Three people including a former justice minister were reportedly arrested as the Hague-based Kosovo Specialist Prosecutor's Office investigates alleged obstruction of justice related to war crime trials of former guerrillas.
Fadil Fazliu, Isni Kilaj and Bashkim Smakaj were arrested on Thursday in Kosovo, media reported, as the Hague-based Specialist Prosecutor’s Office, SPO, investigated alleged “offences against the administration of justice”. The arrests have not been confirmed by the SPO.
The SPO, supported by the EU’s rule-of-law mission in Kosovo, also raided the house of former Justice Minister Hajredin Kuci. Some media have also reported Kuci’s arrest but BIRN could not confirm this.
Kuci is also a former deputy prime minister. Kilaj is a former mayor of Malisheve/Malisevo and Smakaj is the former head of the Kosovo Intelligence Agency, AKI.
“The …SPO is conducting ongoing operations in Kosovo in an investigation focusing on offences against the administration of justice,” the SPO announced.
“The SPO operations have been judicially authorised by the Kosovo Specialist Chambers (KSC) and supported by the European Union Rule of Law Mission in Kosovo (EULEX),” it added. It declined to provide BIRN with more information on those arrested or the specific allegations against them.
Fazliu’s lawyer, Skender Musa, told BIRN: “We only know that he’s been arrested, nothing else. He was arrested in front of his home, going to work.” Fazliu’s son told BIRN that his father was arrested at 8am and the family has no further information.
In November 2023, the KSC in The Hague ordered several raids in Kosovo on the homes of allies and advisers to former President Hashim Thaci, who is on trial in The Hague for war crimes and crimes against humanity.
The raids formed part of investigations into possible obstruction of justice, including by some of those arrested on Thursday.
During the 2023 raids, Kilaj was arrested for the first time. In November 2023, the pre-trial judge stated: “There is a grounded suspicion that Mr Kilaj has committed offences against the administration of justice falling under the jurisdiction of the SC [Specialist Chambers], including obstructing official persons in performing official duties… and violating secrecy of proceedings.”
Judge Nicolas Guillou added that there were also grounds to suspect risk of flight, or that Kilaj would “hide, change or forge evidence of a crime”, or “obstruct the progress of the criminal proceedings by influencing witnesses, victims or accomplices”.
In May 2024, the Specialist Chambers said Kilaj had been released under strict conditions, after the SPO requested suspension of the indictment, to file an amended one. It said proceedings were being delayed extensively and Kilaj remained a suspect who could not leave Kosovo unless permitted by the court, which kept his travel documents.
He had to make his address known to the court, attending hearings if called and not make any public statements about the court, the SPO or other proceedings. Bail was set at 30,000 euros.
Kilaj’s son told Kosovo broadcaster T7 on Thursday: “We were told they [the prosecution] will provide further information after they [those arrested] arrive in the Hague. First he was kept in the EULEX offices in Kosovo and then they declared they would leave for the Hague.”
The Specialist Chambers are trying wartime KLA fighters on war crimes charges. They are part of Kosovo’s judicial system but are located in The Hague and staffed by internationals.
The chambers were established under pressure from the country’s Western allies, who believed Kosovo’s justice system was not robust enough to try KLA-related cases and protect witnesses from intimidation. Many Kosovo Albanians believe the court is ethnically biased and denigrates the KLA’s just war against Serbian repression.
05 December 2024 - 18:43
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