Hashim Thaçi remains in detention over case involving obstruction of justice

Single Judge Christopher Gosnell has ordered the continued detention of Kosovo’s former president, Hashim Thaçi, in the criminal case concerning offenses against the administration of justice. The decision by the Kosovo Specialist Chambers in The Hague was issued on September 30, 2026, reported “Betimi për Drejtësi.”

According to the court’s reasoning, the risks that Thaçi could obstruct the proceedings or commit further criminal offenses remain present. The judge considered detention necessary and proportionate.

In his assessment, the judge also took into account the fact that Thaçi has been found guilty and sentenced in the war crimes case. However, the Specialist Chambers clarified that this development does not eliminate the need for periodic reviews of the detention measure in the current case, which is assessed primarily on the basis of circumstances related to this case.

In the war crimes case, the verdict was delivered on September 16, 2026. Hashim Thaçi was sentenced to 25 years in prison, while Jakup Krasniqi received the same sentence. Kadri Veseli was sentenced to 18 years in prison, while Rexhep Selimi was sentenced to 13 years.

The trial proceedings for the offenses against the administration of justice concluded with the parties’ closing statements on September 14, 2026.

The initial hearing in this case was held on February 27, 2026. At that hearing, Hashim Thaçi, Bashkim Smakaj, Fadil Fazliu, Isni Kilaj and Hajredin Kuçi pleaded not guilty to the charges brought against them.

Also on February 27, 2026, the first witness began testifying. The witness’s identity was protected. His testimony concluded on March 2, 2026. On March 3 and 4, Koen Herlaar, a forensic expert at the Netherlands Forensic Institute, testified.

On March 4, 2026, digital forensic investigator Chrisopher Kelly also began testifying, concluding his testimony on March 5. As a defense witness for Thaçi, forensic transcription expert Helen Fraser testified on May 11 and 12, 2026.

Hashim Thaçi has been held at the Detention Facilities in The Hague since November 2020. He is on trial for war crimes, while an indictment for offenses against the administration of justice was also filed against him in 2024.

In this case, Bashkim Smakaj, Fadil Fazliu and Isni Kilaj were arrested in Kosovo on December 5, 2024. The following day, on December 6, 2024, they were transferred to the Kosovo Specialist Chambers’ detention facility on the basis of the confirmed indictment and arrest warrants issued by The Hague.

The arrest warrant for Thaçi was served on him at the detention facility in The Hague on December 5, 2024, according to a notification from the Kosovo Specialist Chambers.

Hajredin Kuçi was served with the confirmed indictment and summons to appear for his initial appearance before the pretrial judge. This hearing was held on December 9.

The indictment alleges that Thaçi, individually and in cooperation with various groups, pursued a pattern of conduct aimed at obstructing officials in the performance of their duties. These groups include the Fazliu Group, consisting of Fadil Fazliu and Fahri Fazliu; the Smakaj Group, comprising Bashkim Smakaj, Blerim Shala and Artan Behrami; and the Kilaj Group, consisting of Isni Kilaj and Vllaznim Kryeziu.

According to the indictment, Thaçi directed and supported these efforts through visits to detention facilities while he himself was being detained in the proceedings concerning war crimes and crimes against humanity.

The prosecution also alleges that members of the Fazliu, Smakaj and Kilaj Groups coordinated to influence SPO witnesses during non-privileged visits held on July 2, September 9 and October 6, 2023.

Hashim Thaçi faces three charges of obstructing an official person in the performance of official duties, three charges of violating the secrecy of proceedings and four charges of contempt of court.

Isni Kilaj, Bashkim Smakaj and Fadil Fazliu are charged with attempting to obstruct official persons in the performance of official duties and with contempt of court. Hajredin Kuçi faces two charges of contempt of court.