Former mayor of Malishevë, Isni Kilaj, has been released by the Kosovo Specialist Chambers in The Hague, after the judge ruled that his detention on charges of obstruction of justice was “neither reasonable nor proportionate.”
Lawyer Taulant Hodaj, speaking on the program FIVE, explained that Kilaj’s conditional release is not related to an admission or non-admission of guilt.
He further clarified that the decision took into account the time already spent in detention and the severity of the alleged offense.
“When determining pre-trial detention, the seriousness of the offense, the nature and severity of the potential sentence are considered. It is standard practice that if a person has already spent a considerable time in detention, this time is accounted for according to applicable law, and usually, the person is either released or other security measures are considered. Pre-trial detention is the heaviest measure, and the court rightly weighed the arguments in favor of conditional release over continued detention,” Hodaj stated.
The conditions Kilaj must comply with include avoiding contact with witnesses, not manipulating evidence, not influencing witnesses, and responding to court summons. Hodaj noted that there may also be other conditions that cannot be made public.
Hodaj also emphasized that Kilaj’s release does not set a precedent for others facing war crimes charges.
“Criminal acts related to obstruction of justice and war crimes cannot be equated. The seriousness of the offense and the potential sentence differ. If in this case the offense were a minor one, the same principle could apply, but for war crimes, the sentences are significantly higher, and thus this has not been applied until now,” Hodaj said.
Kilaj is charged alongside former President Hashim Thaçi, former Minister of Justice Hajredin Kuçi, former head of the Kosovo Intelligence Agency Bashkim Smakaj, and Fadil Fazliu for obstructing justice in the war crimes trial against Thaçi, Kadri Veseli, Jakup Krasniqi, and Rexhep Selimi.
