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During the period covered by the indictment, Hashim Thaçi was detained in the course of his trial on charges of war crimes and crimes against humanity in the case of Specialist Prosecutor v. Hashim Thaçi et al. He is a former KLA leader and founding member of the Party for the Democratic Progress of Kosovo, which was renamed the Democratic Party of Kosovo (Partia Demokratike e Kosovës, ‘PDK’) in 2000. He has also served as Prime Minister and President of Kosovo. |
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Bashkim Smakaj is a former director of the Kosovo Intelligence Service and was employed by then-President Hashim Thaçi from 2017 to 2020. |
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Isni Kilaj is a founding member of the KLA in Malishevë/Mališevo, and former commander of the Lumi unit. Kilaj has also served as the Chairman of Thaçi’s PDK party in the Malishevë/Mališevo municipality, |
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Fadil Fazliu is a KLA veteran, who was active in the Llap Operational Zone. |
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During the period covered by the indictment, Hajredin Kuçi was a member of the Defence Team of Kadri Veseli (another accused in the Thaçi et al. case). He has previously served in then-President Thaçi’s cabinet as Deputy Prime Minister of Kosovo and Minister of Justice. |
INDICTMENT HISTORY
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29/11/2024 |
The indictment against the five accused was confirmed; made public on 06/12/2024. |
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14/04/2025 |
Following remittal by the Court of Appeals Panel, the Pre-Trial Judge amended her decision of 29 November 2024, confirming an additional mode of liability under Article 32(3) of the Kosovo Criminal Code for Thaçi in relation to counts 1, 2 and 3 of the indictment, and ordered the SPO to file an amended confirmed indictment. |
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16/04/2025 |
The SPO filed the amended confirmed indictment. |
SUMMARY OF CHARGES
According to the indictment, between at least 12 April 2023 and 2 November 2023, during separate, unprivileged visits to the Detention Facilities, Hashim Thaçi provided Smakaj, Kilaj, Fazliu and Kuçi with confidential information about SPO witnesses, instructed them to influence the testimonies of SPO witnesses, and provided details about how to do so.
The indictment further alleges that Thaçi coordinated three distinct groups, formed with Smakaj, Fazliu and Kilaj, and other uncharged individuals, and with Kuçi, in an aim to interfere with the testimonies of SPO witnesses in the ongoing Thaçi et al war crimes trial.
The charges are the following:
| Hashim Thaçi | Bashkim Smakaj | Isni Kilaj |
|---|---|---|
Three COUNTS OF CRIMINAL OFFENCES AGAINST PUBLIC ORDERAttempted obstruction of official persons in performing official duties (Counts 1, 2 and 3) EIGHT COUNTs OF CRIMINAL OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE AND PUBLIC ADMINISTRATIONViolating secrecy of proceedings (Counts 4, 5, 6 and 7) Contempt of court (Counts 8, 9, 10 and 11) |
ONE COUNT OF CRIMINAL OFFENCES AGAINST PUBLIC ORDERAttempted obstruction of official persons in performing official duties (Count 12) one COUNT OF CRIMINAL OFFENCE AGAINST THE ADMINISTRATION OF JUSTICE AND PUBLIC ADMINISTRATIONContempt of court (Count 13) |
ONE COUNT OF CRIMINAL OFFENCES AGAINST PUBLIC ORDERAttempted obstruction of official persons in performing official duties (Count 14) one COUNT OF CRIMINAL OFFENCE AGAINST THE ADMINISTRATION OF JUSTICE AND PUBLIC ADMINISTRATIONContempt of court (Count 15) |
| Fadil Fazliu | Hajredin Kuçi |
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ONE COUNT OF CRIMINAL OFFENCES AGAINST PUBLIC ORDERAttempted obstruction of official persons in performing official duties (Count 16) one COUNT OF CRIMINAL OFFENCE AGAINST THE ADMINISTRATION OF JUSTICE AND PUBLIC ADMINISTRATIONContempt of court (Count 17) |
TWO COUNTS OF CRIMINAL OFFENCE AGAINST THE ADMINISTRATION OF JUSTICE AND PUBLIC ADMINISTRATIONContempt of court (Count 18 and 19) |
PROCEDURAL DEVELOPMENTS
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02–03/11/2023 |
Isni Kilaj arrested and transferred to the KSC Detention Unit. |
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04/11/2023 |
Kilaj’s first appearance as a suspect before the Single Judge took place, pursuant to Article 41 of the Law and Rule 55 of the Rules. |
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03/05/2024 |
Due to substantial delays in the proceedings, the Single Judge ordered Kilaj’s release to Kosovo under strict conditions, finding that a further extension of his detention would be unreasonable. The decision was later upheld by the Court of Appeals. Throughout this period, Kilaj was considered only a suspect (case number KSC-BC-2018-01). |
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— Proceedings following the confirmation of the indictment (Case number: KSC-BC-2023-12) — |
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05–06/12/2024 |
Following confirmation of the indictment, Isni Kilaj, Bashkim Smakaj and Fadil Fazliu were arrested and transferred to the KSC Detention Unit. Hashim Thaçi was served with an arrest warrant at the Detention Facilities, while Hajredin Kuçi was summoned to appear for an initial appearance. |
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08–09/12/2024 |
During their initial appearances, Thaçi and Smakaj did not enter pleas, while Fazliu, Kuçi and Kilaj pleaded not guilty to all charges. |
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17/12/2024 – 14/01/2025 |
Following the decision of Thaçi and Smakaj not to enter pleas at the hearing on 17 December 2024, the Pre-Trial Judge ordered them to submit their pleas in writing by 7 January 2025. Thaçi declared his plea of not guilty on 6 January 2025, while Smakaj submitted his not guilty plea on 3 January 2025, which was made public on 14 January 2025. |
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19/09/2025 |
The SPO filed its pre-trial brief confidentially; the public redacted version of the corrected brief was filed on 7 October 2025. |
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20/10/2025 |
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12/11/2025 |
The case file was transmitted to the Single Trial Judge. |
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28/11/2025 |
The Trial Preparation Conference took place. |
Single Trial Judge |
Judge Christopher Gosnell |
Specialist Prosecutor's Office |
Joshua Hafetz, Dirk-Jan Laman |
Defence Counsel |
Thaçi: Sophie Menegon (counsel), Luka Mišetić (co-counsel)Smakaj: Jonathan Rees (counsel), Huw Bowden (co-counsel)Kilaj: Iain Edwards (counsel), Joe Holmes (co-counsel)Fazliu: David Young (counsel)Kuçi: Alexander Admiraal (counsel) |
Detention review decisions (total) |
6 (Thaçi, Smakaj and Fazliu); 5 (Kilaj) |
Trial stage |
Pre-Trial |
*As of 08/12/2025
List of all hearings
Below you can find the list of all hearings in the Thaci et al. case (administration of justice). Please note that videos and transcripts will be added to the list as they become available.
The audio visual recordings accessible are classified as PUBLIC and do not include portions of the hearings that are CONFIDENTIAL and/ or may contain portions of hearings that are re-classified to PUBLIC.
| Date | Type of hearing | Video recording | Transcript |
|---|---|---|---|
| 08/12/2024 | Initial appearance (Thaçi) | Video | Transcript |
| 08/12/2024 | Initial appearance (Smakaj) | Video | Transcript |
| 08/12/2024 | Initial appearance (Fazliu) | Video | Transcript |
| 09/12/2024 | Initial appearance (Kuçi) | Video | Transcript |
| 09/12/2024 | Initial appearance (Kilaj) | Video | Transcript |
| 17/12/2024 | Status Conference | Video | Transcript |