The Special Court in The Hague has announced that Bashkim Smakaj and Fadil Fazliu have been conditionally released from pre-trial detention.
The decision follows a recent review, which determined that continuing their detention was no longer reasonable or proportionate. Both individuals remain formally charged, and the release comes with conditions designed to mitigate any risk of obstructing the judicial process, including a financial guarantee.
According to the Special Court’s statement:
“On 10 February 2026, Bashkim Smakaj and Fadil Fazliu were conditionally released in Kosovo following the most recent review of their detention by the Judge assigned to the case concerning k. Hashim Thaçi, Bashkim Smakaj, Isni Kilaj, Fadil Fazliu, and Hajredin Kuçi (‘Case 12’). In decisions dated 3 February 2026, the Judge concluded that circumstances had changed since the December 2025 detention review, and that continued pre-trial detention was no longer reasonable or proportionate. While some risk remained that, if released, Mr. Smakaj and Mr. Fazliu could attempt to interfere with proceedings, the Judge determined that their fundamental right to liberty outweighed these risks.”
The Court also considered that the time both had already spent in detention exceeded the minimum sentence they would have faced if convicted. Furthermore, the evidence presentation phase in the broader case concerning k. Hashim Thaçi, Kadri Veseli, Rexhep Selimi, and Jakup Krasniqi has concluded, reducing the likelihood that either defendant could interfere undetected. The Court additionally noted that there is no risk of flight, particularly given the financial guarantee provided.
Conditions of release include restrictions on contacting witnesses and making public statements, in line with the Court’s efforts to ensure the integrity of the ongoing proceedings.
