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The Trial Panel in the case against former KLA leaders has decided not to accept the request of Hashim Thaçi's defense to prohibit the submission of further materials by the Prosecution after the case is closed on February 18, 2026.
The request, also supported by Rexhep Selimi's defense, aimed to prevent any new material that could be submitted after this date. The Panel concluded that the materials sent by the Specialist Prosecutor's Office in early March do not constitute new evidence in the procedural sense.
According to the decision, four materials submitted on 4 March and another on 10 March were communicated through the internal system and were not submitted for admissibility purposes, but as a notice to the parties and the panel. The Panel notes that this action is not contrary to the rules of procedure.
The Court also rejects the argument that, once the case is closed, the interest in overseeing the disclosure obligations is lost. According to it, this responsibility remains in force even at this stage of the process.
“Contrary to the submissions of the Defence, the Panel finds that the submission does not constitute a submission or evidence to the Panel within the meaning of this Rule. The discovery of the evidence was not communicated to the court for purposes of admissibility but as notice to the opposing party, the participants and the Panel,” Charles Smith’s decision states.
On the other hand, Thaçi's defense opposed the submission of these materials, calling them unfair and inadmissible. It argues that the unilateral presentation of documents at this stage violates the right to a fair and adversarial process.
The Panel's decision leaves in force the Prosecution's ability to continue communicating the materials, without considering them as new evidence in the proceedings.
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