Kosovo’s spending on defense in The Hague reaches over 40 million euros

More than 40.6 million euros have been disbursed from Kosovo’s state coffers for the legal and financial support of individuals facing charges at the Specialist Chambers in The Hague. According to information obtained by Radio Free Europe from the Ministry of Justice, the overwhelming majority of this fund, around 39.8 million euros, went specifically to legal representation.

For former leaders Hashim Thaçi, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi alone, payments made from 2021 until September 14, 2026, reach over 28.4 million euros. This reporting comes to light on the eve of September 16, when these four former leaders of the Kosovo Liberation Army will learn the final verdict after more than three years of judicial proceedings. The four, who have been in the detention center in The Hague since November 2020, face charges of war crimes and crimes against humanity. They have pleaded not guilty to all counts of the indictment.

More than 28 million euros for the four defendants

Ministry of Justice data show that from the start of payments until mid-September 2026, the state budget has covered over 40.6 million euros as part of the support scheme for persons accused in The Hague. Of this amount, almost 39.8 million euros was used for legal services. For the four former senior leaders, the calculated total for the 2021-2026 period reaches nearly 28.47 million euros.

How were budget funds distributed?

Through a legal act, Kosovo has assumed the obligation to finance the defense of persons accused or who may be accused by the Specialist Chambers, including lawyers’ costs and other forms of assistance provided by law. The Ministry of Justice says that for 2020 and 2021, the combined amount allocated for implementing this law was 14.14 million euros.

In 2022, the dedicated budget was 6.85 million euros, followed by 7 million in 2023 and again 6.85 million in 2024. For the next two years, 2025 and 2026, 8.05 million euros are planned for each year. Adding these figures, the planned total for the 2020-2026 period amounts to around 50.95 million euros.

Although Radio Free Europe has requested detailed information since 2015, the ministry has not provided data for the years before 2020. However, an analysis of Kosovo’s annual budgets by RFE shows that funds allocated for this purpose for the 2018-2026 period reach over 60 million euros. The Ministry of Justice assures that there are currently no delayed payments to defense lawyers or other beneficiaries of this program.

Audit is carried out, but report remains confidential

Payments for defense are subject to oversight by the National Audit Office, but the findings of this process are not made public. In financial audit reports for the Ministry of Justice, the NAO has explained that transactions related to subsidies and transfers for legal aid are classified as “restricted.” For this reason, these data are not included in the general public report. The NAO stresses that these budget items are audited separately and a special report is prepared for them, distributed only to responsible authorities.

Calls for more transparency

Although the new information from the Ministry of Justice provides a clearer breakdown of costs for the four accused, monitoring organizations say the lack of transparency has been a persistent concern over the years.

Ehat Miftaraj, executive director of the Kosovo Law Institute, says the institute has expressed reservations since 2020 about the lack of information on how state funds for the Hague process are spent.

“We have often witnessed a politicized approach by the ruling party, which has published total amounts for all defendants, at times creating the narrative that the state is spending millions of euros on them,” he told Radio Free Europe. According to Miftaraj, citizens have the right to know not only the overall figure, but also individual expenditures for each accused and the types of services covered, without affecting the confidentiality of defense strategies.

Along the same lines, Anton Nrecaj, director at the Center for Legal Aid and Regional Development, emphasizes the need for a clear distinction between allocated funds and those actually spent.

“Some individual figures have been made public, but the picture is not complete. The public should have data on the amount, time period, category of expenditure, and legal justification for the payment, without undermining the confidentiality of the defense,” Nrecaj says. He adds that transparency should allow verification of whether payments were made in accordance with the law, set fees, and the level of complexity of cases.

What does the state cover?

The legal basis for this funding was laid in 2015, when the Kosovo Assembly, alongside the Law on Specialist Chambers, also adopted the Law on Legal Protection and Financial Support for Potentially Accused Persons. This law provides those in this category with funds for lawyer expenses and other forms of assistance set out in sub-legal acts.

The Ministry of Justice explains that defense costs are covered according to Administrative Instruction MD 08/2022, amended and supplemented in 2024. Family member visits are regulated by another administrative instruction from 2020, modified in 2022. Under current rules, a defendant is entitled to state-funded visits from at most 12 close relatives during a year, and no more than three people per visit.

The Specialist Chambers, established in 2015 based on Kosovo legislation, are headquartered in The Hague and consist entirely of international prosecutors and judges. They investigate allegations of crimes committed during and after the 1998-1999 conflict, related to former members of the Kosovo Liberation Army.

The right to compensation in case of acquittal

The law and an administrative instruction of the Ministry of Justice provide for the right to compensation for persons accused in The Hague who are released by a final decision. The instruction stipulates that the right to be compensated for time spent in detention belongs to individuals against whom an indictment has been brought and a judicial process has taken place, if they are acquitted by a final decision.

In addition to the period of deprivation of liberty, the normative act also addresses compensation for property damages, including lost profits, as well as non-material or moral damages. However, it does not set a specific daily rate for detention in this context. Miftaraj explains that under current practices, the amount of compensation varies.

“The administrative reference of the Kosovo Judicial Council for one day of unlawful imprisonment is up to 25 euros. But judicial practice, in cases that have reached court, has awarded amounts from 30 to 60 euros per day, depending on specific circumstances,” he explains. With the announcement of the verdict on September 16, the case against the four former KLA leaders may move to another stage. Both parties will have the right to appeal, while the law provides for continued financial support even during further judicial stages./REL