At the Kosovo Specialist Chambers in The Hague, during today’s session of opening statements, all five defendants once again pleaded not guilty to charges of obstructing justice.
Hashim Thaci, Bashkim Smakaj, Isni Kilaj, Fadil Fazliu, and Hajredin Kuci are accused of obstructing justice.
Initially, Judge Kristofer Gosnel presented the case, noting that the indictment was filed on 29 November 2024 and confirmed on 16 April 2025, with an addition of criminal responsibility for Thaci.
“The charges for this case started in 2024, and meanwhile on 29 November 2024, arrest warrants were issued for Thaci, Smakaj, Kilaj, Fazliu and a summons to appear for Kuci. On 8 and 9 December 2024, the first hearing was held for the defendants, who pleaded not guilty to the charges brought against them. On 16 April 2025, following the pre-trial judge, an addition to the form of criminal responsibility regarding Thaci only was authorized, and the prosecutor submitted a confirmed, amended indictment. On 24 April 2025, Thaci pleaded not guilty to all charges brought in the indictment,” he said.
The specialized prosecutor, while reading the points of the indictment against Thaci, said that he is accused of three criminal offenses against public order and eight charges for criminal offenses against the administration of justice and public administration.
“Hashim Thaci holds criminal responsibility for the attempt of officials in performing official duties through participation in a group between at least 26 June and 18 July 2023, which constitutes a criminal offense against public order. He is also charged with attempting to obstruct officials in performing official duties through participation in the joint action of a group between at least 9 September and 30 October 2023, and with attempting to obstruct officials in performing duties through joint participation in a group between at least 6 October and 2 November 2023, all criminal offenses against public order. Thaci is further charged with breaching procedural secrecy through unauthorized disclosure of confidential information between at least 26 June and 18 July 2023, between at least 9 September and 30 October 2023, and between at least 6 October and 2 November 2023, constituting offenses against the administration of justice and public administration,” he said.
Then the prosecutor continued to present the charges against Bashkim Smakaj, stating that he is accused of one criminal offense against public order and one charge against the administration of justice and public administration.
“Bashkim Smakaj holds individual criminal responsibility for attempting to obstruct officials in performing official duties through joint participation in a group between at least 9 September and 30 October 2023, which constitutes a criminal offense against public order. He is also charged with disobedience to the court between at least 9 September and 30 October 2023, an offense against the administration of justice and public administration,” he said.
The prosecutor also presented the charges against Isni Kilaj.
“Isni Kilaj holds individual criminal responsibility for count 14, attempt to obstruct officials in performing official duties through joint participation in a group between at least 6 October and 2 November 2023, criminal offense against public order… disobedience to the court between at least 6 October and 2 November 2023, criminal offense against the administration of justice and public administration,” he said.
The prosecutor declared that Fadil Fazliu in this judicial process is accused of two criminal offenses, which are offenses against public order and against the administration of justice and public administration.
“Fadil Fazliu holds individual criminal responsibility for attempt to obstruct officials in performing official duties through joint participation in a group between at least 26 June and 18 July, criminal offense against public order… disobedience to the court between at least 16 June and 18 July 2023, criminal offense against the administration of justice and public administration,” he said.
Meanwhile, according to the indictment of the Special Prosecutor in The Hague, Hajredin Kuci is accused of a criminal offense against the administration of justice and public administration.
“Hajredin Kuci holds individual criminal responsibility for disobedience to the court between at least 1 and 13 September 2023, criminal offense against the administration of justice and public administration,” he said.
The initial indictment against the five defendants for obstructing the administration of justice was confirmed on 29 November 2024 and amended on 16 April 2025. According to the indictment, between 12 April 2023 and 2 November 2023, during various visits to the detention facility, Thaci provided Smakaj, Kilaj, Fazliu, and Kuci with confidential information about witnesses summoned by the Prosecutor in the war crimes case against Thaci and others, instructing them “to influence witness testimonies and giving details on how to act.”
The indictment further claims that Thaci coordinated three groups, composed of Smakaj, Fazliu, Kilaj, Kuci, and other persons not charged, with the aim of interfering with the testimonies of witnesses summoned by the Prosecutor in the ongoing war crimes trial of Thaci and others.
Regarding the case of obstructing the administration of justice, Bashkim Smakaj, Fadil Fazliu, and Isni Kilaj were arrested on 5 December 2024 in Kosovo and transferred to the detention facility in The Hague on 6 December 2024. Meanwhile, Thaci was handed the arrest warrant at the detention facility in The Hague on 5 December 2024, according to the KSC announcement. Hajredin Kuci was served with the confirmed indictment and a summons to appear before the pre-trial judge for the first appearance, which was held on 9 December.
The prosecutor also presented the charges against Isni Kilaj.
“Isni Kilaj holds individual criminal responsibility for count 14, attempt to obstruct officials in performing official duties through joint participation in a group between at least 6 October and 2 November 2023, criminal offense against public order… disobedience to the court between at least 6 October and 2 November 2023, criminal offense against the administration of justice and public administration,” he said.
The prosecutor declared that Fadil Fazliu in this judicial process is accused of two criminal offenses, which are offenses against public order and against the administration of justice and public administration.
“Fadil Fazliu holds individual criminal responsibility for attempt to obstruct officials in performing official duties through joint participation in a group between at least 26 June and 18 July, criminal offense against public order… disobedience to the court between at least 16 June and 18 July 2023, criminal offense against the administration of justice and public administration,” he said.
Meanwhile, according to the indictment of the Special Prosecutor in The Hague, Hajredin Kuci is accused of a criminal offense against the administration of justice and public administration.
“Hajredin Kuci holds individual criminal responsibility for disobedience to the court between at least 1 and 13 September 2023, criminal offense against the administration of justice and public administration,” he said.
The initial indictment against the five defendants for obstructing the administration of justice was confirmed on 29 November 2024 and amended on 16 April 2025. According to the indictment, between 12 April 2023 and 2 November 2023, during various visits to the detention facility, Thaci provided Smakaj, Kilaj, Fazliu, and Kuci with confidential information about witnesses summoned by the Prosecutor in the war crimes case against Thaci and others, instructing them “to influence witness testimonies and giving details on how to act.”
The indictment further claims that Thaci coordinated three groups, composed of Smakaj, Fazliu, Kilaj, Kuci, and other persons not charged, with the aim of interfering with the testimonies of witnesses summoned by the Prosecutor in the ongoing war crimes trial of Thaci and others.
Regarding the case of obstructing the administration of justice, Bashkim Smakaj, Fadil Fazliu, and Isni Kilaj were arrested on 5 December 2024 in Kosovo and transferred to the detention facility in The Hague on 6 December 2024. Meanwhile, Thaci was handed the arrest warrant at the detention facility in The Hague on 5 December 2024, according to the KSC announcement. Hajredin Kuci was served with the confirmed indictment and a summons to appear before the pre-trial judge for the first appearance, which was held on 9 December.
