Jakaj: The Continued Detention of Thaçi and the Others Remains the Main Concern

Kosovo Ombudsperson Naim Jakaj says that at this stage of the judicial process in The Hague, the most troubling issue remains the continued detention of the former leaders of the Kosovo Liberation Army.

After the Specialist Chambers announced that the judgment for Hashim Thaçi, Kadri Veseli, Jakup Krasniqi and Rexhep Selimi will be delivered on September 16 at 10:00, Jakaj said that the postponement of the decision itself is not problematic, but that the reason given by the court and the extension of detention raise serious concerns.

In a statement to KosovaPress, Jakaj said the delay in delivering the judgment had been expected, given the way the process has unfolded. According to him, however, the court’s arguments related to the large volume of evidence and documents remain concerning, as does the fact that the defendants continue to be held in detention at this stage of the proceedings.

Jakaj: The reasons given by the court, namely that there is a lot of evidence, remain a concern

“Given the circumstances in which the judicial process itself has unfolded, for me the postponement of the decision was expected. Now it appears to be final because the date and time have been set. The postponement of the announcement of the decision does not present any problem, but the reasons given by the court, namely that there is a lot of evidence and many documents that must be reviewed before a decision is made, remain a concern. I think the process of reviewing the evidence and analyzing it was completed during the evidentiary proceedings. And the second aspect of concern is related to the continuation of detention at this stage, because by now there is no reason, and most of the reasons for which detention was ordered no longer exist. The possibility of interference with witnesses does not exist because the witnesses have already completed the process of giving testimony. Influence over evidence is not possible because the evidence is already before the court. And, taking into account the length of the detention, naturally this is one of the main concerns that I have as Ombudsperson,” Jakaj says.

Jakaj said his concerns about the way the Specialist Chambers operate date back to 2021, after his first visit to the institution. He said he presented the same concerns to the President of the Specialist Chambers, Ekaterina Trendafilova, during a meeting in Kosovo, as well as through letters, but received no reply.

Jakaj: Our concerns about the functioning of this court date back to 2021

“Our concerns about the functioning of this court date back to 2021, when I first made a visit to the Court. I had a meeting in May with the President of the Court, Trendafilova, who was on a visit to Kosovo, and in the meeting I had with her, I presented the concerns that until then I had identified as public concerns. I did not receive a response. This pushed me to make a second visit to The Hague, to meet the court’s representatives, the victims’ counsel, the defense counsel for the accused, and the accused themselves. And from that visit, what I had only as concerns then went beyond concern. As a result, I sent a letter to the President of the Court, in which I explained to her what we had discussed at the meeting, as well as other concerns, for which I received no response,” Jakaj says.

Because he received no response from the court, he said he was forced to engage an independent international human rights organization based in London, which prepared a report on the concerns raised.

Jakaj: I was forced to engage an independent international human rights organization

“In the absence of a response, I was forced to engage an independent international human rights organization based in London, the Bar Human Rights Committee of England and Wales, a very prestigious international organization known for its professionalism and its work. They drafted a report based on my request, which legitimized the concerns I had raised, but beyond that also presented other concerns, of which both the court and the member states that support and finance this court have been informed… The report shows that they contacted the Court; it is not that they received information,” he says.

He also said that last month a meeting was held in The Hague with the diplomatic missions of the states accredited in the Netherlands, where the findings of the report were presented. According to Jakaj, the court was also invited to this meeting, but it did not attend and did not respond.

Regarding the report, the Ombudsperson stressed that Kosovo should build monitoring mechanisms in The Hague so that a deeper analysis of the entire process can be carried out and violations of human rights can be avoided.

Jakaj: The countries that took part in this meeting were informed about the findings of the report

“Last month we held a meeting in The Hague, where we invited the diplomatic missions of the countries accredited in the Netherlands to inform them about the report. We invited the Court as well, but the Court did not participate and did not respond to us; in fact, it ignored us, in a way showing us a dismissive tendency toward our requests. But what is important is that the countries that took part in this meeting were informed about the findings of the report, they were informed about these concerns. The report drafted by the English authors highlights two very important recommendations for the authorities of the Republic of Kosovo. One of them, which is the most important, is the fact that Kosovo must take responsibility for creating mechanisms to monitor this court with the aim of having a more detailed analysis of the entire process so as not to allow human rights to be violated in any case,” he stresses.

The Trial Panel had until May 19 to deliver the decision. It then postponed that deadline until July 20, 2026, citing the complexity of the case, and has now set September 16 as the date for the delivery of the judgment.

Hashim Thaçi, Kadri Veseli, Jakup Krasniqi and Rexhep Selimi face charges of murder, torture and persecution, allegedly committed during 1998-1999, at the time of the last war in Kosovo.

All four defendants have rejected the charges and pleaded not guilty. The indictment includes around 155 victims.

The prosecution has requested that each of them be found guilty and sentenced to 45 years in prison for the alleged crimes.

More than 130 witnesses testified in this trial, while 160 statements from other witnesses were admitted in writing. The trial against them concluded in February, while Thaçi, Veseli, Krasniqi and Selimi have been held in detention in The Hague since their arrest in 2020.