The Specialized Chambers and the Office of the Specialized Prosecutor in The Hague have published the edited version of the new indictment against the former president of Kosovo, Hashim Thaçi, as well as against four other persons, who are accused of criminal offenses related to "claims for illegal attempts to influence the testimony of witnesses in the trial of war crimes Thaçi and others".

A day earlier, the Specialized Chambers announced that on November 29, 2024, the indictment was confirmed against Thaçi as well as against the former Minister of Justice, Hajredin Kuçi, the former head of the Kosovo Intelligence Agency, Bashkim Smakaj, the former mayor of Malisheva, Isni Kilaj, and Fadil Fazliut.

The indictment describes the meetings that Thaçi held with the other four accused in the detention center in The Hague, and it is alleged that he gave them instructions on how the witnesses in the case against him should testify.

The trial against Thaçi and the other former leaders of the Kosovo Liberation Army, Kadri Veseli, Jakup Krasniqi and Rexhep Selimi, who are accused of war crimes and crimes against humanity, is currently underway in The Hague.

The Office of the Specialized Prosecutor also claims that during the raids it has carried out in Kosovo, it has found evidence on some of the accused, such as lists of witness names or even instructions on how they should testify.

What does the indictment say about the meetings in the detention center in The Hague?
The indictment mentions Fadil Fazli's visit to the detention center in The Hague on July 2, 2023, where he met with Thaci.

"During the visit, Hashim Thaçi gave confidential information about the ZPS witnesses" for the case against him. There it is said that he gave Fazliu "detailed instructions that Fazliu had to convey to the ZPS witness or how witness 1 had to testify".

The indictment alleges that Thaçi and Fazliu agreed on how to give instructions, and arranged for Fazliu's son, F.Fazliu, to contact Witness 1 to arrange a meeting.

The SPO claims that Fadil and his son had previously met with the witness and exchanged phone messages on June 26 and July 3 as well, setting a meeting later on July 3, 2023, “in accordance with Hashim Thaçi’s instructions to Fadil Fazliu.”

The prosecution claims that at the time Thaçi met with Fazliu, witness 1 had not made public that he would be a witness in The Hague and his testimony was classified as confidential.

The time when this witness testified before the Specialized Chambers is redacted in the indictment.

The 15-page indictment also mentions a visit on September 3 of last year by Hajredin Kuçi, who visited Thaçi in the detention center.

There, too, it is said that Thaçi had instructed Kuçi on how to convey to the witnesses how they should testify.

"Hajredin Kuçi repeatedly confirmed and/or agreed with Hashim Thaçi's instructions regarding witness influence and gave suggestions regarding the instructions to be given to witness 5 and witness 6. Hajredin Kuçi also confirmed that he had met on saw witness 5 at least once to discuss witness 5's testimony," the indictment states.

Regarding the former head of the AKI, Bashkim Smakaj, the ZPS said that he, together with B.Sh and AB, visited Thaçi in the detention center on September 9, 2023.

Even during this meeting, the Specialized Prosecutor's Office claims that Thaçi gave confidential information to the witnesses in the case against him and instructed "one or several of the visitors" to give instructions to witness 2 and how to testify in the case against him.

“Hashim Thaçi considered the testimony of witness 2 to be decisive and gave detailed instructions on what witness 2 should say during his testimony. Hashim Thaçi asked the visitors to come and see him again after a month at the detention center,” the indictment states. It adds that Smakaj and AB met with Thaçi again on October 7, allegedly to give him further instructions on how witness 2 should testify.

The ZPS said that during the inspection of Smakaj's car on October 30, 2023, documents were found that dealt with the subject of the testimony expected to be given by witness 2 "with a version of events that was consistent with the instructions given by Hashim Thaçi during visits to the detention center on September 9 and October 7, 2023".

For this witness as well, the SPS said that he had not made his status public and the Specialized Chambers had protected his identity by intensifying it only with his witness code.

As for Isni Kilaj, he, together with VK, had met Thaçi in The Hague on October 6 at the detention center, the indictment said.

During this visit, the SPS claims that Thaçi gave them confidential information about witnesses in the case against him, with instructions for witness 4 - a protected witness - "how he should testify".

While giving the instructions, Hashim Thaçi gave references and parts of the previous confidential statements of witness 4. Also, Thaçi discussed the confidential evidence of witness 3", the indictment said.

In the indictment it was said that during the inspection of Kilaj's property on November 2, 2023, materials were found "with confidential information about the processes of the Specialized Chambers of Kosovo [DHSK] and identification data of protected witnesses, including the names of the witnesses". adding that concretely torn pages of the statements of witness 4 were found, "among which the part that Thaçi referred to during the visit of October 66 2023".

Also, the SPS said that sheets of a notebook were found, which allegedly contained a summary of the current witnesses and their witness codes.

In the indictment it is stated that Thaçi, together with Fazliu, Smakaj, Kilaj and Kuçi, have obstructed the official persons in the performance of their duties. It says that the former president of Kosovo directed these efforts through the unprivileged visits he made to the detention center in The Hague.

"Through their actions, Hashim Thaçi, Fadil Fazliu, Bashkim Smakaj, Isni Kilaj and others attempted to compromise the ability of the DHSK/ZPS to effectively investigate and prosecute crimes, including the ability of the DHSK /ZPS to obtain and protect relevant witness evidence", the indictment reads.

Smakaj, Fazliu and Kilaj were arrested on December 5 in Kosovo and taken to the Specialized Chambers detention building in The Hague a day later, the court said.

Meanwhile, the indictment and summons to appear before the Specialized Chambers have been delivered to Kuci. The first appearance of the accused will take place on December 8.

Thaçi - who is being tried by this court in a separate case against former KLA leaders for war crimes and crimes against humanity - is accused of coordinating "three separate groups" together with Smakaj, Kilaj, Kuçi and Fazli to influence the testimony of Prosecution witnesses in the case against him and others for war crimes.

The indictment claims that criminal offenses against the administration of justice were committed from April 12, 2023 to November 2 of the same year, during non-privileged visits to the detention facility in The Hague between Thaçi and other accused persons.

In the new indictment, Thaçi is charged with three charges of attempting to obstruct official persons in the performance of official duties, by participating in the joint action of a group; four charges of breaching the confidentiality of proceedings, and four charges of disobeying the court.

Fazliu, Smakaj and Kilaj are accused of attempting to obstruct official persons in the performance of their official duties, by participating in the joint action of a group, and of disobeying the court.

Kuçi faces two charges of disobeying the court.

The Specialized Chambers of Kosovo have so far announced two verdicts for obstruction in the administration of justice.

Two former figures of the KLA Veterans Organization, Hysni Gucati and Nasim Haradinaj, have been convicted for obstructing justice until now.

Meanwhile, the Special Court has also pronounced two verdicts for war crimes.

The Special Court was established in 2015 by the Assembly of Kosovo and is part of the judicial system of Kosovo, but operates with international personnel and is headquartered in The Hague.

The Specialized Chambers and the Specialized Prosecutor's Office investigate alleged crimes committed by members of the Kosovo Liberation Army against ethnic minorities and political rivals from January 1998 to December 2000.

The fear of witness intimidation was one of the reasons why this Kosovo court is located in The Hague and not in Pristina, "taking into account that it is about sensitive issues and the fact that some of the suspects in certain parts of Kosovo society can be considered as freedom fighters", it was said in the communiqué of the Government of the Netherlands, issued as early as 2016, when it was decided for this court./REL/