Proceedings are continuing at the Kosovo Specialist Chambers in The Hague, where closing arguments are being presented in the criminal case against former Kosovo President Hashim Thaçi, as well as Bashkim Smakaj, Isni Kilaj, Fadil Fazliu and Hajredin Kuçi. All of them are accused of criminal offenses against the administration of justice.
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During Wednesday’s hearing, Hashim Thaçi’s defense asked the trial panel to find him not guilty and acquit him of all charges.
Defense lawyer Sophie Menegon said the verdict should be based solely on evidence and not on what she described as speculation by the Specialist Prosecutor’s Office (SPO). “We ask that your decision be based on evidence and not speculation, and that it result in acquittal on all charges,” Menegon said.
According to the defense, the witnesses cited by the prosecution, including Rrustem Mustafa, Bislim Zyrapi and a protected witness, denied during questioning that they had been influenced by Thaçi or by other individuals.
The defense claimed that no concrete interference in the administration of justice had been proven during the proceedings. It also argued that the SPO had failed to prove Thaçi’s guilt beyond a reasonable doubt.
Menegon also criticized the prosecution’s handling of the forms of criminal responsibility. According to her, the indictment is incoherent in this regard and the charges are not supported by sufficient evidence.
The defense also challenged the testimony of the prosecution’s expert, Koen Herlaar, describing the methodology he used as problematic.
The SPO, meanwhile, asked for all the accused to be found guilty and sentenced. The prosecution requested six years in prison for Hashim Thaçi, three years each for Bashkim Smakaj, Isni Kilaj and Fadil Fazliu, and nine months in prison for Hajredin Kuçi.
Prosecutor Joshua Hafetz said that, according to the SPO, the actions of the accused had been proven beyond a reasonable doubt and constituted interference in the judicial process.
According to the indictment and the prosecution’s arguments, while being held in pretrial detention in The Hague, Thaçi communicated with other individuals and discussed witness testimony in his main trial, which concerns charges of war crimes and crimes against humanity.
The SPO claims that nine visits to the detention center, conducted over a four-month period, produced around 28 hours of recordings. According to the prosecution, the recordings contain conversations related to witnesses and the judicial process.
Chief Prosecutor Kimberly West has said that, according to the SPO’s allegations, Thaçi had formed groups with people who knew specific witnesses, with the aim of influencing their testimony.
The prosecution claims that during these contacts, the testimonies of Rrustem Mustafa, Bislim Zyrapi, Sylejman Selimi and a protected witness were discussed, among other matters.
Thaçi, Smakaj, Fazliu, Kilaj and Kuçi have pleaded not guilty to the charges against them.
According to the indictment, Hashim Thaçi is charged with obstructing public officials in the performance of their official duties, violating the confidentiality of proceedings and contempt of court.
Isni Kilaj, Bashkim Smakaj and Fadil Fazliu are charged with attempting to obstruct public officials in the performance of their official duties and with contempt of court. Hajredin Kuçi faces two charges of contempt of court.
