The defense team of Hashim Thaçi has responded to criticism from the judges regarding delays in the proceedings.
In a submitted statement, Thaçi’s lawyer reminded the judges that the Prosecution also faced numerous issues with witnesses.
“The defense notes that this is not a unique problem; the Specialist Prosecutor’s Office (SPO) faced similar obstacles throughout its case and was unable to complete all scheduled trial days, particularly toward the end of its proceedings due to witness availability issues. Nevertheless, the defense is aware of its obligations under paragraph 81 of the Rules of Procedure and is taking all possible steps to meet them. Any unused or partially used trial days during the defense’s case have been due to circumstances beyond the defense’s control. For example, some unused courtroom time resulted from the early conclusion of testimony due to inaccurate time estimates,” the submission reads.
As a result of these witness-related issues, hearings scheduled for the following week were also canceled.
“On 23 and 24 October 2025, in accordance with the Trial Panel’s order, the defense recontacted each remaining proposed witness to confirm their availability. Based on these communications, if [REDACTED] does not testify as planned in the week of 3 November 2025, the defense confirms that no other witnesses will be available to testify that week. This is due to the following:
- 1DW-007 was approved to testify by the U.S. Government only on 17 October 2025. He then signed his statement on 20 October 2025, which was disclosed to all parties and participants on 21 October 2025, and all official notifications of relevant requests were submitted on 22 October 2025. In accordance with prior guidance from the Panel, all parties and participants must be notified three weeks in advance of a witness statement and all related requests. As such, 1DW-007 cannot commence testimony before 12 November 2025. He has also indicated professional obligations that make him unavailable before 17 November 2025, including travel during the week of 3 November 2025. He confirmed his willingness to travel to The Hague on 17 November 2025 and to begin testimony on the afternoon of 18 November.
- 1DW-008 has professional obligations in the U.S., preventing him from traveling before 9 November 2025, and can therefore begin testimony only in the week of 10 November 2025.
- 1DW-009 was initially scheduled to testify in the week of 3 November 2025. However, due to uncertainty and lack of information regarding [REDACTED], as well as requests from 1DW-009 and WPSO to finalize proposed testimony dates, the defense scheduled his testimony for the week of 10 November 2025, after the conclusion of 1DW-008’s testimony.”
Finally, Thaçi’s lawyer emphasized that the Prosecution had five years to prepare its case.
“The defense acknowledges—and shares—the Trial Panel’s concerns that delays ‘affect the timely and effective conclusion of the case, and similarly, the rights of those involved to a trial without unnecessary delays.’ However, delays in the defense’s case must be considered within the broader context of these proceedings. Mr. Thaçi and the other accused have been in pre-trial detention for five years: the pre-trial period lasted nearly 2.5 years, and the Trial Panel allowed the SPO just over two years to present its case, including the final trial on motions filed in writing at the conclusion of the SPO’s case,” the statement concluded.
