Thaçi faces possibility of another prison sentence as legal experts comment on upcoming Hague verdict

On November 17, the Kosovo Specialist Chambers in The Hague are expected to deliver a verdict in the case against former president Hashim Thaçi and four others accused of offenses against the administration of justice.

These proceedings are separate from the main trial of the former leaders of the Kosovo Liberation Army (KLA). In that case, on September 16, Thaçi, Kadri Veseli, Jakup Krasniqi and Rexhep Selimi were sentenced to a combined 81 years in prison on several war crimes charges. The verdict is a first-instance ruling, and the defense teams have said they will appeal.

The case concerning obstruction of justice centers on prosecution allegations that attempts were made in 2023, while Thaçi was in detention in The Hague, to influence witness testimony.

The Specialist Chambers have announced that the verdict will be delivered at 10:00 a.m. by the case’s sole judge, Charles L. Gosnell.

Alongside Thaçi, the accused are Bashkim Smakaj, former head of the Kosovo Intelligence Agency (AKI); Isni Kilaj, former mayor of Malisheva; Fadil Fazliu; and Hajredin Kuçi, former justice minister. All five defendants have pleaded not guilty.

In closing statements delivered in September, the Specialist Prosecutor’s Office sought a six-year prison sentence for Thaçi. It sought three years each for Smakaj, Kilaj and Fazliu, and nine months for Kuçi. Thaçi’s defense, for its part, called for his acquittal, saying there was insufficient evidence to support the sentence sought.

Legal experts speaking to “Bota sot” commented on the expected verdict. They said the truth must come to light and justice must be served, while the prosecution will seek the sentences it considers appropriate.

“No one should be above justice”

Lawyer Gazmend Halilaj says he supports the Specialist Chambers. He says Kosovo’s painful history makes it important to examine every allegation seriously and that no one should be above the law, regardless of their position or contribution.

“For justice, for the truth and for a state where no one is above the law! I support the Specialist Chambers because I believe justice must be served and the truth must come to light, regardless of who is involved. For me, this is not a matter of resentment, revenge or political conviction, but a matter of principle, responsibility and respect for justice. Kosovo has been through a painful history, and our people know better than anyone how important the truth is. Therefore, every allegation must be examined seriously, every piece of evidence must be assessed impartially, and every decision must be grounded in law. No one should be above justice, regardless of the position they have held or the contribution they may have made,” Halilaj tells “Bota sot.”

Halilaj emphasizes that supporting the Specialist Chambers does not mean prejudging anyone; it means calling for justice to do its work. In his view, one cannot demand that justice be applied to one person while opposing it for another.

“As a supporter of the Vetëvendosje Movement, I believe in the rule of law, equality before the law and institutional accountability. Supporting the Specialist Chambers does not mean prejudging anyone, but calling for justice to do its work and for guilt or innocence to be determined solely on the basis of evidence and legal standards. We cannot demand justice for one person and oppose it for another. We cannot demand that the law apply to ordinary citizens while making exceptions for people in power,” the lawyer emphasizes.

He adds that court proceedings, even when politically sensitive, must be handled according to the principles of the rule of law. For Halilaj, justice must rest on law and evidence, not emotions, political pressure or party interests.

“If we want a Kosovo with strong institutions and trust in justice, then we must be ready to respect the principles of the rule of law even when court proceedings are politically sensitive. My support for the Specialist Chambers is support for the principle that the truth must come out, that victims deserve justice and that every accused person has the right to a fair trial. Justice must not be driven by emotions, political pressure or party interests, but by evidence, law and impartiality. Justice is not against anyone who is innocent. Justice serves truth and accountability. Kosovo needs equal justice for all, regardless of name, position or party. The law above everyone, privileges for no one!” Halilaj concludes in his remarks to “Bota sot.”

Conviction or acquittal?

Legal expert Blerim Burjani says the decision will depend on how the court assesses the evidence and arguments from both sides. According to him, the prosecution will present its requests, but the decision rests with the judges.

Burjani says it would be desirable for the defendants to be found not guilty. However, citing what he describes as a pattern of convictions by this court, he does not rule out Thaçi receiving another prison sentence in these proceedings.

“The prosecution will do its job, as it has done so far, and seek the sentences it considers appropriate. But the facts and arguments will be assessed by the judicial panel. It would be good if the verdict were one of acquittal, but, given this court’s pattern of convictions, Thaçi could be sentenced to around three years in prison for interfering with or obstructing justice, while the other defendants could receive lighter sentences. So the possibility that Thaçi will not avoid a sentence in this case, too, cannot be ruled out,” Burjani told “Bota sot.”

Burjani notes that the defendants can use the Specialist Chambers’ internal legal mechanisms to protect their rights and challenge any rulings.

According to him, those rights must be protected through the court’s legal procedures, while the judges in the case will ultimately assess criminal responsibility.