The defense of former President of Kosovo, Hashim Thaçi, has filed a complaint with the Constitutional Court in The Hague, alleging serious violations of his fundamental human rights.
In the submission, Thaçi’s lawyers argue that his basic constitutional rights were breached in the second case related to obstruction of justice. As a result, the President of the Specialist Chambers has appointed a Constitutional Court panel to review the complaint.
Allegations of Multiple Violations
According to the defense, Hashim Thaçi is the victim of numerous violations in the obstruction of justice case.
“Mr. Thaçi is an individual endowed with rights under the Constitution. He is the victim of the violations set out in this submission, including the unlawful appointment of both the Single Judge and the Pre-Trial Judges,” the filing states.
The defense claims that both the Single Judge and the Pre-Trial Judges issued decisions in Thaçi’s case despite not being appointed in accordance with the law. These decisions allegedly authorized:
- The secret recording of Thaçi’s visits and telephone calls while in detention
- The seizure and search of his personal computer
- Repeated detention and the continued extension of his pre-trial detention
- Restrictions on personal visitors during detention
- The confirmation of the indictment in Case 12
Irreparable Impact on the Proceedings
The lawyers emphasize that the alleged violations taint the entire judicial process and cannot be remedied at a later stage.
“The specific violations of Article 31 raised by this request are not matters that can be corrected at a later phase of the case. There is no action the Trial Single Judge can take to remedy the irregularity that has contaminated these proceedings,” the submission argues.
The defense further claims that the case is largely built on evidence obtained unlawfully, as it was authorized by judges not properly appointed under the law of the Kosovo Specialist Chambers.
“Most importantly, the indictment was not issued in accordance with the law, and this invalidity cannot be remedied except through a new confirmation decision by a properly appointed Pre-Trial Judge,” the filing states.
Violation of Privacy Rights
Thaçi’s lawyers also stress that his right to privacy was violated, citing secret recordings of private conversations and the confiscation of personal devices.
“Both Judge Masselot and Judge Guillou issued orders enabling the covert recording of Mr. Thaçi’s private conversations and access to those recordings by the Specialist Prosecutor’s Office and others,” the defense claims.
They add that the judges also authorized the seizure, search, and extraction of data from Thaçi’s computer, including his private correspondence and personal writings.
Defense Requests
The defense has requested that the Constitutional Court:
- Establish that Thaçi’s human rights were violated
- Confirm that the secret recordings and seizure of devices infringed his right to privacy
- Recognize that the indictment is fundamentally compromised due to these violations
