Ban on visits to Thaçi in The Hague is considered a violation of the European Convention
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The decision of the Kosovo Specialist Chambers in The Hague to prohibit eleven individuals from visiting former president Hashim Thaçi, who is in detention, is being described as a violation of the European Convention on Human Rights and as an illogical ruling.

On August 18, 2025, the pre-trial judge, Marjorie Masselot, issued this decision, which foresaw a ban on visits by eleven individuals, among them Artan Behrami, Blerim Shala, Ismail Syla, Vllaznim Kryeziu, Milaim Ahmetaj, Milaim Cakiqi, Avni Kastrati, and four others whose names were redacted.

The restriction on visits to Thaçi followed a request by the Specialist Prosecutor’s Office, which had also sought to extend the ban to Thaçi’s three brothers. However, the court rejected this request, stressing the importance of maintaining family contact, particularly after the death of his father.

Court-appointed lawyer Artan Qerkini considers this decision of the Specialist Chambers against former president Thaçi to be a violation of Article 8 of the European Convention, which guarantees every individual the right to private and family life.

In his view, the request of the Specialist Prosecutor’s Office should have been rejected in its entirety, as it does not meet the proportionality test.

“Even though very restrictive measures are already in place regarding unprivileged visits to Mr. Thaçi — since those visits are always monitored with electronic audio devices, and investigators and interpreters are present — he has already faced restrictions, and this limitation is extremely harsh and entirely contrary to proportionality… I believe that in this case, Article 8 of the European Convention, which guarantees everyone the right to private and family life, has been violated. A detainee does not lose all rights; the restrictions imposed on Mr. Thaçi’s visits already limit this right to a certain extent. We know this right is not absolute and may be restricted in specific circumstances, but not in such a severe manner,” he said.

The request of the SPO, at this stage of the trial when the defense is expected to begin presenting witnesses in September, is considered illogical.

The Director of the Council for the Defense of Human Rights and Freedoms, Behxhet Shala, told KosovaPress that the Specialist Chambers has approved almost all requests of the SPO but not those of the defense of the accused.

“We are in a situation where the Specialist Chambers, at the request of the Prosecutor’s Office, has approved practically all of its requests, but almost none from the defense or the accused. What the Specialist Prosecutor’s Office has requested might have made sense during the investigation phase, in order not to obstruct investigations or for another reason. But now, when the Prosecutor’s Office has already completed the questioning of witnesses it was interested in, there is no logic for it to request a ban on visits. Even during the harshest dictatorships that Kosovo endured under former Yugoslavia after World War II, there were no such draconian measures taken against some of the accused,” he said.

The ban on eleven people from visiting former president Hashim Thaçi in The Hague is also considered unacceptable by his wartime comrades.

The Chairman of the Kosovo Liberation Army War Veterans' Association, Hysni Gucati, said that the behavior of the Specialist Chambers toward Thaçi is regrettable.

“We do not expect miracles from that court. We know it has imposed bans before, on Cali, and now on President Thaçi. We have received it with much regret because I myself have been imprisoned and I know what it means when a friend, comrade, or someone else is prevented from visiting you. For us as an association, it is unacceptable; we have already condemned it in due time. It is unacceptable, and we do not expect anything better from that court. Every day we expect new surprises to occur,” emphasized Gucati.

This week, the Kosovo Specialist Chambers in The Hague did not allow former president Hashim Thaçi to appeal the decision banning eleven individuals from visiting him.

Thaçi, one of the leaders of the Kosovo Liberation Army, has been held at the Detention Center in The Hague since November 2020.

The indictment against Thaçi and others was confirmed on October 26, 2020.

In the Dutch city, on September 15, 2025, the defense of former KLA leaders Hashim Thaçi, Kadri Veseli, Rexhep Selimi, and Jakup Krasniqi is expected to begin presenting evidence.

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