The Special Court in The Hague today provisionally released former KLA members Bashkim Smakaj and Fadil Fazliu, accused of obstructing the court by improperly influencing witnesses in the trial of former KLA leader Hashim Thaci and his co-defendants for war crimes in Kosovo and Albania in 1998-99.
Thaci himself, along with Smakaj, Fazliju, Isni Kiljaj and Hajredin Kuci, was charged with obstruction and contempt of court. According to prosecutors, Thaci disclosed confidential court information and revealed the identities of protected witnesses while they visited him in custody in 2023.
Through Smakaj, Fazliju, Kiljaj and Kući, Thaci sent instructions to the witnesses, former KLA leaders Rustem Mustafa, known as Commander Remi, and Bisljim Zirapi, from custody in The Hague on how to testify, the indictment states.
The trial of Thaci, Smakaj, Fazli, Kiljaj and Kuci is scheduled to begin on February 27th.
The court ordered Smakaj, Fazliju, the previously released Kiljaj, as well as Kući, who was not even detained, to appear in The Hague at the beginning of the trial.
According to the decision of the individual judge published today, Smakaj was released on bail of 50.000 euros, while Fazli posted a bail of 40.000 euros.
Smakaj and Fazliu have been in The Hague custody since December 5, 2024, when they were arrested in Kosovo, together with Kiljaja.
Single Judge Christopher Gosnell justified his decision to release Smakaj and Fazliju on bail by the fact that they have been in custody longer than the minimum sentence they could be sentenced to.
Further detention, in that case, cannot be justified or proportionate, according to the judge.
Although there is a "moderate" risk that those at large could obstruct the work of the court, Judge Gosnell assessed that their right to liberty pending trial carries greater weight.
According to the decision, there is no risk of the defendants fleeing, as in that case they would be left without the money they deposited.
Smakaj is the former head of Kosovo's intelligence service and worked for Thaci while he was president of Kosovo.
In two counts, Smakaj (49) and Fazljiu (65) are accused of attempting to obstruct an official, an investigator of the Hague Prosecutor's Office, in the performance of his official duty and of contempt of court in The Hague.
According to the indictment, Thaci, from his detention in The Hague, "coordinated the actions of three groups of persons" led by Smakaj, Fazliju and Kiljaj "in order to influence the testimony of prosecution witnesses" at the war crimes trial.
According to the indictment, Smakaj visited Thaci on September 9 last year, who gave him confidential information about prosecution witnesses.
"On that occasion, Thaci repeatedly ordered the visitor to give the witness instructions on how to testify," the indictment states.
As specified in the indictment, Thaci gave further instructions regarding the testimony of the same witness to Smakaj during his visit on October 7, 2023...
On October 30 of that year, Hague investigators searched Smakaj's car and found "a document in it detailing the content of the expected testimony of Witness 2."
The document, as the indictment states, "presents an account of events in accordance with the instructions Thaci gave" to Smakaj and others during visits on September 9 and October 7, 2023.
As stated in the indictment, Fazlji was visited by Thaci in The Hague detention center on July 2, 2023, who gave him confidential information about the prosecution's witnesses and asked him to tell one of the witnesses how he should testify.
They "agreed for Fahri Fazliju, son of Fadil Fazliju, to meet with witness 1."
The day after the visit to Thaci, on July 3, 2023, Fahri Fazliju, as the indictment states, "exchanged messages with Witness 1 and suggested that the two of them and Fadilj Fazliju meet later that day, in accordance with the instructions given to Fadilj Fazliju by Thaci."
According to the indictment, the father and son Fazli had already met with the witness on June 29, 2023, before visiting Thaci.
The first defendant, Thaci, is charged with three counts of attempting to obstruct officials in the performance of their official duties; four counts of the indictment charge him with violating the confidentiality of proceedings, and another four counts of contempt of court.
Thaci has been in custody in The Hague since autumn 2020, and closing arguments are ongoing in a separate trial in which he is charged with war crimes.
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