Kosovo's commitments to accused by Special Court

On the basis of the Law on Legal and Financial Protection of Those Who may have been charged by the Special Court, individuals have the right to request assistance in covering defence spending and the commitment of independent defenders.

The law guarantees coverage of the costs for lawyers to accused persons. It also provides cover of expenses for family members and their families during visits to make to these people who will face court processes in The Hague.

For covering these expenditures, the Government of Kosovo, according to Justice Minister Abelard Tahiri, has allocated 1.5m euros.

This law covers the expenses of their family dealing with their trips, because it concerns a court that already exists outside Kosovo. They are guaranteed the right to visit their families who are accused of the process. It also obliges us to compensate for their protection that should be offered”.

“While, in the moment they are declared innocent, the law envisions their compensation, with a certain financial amount, but now I can't talk about what it will be and what it will be”, Tahiri Minister told Radio Free Europe.

Meanwhile, even civil society representatives have said that financial and judicial protection is considered a binding measure that the state of Kosovo should offer to these people.

Ehat Miftaraj, from the Kosovo Democratic Institute, in a conversation for Radio Free Europe, has said that all persons who may be the object of these processes, the state of Kosovo must offer equal treatment, fair and impartial judgment.

The Kosovo state has failed to investigate, prosecute and judge war crimes in Kosovo itself, and has been obliged to form a court in a third place, then according to international principles, regarding respect for the rights and freedoms of persons who might be the object of these procedures, should offer equal treatment in judicial procedure”, Miftaraj has said.

He has clarified that under the Law for Specialised Chambers, it is determined that if such individuals can be convicted and condemned by a formal form bias, it is the possibility of confiscating their property and thereby paying back the victims of crime.

“This implies that the state in the concrete case offers equal opportunities to have a fair and impartial trial, while on the other hand, if the same is found guilty, then the state reserves the right to seize their property and offer compensation to the victims of crime”, has clarified Miftaraj.

Kosovo institutions have approved the launch of the work of the Special Court, which by the beginning of this year has worked on harmonising the labour regulation with Kosovo's laws and Constitution. Lastly, it has been communicated by this Court that all regulations are in line with Kosovo's legal acts and that it is expected that in the future it will proceed with the first cases.

The Special Court will handle charges of crimes during 1999-2000. It will be funded by the European Union and acts in accordance with Kosovo laws, though prosecutors and judges will be international.

The headquarters of this trial is in The Hague, where the Netherlands Kingdom has ratified the Kosovo Specialised Chambers Agreement.

Kosovo's government, through the Ministry of Justice, will ensure the implementation of this law, until the completion of judicial procedures on persons charged with potential near Specialised Chambers.