Bashkim Smakaj and Fadil Fazliu granted provisional release from The Hague

The decision was made following the most recent review of detention by the Single Trial Judge in the case of The Specialist Prosecutor v Hashim Thaci, Bashkim Smakaj, Isni Kilaj, Fadil Fazliu and Hajredin Kuci, the Kosovo Specialist Chambers said in a press release.

“In his decisions of 3 February 2026, the Judge found that circumstances had changed since Mr. Smakaj’s and Mr. Fazliu’s detention was last reviewed in December 2025 and that their detention was no longer reasonable or proportionate. While the Judge found that there remained a moderate risk that both, Mr. Smakaj and Mr. Fazliu would, if released, obstruct the progress of proceedings, he concluded that these risks are outweighed by their fundamental right to liberty,” the press release said.

The Judge considered, among other factors, that the time Mr. Smakaj and Mr. Fazliu have already spent in detention now exceeds the statutory minimum sentence each of them would face if convicted, the press release said.

The Judge also took into consideration the closure of evidentiary phase in the case of The Specialist Prosecutor v Hashim Thaci, Kadri Veseli, Rexhep Selimi, Jakup Krasniqi and the unlikelihood that any potential acts of obstruction that might be attempted by Mr. Smakaj or Mr. Fazliu could go undiscovered.

The Judge also found that Mr. Fazliu and Mr. Smakaj are not a flight risk, especially in light of the bail that they had offered, and that would be forfeited if they were to flee.

The press release noted that Mr. Smakaj and Mr. Fazliu remain accused in their ongoing trial and their release is subject to various conditions.

“In line with international fair trial standards and the Kosovo Constitution, accused persons may only be detained before a conviction when judges determine there are risks justifying it. For each detained person, judges reassess every two months whether such risks still exist, whether they could be addressed through alternative measures, and whether continued detention remains necessary and proportionate,” the Kosovo Specialist Chambers said.