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.