Actuals set up by Special Court can shake political scene

In the weekly Radio Address Book Free Europe, “Focus”, they say the charges, which will be filed by the Specialised Prosecutor's Office, as well as court processes, can shake Kosovo's political scene and that concerns or warnings of such a shock have already been ignored.

Special Court, no turning back.

Ismet Salihu, professor of International Criminal Law, speaking of Radio Free Europe, expresses conviction that the Special Court, although it has been ready to act, has so far not done so, so that it will eventually not affect the parliamentary elections process that were held on June 11th.

A avoidance of labour, according to him, this court will do so until after local elections, which will be held on October 22nd.

With the conclusion of local elections, this court can start operating at any moment. Otherwise, going back, this court, there won't be. Kosovo's opinion, Kosovars, should be prepared for the raising of charges and responsibilities of people who will be charged with alleged crimes by Dick Marty, later by special prosecutor Clinton (Wiliamson), as well as by the current (David Schwendiman)”, says Professor Salihu.

The country's knowledge of political developments, Imer Mushkolaj, suggests that personalities who have spoken of being targeted by the Special Court already have information that they may be on one of the charges, despite not having made public. He tells Radio Free Europe that the work of the Special Court is already not only declarative.

Now, she's also lying on the ground and the first charges are expected to take place. Of course, this will cause and have influence on Kosovo's political scene. Of course, I, President Thaci's recent statement, linked it to the very possibility that this Special Court will disturb Kosovo's political scene. But it is another matter of how and how much this shock can be managed or maybe this serious concern, which will bring you Special Court”, says Mushkolaj.

Effect on Political Scene Configuration

Days ago, Kosovo President Hashim Thaci has stressed that forming Special Court “has come as an international political need”. He has said that the Special Court's accession from Kosovo has been made under the imposing international diplomatic circumstances, on the part of Kosovo's international partners, with the argument that it should satisfy other actors, in particular Russia and Belgrade.

President Thaci has expressed commitment to truth and reconciliation, but however, the formation of the Special Court has named “unjust historical processes against Kosovo”, and has raised doubts about the justice this court could impose.

The Special Court will only be one point of justice in the sea of injustices that have occurred in Kosovo. The question is, will the truth come out and will this court bring interethnic reconciliation?”, President Thaci has said.

But, politicalologist Ramush Tahiri has earlier told Radio Free Europe, that despite current or evental reactions that may follow in political and institutional figures in Kosovo, the Special Court cannot be abreasted.

This is just some kind of excuse that this court is working -- Hashim Thaci, now in the presidential post. But, I don't think it will have any practical impact, except that it will have an impact on Kosovo's or the president's own relations with the international factor”, Tahiri stressed.

Analyst Mushkolaj voices the opinion that in the coming months there will be other reactions regarding the Special Court.

I believe that the president's harsh reaction, in the future, immediately after the election (local) is over, will continue to join the reactions of other actors, who may be part of the indictment by this court, depending on how they receive the information on their involvement”.

“The political scene can be hit because if we look at Senator Marty's report, we find very important names there. Any indictment that will include one or more of these names will seriously, I believe, even in the future configuration of the Kosovo political scene”, Muskolaj points out.

Professor Salihu suggests that despite reactions, whether within Kosovo or abroad, political influences cannot penetrate the work of the Special Court.

In fact, according to him, this court is the product of non-consolidation of the local justice system, as well as poor international justice, under UNMIK, and then EULEX, which by 2014, had exclusive competence for prosecution, prosecution and trial of crimes during and after the war.

“This Court (Special) is founded because of the political influences that have been made within courts, our justice system”, says Professor Salihu, adding that he is convinced that the Special Court has all relevant guarantees of the right justice system.

Budgetary Applications for Kosovo

The prosecution of charges by the Special Court is expected to create implications for Kosovo's budget as well. This is about the fact that with the Law for Legal and Financial Protection of potential persons charged with judicial processes in the Specialised Chambers, expenditures will be covered for any person charged by this court, such as his defence or lawyer's commitment, to the expenses of trips outside Kosovo for him and his family. It also includes covering up the expenses for judicial procedures to the compensation of those who will be declared innocent by the court.

Government officials say the law will be implemented. Halil Matoshi from the cabinet of Kosovo Prime Minister Ramush Haradinaj stresses that the government will respect the decisions of institutions.

The Kosovo government will continue to be very responsible and to behave in accordance with all decisions that the institutions of the Republic of Kosovo have made”, Matosi points out.

But Professor Salihu considers that this law has been unnecessary, because according to international conventions and according to international and national law, accused who do not have financial means to pay protection, Fatheria provides, according to official duty.

There must be budgetary implications. This law has not made that calculation of budgetary implications, of how much the commitments of the defenders of persons who will eventually be charged and brought before this court”, notes Professor Salihu.

However, connoisseurs of political and judicial developments have different assessments regarding the effects that the Special Court can create on Kosovo citizens. Although, according to them, promoting unrest is not disfellowshipped, just as the opinion response, however, they say, will not be able to take effect on the work of the Special Court.