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The Specialized Chambers of Kosovo in The Hague have made the decision to continue the measure of detention for another two months for the former president of Kosovo Hashim Thaçi and the former speaker of parliament Kadri Veseli, who are accused of war crimes.
Separate verdicts for the two defendants were handed down on October 14, 2024 by the presiding judge, Charles Smith III.
In both decisions, it is said that there is not enough information to show that if the accused are released from custody, they may escape from justice. However, it is said that there is a risk that they will obstruct the administration of justice and commit crimes against those who are perceived as opponents of the Kosovo Liberation Army (KLA), as well as against witnesses.
"The panel concludes that at this moment there is still not enough information to justify a finding that Mr. Thaçi (Veseli) may escape from justice if released. However, the Panel is satisfied, based on the relevant standard, that there is a sufficient risk that Thaçi (Veseli) will obstruct the progress of the Specialized Chambers proceedings and that he may commit other crimes against those perceived as opponents of the KLA including the witnesses who have given or may give evidence in this case and/or are expected to appear before the Specialized Chambers", the decisions against them state.
As for Thaci, also for Veseli, the Specialized Prosecutor's Office (SPO) has submitted that the respective risks that may arise from the two accused can be effectively managed only in the detention facility.
Also, in these decisions, it is stated that the SPS has submitted that the behavior of the two accused represents an increased risk due to the continuous disclosure of sensitive witness information related to the judicial process.
"The behavior of Mr. Thaçi now poses an extremely increased risk, so much so that even the standard restrictions and monitoring of communications in the Detention Center are not sufficient. Therefore, given the ongoing disclosure of sensitive information of witnesses related to the current court proceedings, fundamental risks continue to exist", states the decision to continue detention for Thaci, similar to the one for Veseli.
As a result, in these decisions, the Panel recalled that the reasonableness of continuing the detention of the accused must be assessed based on the facts of each case and its specific features.
In Thaçi's case, the influence and authority of the accused, the possibility of facing a long prison sentence, the risk of the accused committing other crimes, and others, are mentioned as specific features.
"The specific features of this case include: (i) the influence and authority of Mr. Thaçi; (ii) his knowledge of the charges and evidence against him, and the possibility of a lengthy prison sentence; (iii) the risk that Mr. Thaçi obstructs the procedures of the Specialized Chambers; (iv) the risk of committing, inciting or assisting in the commission of other crimes; (v) the fact that restrictive measures upon release are not sufficient to mitigate the risks; (vi) the importance and complexity of the charges against Mr. Thaçi; and (vii) the fact that the trial is in progress, indicating a reasonable progress of the proceedings", the decision for Thaçi states.
Whereas, for Veseli, the Panel has assessed that he is accused of ten counts of international crimes, and in case he is found guilty, he may be sentenced to a long prison term.
"According to the Panel's assessment, the specific features of this case include: (i) Mr. Veseli is accused of ten counts of serious international crimes, in which he is suspected to have played an important role; (ii) if convicted, Veseli could face a lengthy prison sentence; (iii) the risks under Article 41(6)(b)(ii) and (iii) cannot be mitigated under any conditions; (iv) the case against Mr. Joy is complex; and (v) the fact that the trial is in progress, indicating a reasonable progress of the proceedings", the decision for Veseli states.
As a result, the Panel found that the continuation of detention for another two months for the two accused is necessary and reasonable, thus ordering the continuation of such a measure.
At the end of the decisions, the court also ordered the ZPS to submit their submissions on the future review of the detention of Thaçi and Veseli until November 22, 2024, while the answers to these submissions are to be submitted according to the deadlines set by the Regulation.
The Office of the Specialized Prosecutor, on September 30, 2022, submitted the confirmed amended indictment against Hashim Thaçi, Kadri Veseli, Jakup Krasniqi and Rexhep Selim, which consists of ten counts, where the latter are charged with war crimes and crimes against humanity.
On April 29, 2022, the Office of the Specialized Prosecutor submitted an amended indictment against Hashim Thaçi, Kadri Veseli, Rexhep Selim and Jakup Krasniqi, where it is claimed that the four accused also committed war crimes in Gjilan, Budakovo and Semetishte.
On November 9, 2020, in their first appearances, Jakup Krasniqi and Hashim Thaçi pleaded not guilty to the charges against them. Veseli stated the same in his appearance on November 10, as did Rexhep Selimi on November 11.
The indictment against Hashim Thaçi, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi was confirmed on October 26, 2020.
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