Lead defence counsel, lawyer Luka Misetic, has again responded to the SPO, requesting that it stop submitting evidence after the closure of the case against Hashim Thaci, Kadri Veseli, Rexhep Selimi, and Jakup Krasniqi.

On March 13, he initially asked the Trial Panel to order the prosecution not to present further evidence.

Meanwhile, on March 25, Specialist Prosecutor General Kimberly West responded to the request, asking for it to be dismissed.

The SPO stated that the disclosures in question meet all requirements and “do not constitute the submission of ‘filings’ or ‘presentation of evidence’.”

“The Defence request for an order against the SPO under Rule 136 of the Rules of Procedure and Evidence before the Kosovo Specialist Chambers, and disregards the application of Rule 112 and the jurisprudence of the Specialist Chambers in relation to it. The SPO’s fulfilment of its ongoing disclosure obligations, in accordance with the applicable framework, does not constitute the presentation of evidence or submissions within the meaning of Rule 136. The request should therefore be rejected,” the filing states.

However, on March 30, the defence responded, arguing that the SPO’s position is based on a “misinterpretation” and that, “if not changed, it would allow a continued violation of the right to a fair trial.”

The lead defence lawyer for former president Hashim Thaci, through his submissions, expresses concern that unilateral submission of evidence by the SPO does not guarantee a fair process.

Through this response, the defence has again requested the Trial Panel to order the SPO to stop submitting such evidence.

What does Rule 136 of the Rules of Procedure and Evidence before the Kosovo Specialist Chambers say?

This debate comes after the conclusion of the case against the four former KLA leaders, with the matter now in the hands of the judges for a verdict.

On February 9 this year, closing statements in the Thaçi et al. case began at the Specialist Chambers.

On February 18, the four former KLA leaders delivered 20-minute statements, again declaring themselves not guilty of all charges brought by the Specialist Prosecutor’s Office.

The defence teams of Hashim Thaci, Kadri Veseli, Rexhep Selimi, and Jakup Krasniqi have also requested acquittal on all counts of the indictment.

Specialist Prosecutor General Kimberly West has requested sentences of 45 years in prison for each of the former KLA leaders, alleging war crimes.

The trial against them began on April 3, 2023—almost three years after the indictment was confirmed, since when the former KLA leaders have been held in detention in The Hague.