16:00 in the delayed online stream) will last longer than announced. The trial is expected to resume at 16:15 (or at 17:00 in the online stream).
KSC Weekly Press Briefing on 19 December: transcript
Here is the transcript of today's KSC Weekly Press Briefing.
the archive of all previous press briefings is available on this page and the video files can be found on our youtube channel
Januzi et al. case: broadcast of Bahtijari's plea agreement hearing with 45 minutes delay
Please be informed that, same as yesterday, the streaming of the plea agreement hearing, scheduled to commence at 13:00 this afternoon, will be broadcast with a delay of 45 minutes. Click here to watch the live stream in English.
KSC Weekly Press Briefing on 19 December
Another KSC weekly press briefing will take place on Thursday, 19 December, 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.
Januzi et al. case: H. Shala and Januzi plead guilty
The hearings concerning the plea agreements of Haxhi Shala and Sabit Januzi have now concluded. Both accused confirmed their comprehension of the plea agreement's terms and consequences, as outlined in Rule 94 of the Rules. Subsequently, Shala and Januzi were asked to enter their pleas regarding counts 2 and 3 of the indictment, to which they both pleaded guilty.
Regarding potential reparations in this case, the Panel issued an oral ruling ordering the KSC Victims’ Participation Office to submit a report by 20 January 2025, detailing all victim applications, if any.
As previously announced, the plea agreement hearing for Ismet Bahtijari is scheduled to begin tomorrow, 19 December, at 13:00. Meanwhile, the details of Bahtijari’s plea agreement have been made public, as mentioned in today’s press release. Additionally, the Albanian version of Januzi’s plea agreement is now available.