A day after the first instance decision in The Hague, which sentenced the four former KLA leaders to a total of 81 years in prison, Hashim Thaçi’s main lawyer reacted through a post on the social network X.
In his response, the lawyer says that Thaçi expresses gratitude for the support that he, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi have received from the people of Kosovo and the international community. He also calls on the citizens of Kosovo to remain peaceful in response to the decision.
Thaçi’s defense has announced that it will appeal the first-instance verdict to the Appellate Panel of the Kosovo Specialist Chambers, claiming that the decision contained “significant errors in law and facts,” which, according to it, undermined the fairness of the trial.
According to the defense, concerns about procedural fairness were raised throughout the trial, particularly over the extent of questions asked directly by members of the Trial Panel. The lawyers claim that the manner of judicial interventions “did not create the impression of impartiality” and that they exceeded the bounds of a neutral search for the truth.
The defense also claims that the Trial Panel’s findings of guilt beyond reasonable doubt were based on insufficient and uncorroborated evidence.
Full reaction
Hashim Thaçi wishes to express his sincere gratitude for the great support that he, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi have received from the people of Kosovo and the international community, and calls on the citizens of Kosovo to remain peaceful in response to yesterday’s injustice.
Mr. Thaçi’s lawyers will appeal yesterday’s First Instance Judgment to the Appellate Panel of the Kosovo Specialist Chambers (KSCC), claiming that there were significant errors in law and facts, which undermined the fairness of the trial.
Throughout the trial, the Defence has repeatedly raised concerns about procedural fairness, including the broad scope of questions asked directly by members of the Trial Panel, in a manner that did not create the impression of impartiality. The Defence maintains that the judicial interventions exceeded the bounds of a neutral search for the truth, undermining the impression of impartiality required by international standards of justice. This lack of impartiality now permeates the Trial Panel’s Judgment.
The defense argues that the Trial Panel’s findings of guilt beyond reasonable doubt are based on insufficient and unconfirmed evidence. Moreover, yesterday the Trial Panel publicly declared that Mr. Thaçi was involved in the murder of Behajdin Allaqi, after having previously ordered all parties to the case not to publicly discuss Mr. Allaqi’s case in court hearings and after having ordered that all evidence related to the case be kept confidential.
Thus, the Trial Panel has publicly found Mr. Thaçi guilty of murder, while the evidence on which this conclusion was based has been kept hidden from public scrutiny. Mr. Thaçi would welcome such a public scrutiny of the evidence.
The defense will appeal the Trial Panel’s decisions for violations of his fundamental rights to a fair trial, guaranteed by the European Convention on Human Rights and the Constitution of Kosovo. Mr. Thaçi expressly denies any involvement in the murder.
Adherence to rigorous standards of procedural fairness is essential to maintaining public confidence in international criminal justice institutions. The Defence will formally file a Notice of Appeal to correct these factual, legal and procedural errors with the Appeals Panel.