Hashim Thaçi to appeal to Constitutional Chamber after Hague Court rejects defense motions

Hashim Thaçi to appeal to Constitutional Chamber after Hague Court rejects defense motions

Former Kosovo President Hashim Thaçi will escalate his legal battle by appealing to the Constitutional Chamber of the Specialist Chambers in The Hague, following the rejection of key defense motions by the Court of Appeals.

Why is this important: The appeal marks a significant moment in Thaçi’s high-profile war crimes case, now entering its fifth year. The defense claims that Thaçi’s rights have been violated by procedural decisions that may undermine legal consistency and the presumption of innocence.

Context: The Court of Appeals on October 28 dismissed two motions filed by Thaçi’s defense team. These motions challenged the confirmation of the indictment and requested that Thaçi’s case be severed from the joint trial, arguing that parallel proceedings risk contradictory factual findings.

Thaçi’s attorney, Sophie Menegon, stated that the defense would now seek a constitutional review, asserting that the appellate decision failed to address alleged breaches of Thaçi’s fundamental rights.

What the defense says: Thaçi’s legal team has long maintained that the ongoing trial structure could result in legal uncertainty and prejudice. They argue that:

  • Separate trials are needed to preserve factual clarity.
  • Current procedures blur lines between co-defendants.
  • Delaying Thaçi’s trial would protect judicial integrity.

Thaçi has been held at the Hague Detention Center since November 2020 and faces charges of war crimes and crimes against humanity. In 2023, a separate indictment related to obstruction of justice was also filed.

Court proceedings paused: No hearings will take place this week. The trial will resume with further defense witnesses on November 10, continuing what is expected to be a lengthy legal process.


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