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Shala, Smakaj and Fazliu are released on conditions by the Special

Haxhi Shala

The Special Court has conditionally released former MP Haxhi Shala, convicted in this court, as well as former KIA director Bashkim Smakaj and former KLA fighter Fadil Fazliu. The Special Court announced that for their release, Smakaj has given bail of 50.000 euros while Fazliu has given bail of 40.000 euros.

The Special Court convict, Haxhi Shala, and the defendants Bashkim Smakaj and Fadil Fazliu have been released on bail.

The Specialist Chambers have released former Kosovo Assembly member Haxhi Shala, who was held in prison for intimidating a Specialist witness and obstructing officials in the performance of their official duties. 

Shala has 10 conditions from the Special Court, including that he cannot leave the country without the permission of the Special Court, and he cannot make public statements or posts.

He must appear at the police station, in accordance with the Court's order. 

“1) To remain at his permanent residence; 2) To notify the Administration and the police station specified by the registrar of a change of permanent residence, subject to permission granted by the President; 3) To report to the police station identified by the Administration; 4) To surrender Mr. Shala’s current and future passports or travel documents to the Administration; 5) To remain in Kosovo and to notify the Administration of any intention to travel outside Kosovo and to seek permission from the President,” the conditions for Shala’s release specify.

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The Court also cited his repentance as a reason for Shala's release. 

The former director of the KIA, Bashkim Smakaj, and the KLA veteran, Fadil Fazliu, who are accused of attempting to obstruct officials in the performance of official duties, as well as contempt of court, have left money on bail. 

Smakaj will have 50.000 euros confiscated if he escapes, while Fazli will have 40.000 euros confiscated. 

Judge Christopher Gosnell has assessed that keeping Smakaj and Fazliu beyond the minimum sentence would constitute a violation of their rights. 

“The judge considered that the time that Mr. Smakaj and Mr. Fazliu have spent so far in detention exceeds the minimum sentence that they would receive under the law if found guilty. The judge also considered that the stage of presentation of evidence in the case of the Specialist Prosecutor against Hashim Thaçi, Kadri Veseli, Rexhep Selimi, and Jakup Krasniqi has now been completed and that it is unlikely that any possible obstruction attempt by Mr. Smakaj or Mr. Fazliu will go undetected. The judge also found that there is no risk that Mr. Fazliu and Mr. Smakaj will abscond, especially given the amount of financial bail offered by them, which they would lose if they absconded,” the Specialist Chambers’ announcement states.
 

Unlike former MP Shala, Smakaj and Fazliu have the status of defendants, for which they are obliged to be available to the court for the session scheduled for February 27. 

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But, similar to Shala, both Smakaj and Fazliu cannot leave Kosovo without court permission and must report to a designated police station in accordance with rules set by the court. 

Their release was welcomed by the KLA War Veterans Organization (OVL).
The Chairman of the Democratic Party (PDK), Bedri Hamza, has said that the conditional release of Bashkim Smakaj, Fadil Fazliu and Haxhi Shala is good news for their families and for all who believe in the innocence of the liberators.