Hague Special Court Hits Former Kosovar President With Witness Tampering Charges

Former Kosovar President Hashim Thaci (file photo)

Prosecutors with a special international court in The Hague confirmed on December 6 that a new indictment has been filed against former Kosovar President Hashim Thaci and four other people for allegedly attempting to influence witness testimony in a war crimes trials.

Thaci has been charged with three counts of obstruction, four counts of violating the secrecy of proceedings, and four counts of contempt of court, a statement released by prosecutors said. He was in the detention facilities of the Kosovo Specialist Chambers when served with an arrest warrant on the charges, the statement said.

A separate statement issued by the Kosovo Specialists Chambers in The Hague said "the indictment charges the accused with offences related to alleged unlawful efforts to influence witness testimonies in the Thaci et al war crimes trial."

The four others charged are former Justice Minister Hajredin Kuci, former Kosovar Intelligence Agency chief Bashkim Smakaj, former Malisheva Mayor Isni Kilaj, and Fadil Fazliu.

Smakaj, Fazliu, and Kilaj were arrested on December 5 in Kosovo and transported to the Specialist Chambers’ detention facility in The Hague, the court said. They have been charged with attempted obstruction of official persons in carrying out official duties and of disobeying the court and are expected to make their first court appearance on the charges in the next few days, the statement said.

Thaci is being tried by the court in a separate case against former Kosovo Liberation Army (KLA) leaders for war crimes and crimes against humanity. He is accused of coordinating "three separate groups" along with Smakaj, Kilajn, Kuci, and Fazliu to influence the testimony of prosecution witnesses in the case against him and others for war crimes.

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The indictment says that Thaci gave Smakaj, Kilaj, Fazliu, and Kuci confidential information about witnesses, instructions to influence their testimony, and details on how they should do so during nonprivileged visits to the detention facility that took place between April 12, 2023, and November 2, 2023.

The new indictment comes a day after the Specialist Prosecutor's Office announced that it was conducting ongoing operations in Kosovo in connection with its investigations.

The Specialist Chamber was established in 2015 by the Kosovo Assembly to prosecute mainly former KLA fighters for war crimes and is part of Kosovo's judicial system, but it operates with international staff and is based in The Hague. Fear of witness intimidation was one of the reasons why the court is located there.

Thaci, a former KLA commander, became president of Kosovo after it declared independence from Serbia in 2008 but resigned in late 2020 to face war crimes and crimes against humanity charges. He has pleaded not guilty.

Thaci is widely seen as a guerilla hero in Kosovo, but prosecutors said he openly oversaw a brutal reign of violence as the ethnic Albanian KLA tried to tighten its grip on power during and after the war.

The Kosovo war, which claimed some 13,000 lives, ended after a NATO bombing campaign forced Serb forces to withdraw.