Today, Isni Kilaj was released on conditional bail in Kosovo, under conditions imposed following the latest review of his detention by the Single Judge assigned to the trial in the case of the Specialist Prosecutor v. Hashim Thaçi, Bashkim Smakaj, Isni Kilaj, Fadil Fazliu, and Hajredin Kuçi (“Case 12”).
According to the announcement from the Specialist Chambers, in his decision of 3 December 2025, the Judge found that circumstances had changed since the last review of Mr. Kilaj’s detention in October 2025 and that his continued detention was no longer reasonable or proportionate. Although the Judge found that there was still some risk that if released, Mr. Kilaj could obstruct the proceedings or commit other criminal offenses, he concluded that, in the specific circumstances, Mr. Kilaj’s fundamental right to liberty outweighed those risks.
“Among other factors, the Judge took into account that the time Mr. Kilaj has now spent in detention exceeds the minimum sentence under the law that he would face if convicted of the offenses with which he is charged. The Judge also considered that no evidence has been presented showing that Mr. Kilaj attempted to obstruct the proceedings during his previous conditional release in 2024; that the presentation of evidence in the case of the Specialist Prosecutor v. Hashim Thaçi, Kadri Veseli, Rexhep Selimi, and Jakup Krasniqi has concluded; and that the risk of Mr. Kilaj influencing Prosecution witnesses in Case 12 is very low given their specific circumstances. The Judge further found that there was no flight risk, based on his previous period of release and the significant financial bail amount that would be forfeited,” the announcement states.
It is further stated that Kilaj remains an accused in the ongoing trial, and several conditions have been set for his release, aimed at reducing the risk that he might influence witnesses in the case against him or in other proceedings before the Specialist Chambers.
“The decision stipulates that if Mr. Kilaj violates any of the conditions of his release, an arrest warrant will be issued for his immediate detention,” the announcement says.
A public, redacted version of the Decision can be read on the Specialist Chambers’ website.
In accordance with international fair-trial standards and the Constitution of Kosovo, an accused person may be held in detention prior to a verdict only when judges determine that risks exist which justify detention. Judges review, every two months for each detainee, whether such risks still exist, whether they can be mitigated through alternative measures, and whether continued detention remains reasonable and proportionate.
