This is Chief Special Court. This is her promise.

The head of Kosovo's Specialised Chambers, Ecataritina Trandafilova, told BIRN that the new court has no ethnic bias, will protect its witnesses from cano and will impose justice impartially and independently.

In her first interview as head of Kosovo's Specialised Chambers, Judge Ekataria Trandafilova told BIRN that The Hague-based newly established court that will try former members of the Kosovo Liberation Army will not be ethnically unilateral, as it will judge only suspected criminals, not the guerrilla organisation itself.

Trandafilova also promised that the court would properly protect witnesses ʹa failure in previous efforts to try Kosovo Liberation Army fighters ♫ and expressed hope that its work would help strengthen the rule of law in Kosovo.

This is not the first time Trendafilova has ruled in cases of international criminal justice. Before joining Kosovo's Specialised Chambers, she was a judge at the International Criminal Court -- an experience she believes will benefit in her new role.

BIRN: Other hybrid courts have already worked in Kosovo. What difference does this court have from others, and how will you as a judge allow the court's mandate to be fulfilled?

Roses: Specialized rooms are different in many ways. I'm going to mention some of them, but I'm not going to mention words like "hibrid," international or internationalized." The Specialised Chambers were created through a constitutional amendment that was adopted by the Assembly of Kosovo by a two-thirds majority. This is a powerful factor for us. This means that the people of Kosovo through its representatives in the Assembly expressed the will that such an institution is needed and desirable.

Second, Specialised Chambers can rely on Kosovo authorities, including police in connection with the implementation of orders, checks and sequentials, and about the arrest of suspects. Under the Law, Kosovo authorities are required to co-operate with the Specialised Chambers for achieving the grand goal of bringing people responsible for the serious crimes allegedly committed.

On the other hand, we are a displaced institution in the Netherlands, which is the receptive state, and that means that we enable the highest security for all that works with the Specialised Chambers, in particular victims and witnesses.

Also, specialised rooms can judge only international judges. This solution shows that the Kosovo Assembly paid full respect to the independence and integrity of this institution, to criminal proceedings that will be conducted in this institution and the safety of victims and witnesses.

As judges and as head of Specialised Chambers I will ensure the fulfillment of the mandate from the Specialised Chambers through implementation of the Law adopted by the Parliament of Kosovo and the judges approved. The most important thing to point out is that I am confident that judges appointed to the Record of International Courts who have a great experience will conduct exemplary judicial procedures and pronounce extremely quality decisions.

BIRN: How will you address the problem of communication and explanation of the Specialised Chambers Mission in view of TPNJ's poor reputation in the former Yugoslavia, but also considering the reluctance to this new institution in Kosovo?

Roses: Perhaps, in Kosovo not all are supporters or opponents of Specialised Chambers. However, as I said in an earlier response to your question, the decision to establish the Specialised Chambers was the decision of representatives of the people of Kosovo, the Parliament.

We're real, now we function and we can get statements. Our mandate is different from that of TPNJ and we have to be judged for the work we're going to do.

In addition to the establishment of our institution and our readiness for the launch of judicial procedures, it is equally important, to continue informing the public of our mandate, procedures and possible outcomes expected from the work of our institution. This is important to prevent distorted information or misunderstandings.

I strongly support the greatest possible transparency regarding our activity, of course except for the sensitive and confidential information that is needed for the protection of witnesses to come to testify.

Since last year and the inauguration of our Web site in three languages where all information can be found in English, Albanian, and Serbian, all important information and public presentation of parties and judges is accurately recognized to the public, and this will continue.

Communication with the media is an ongoing process. Also, the tribunal's top leaders, as well as the team of Specialised Chambers for Public Information, have been regularly in interaction with important factors different from civil society, academic fields and media in Kosovo, as well as wider in the region and the world.

For example, in the spring of this year, Dr. Fidelma Donlon, held a meeting in Pristina with numerous media and civil society representatives at the Forum for Transparency of Justice. I expect similar activities to continue in the future.

I also recently held a press conference at our headquarters. We also expect numerous visitors and hold lectures for groups of interested students. All these activities are part of the implementation of our communication programme, which will intensify. We will organise direct transmission of future court hearings.

I would like to stress that I fully rely on communication to convince people in the region that Specialised Chambers will render justice impartially and independently to anyone related to them.

BIRN: How difficult is communication if you are far from committing crimes?

Roses: I am fully aware of the difficulty that creates the distance to effective communication and awareness. However, fortunately we live in the modern technology era that I hope will help us establish direct communication with all concerned, not just the media.

One of the immediate priorities is to address the victims and explain their rights as a whole, as well as the corresponding process of demanding and fulfilling conditions for accepting as a victim. Also, witnesses will be granted assurances concerning the strong safeguard clauses taken by Specialised Chambers.

Moreover, once court hearings begin, we will broadcast them through our Web site in all official languages that will enable the public and the media to follow them.

Of course, based on the need for witness protection, some transmissions will be partial, or there will be protective transmissions such as change of appearance and voice.

BIRN: How do specialised rooms co-operate with Kosovo authorities? As for detention and arrests, will you use special court police, Dutch police or Kosovo police?

Roses: As envisioned in the Law, we can rely on the Kosovo police as well as any Kosovo court. Also, the Specialised Prosecutor may apply his orders through a police force within his office. Any order and decision of Kosovo's Specialised Chambers, including sequential checks and arrests of suspects on Kosovo territory, must be implemented. The Law dictates this. Also, if necessary, we can seek international cooperation.

BIRN: How sensitive should you be to the current political circumstances in Kosovo?

Roses: It's not really about sensitivity. Specialised rooms are an independent judicial institution in exercising its functions and in fulfilling the mandate, in accordance with the Law and agreed and adopted by an absolute majority of the Kosovo Assembly.

We carry out our mission just as it is embedded in the Law, independently of the political process in Kosovo. We obey only the constitution and the law.

However, we carefully monitor developments in Kosovo and are aware of sensitive problems, without being influenced by them.

BIRN: What response do you have to the criticism that the Specialised Chambers are unilateral and dealing with only one ethnic group, Kosovo Albanians?

Roses: Specialised rooms do not conduct prosecutions of any ethnic group or organisation. Specialised rooms will prosecute and convict only individuals. The law clearly stipulates individual criminal responsibility, which means individuals will be convicted of criminal acts they committed as individuals and not as members of one ethnic group or community of any other group.

BIRN: The court also has an entity for the support of the victims, and retaliatory programs are presented in the Law. How will it work in practice?

Roses: First of all, let me tell you that I'm quite satisfied that unlike TPJ, specialised rooms give victims access to procedures.

Victims of crimes mentioned in an indictment can apply to the Office for the victims' participation in the Administrative Office, if they want to participate. The Law envisions the victims' right to notice, recognition as a victim, and damage. In practical terms, this means that the victims may have genuine participation in the procedures of the Specialised Chambers and may require damage.

After declaring a guilty defendant, judges may order him accused of paying adequate compensation to victims, collectively or individually. The Office for the Association of Victims will also manage a list of victims' defenders to enable efficient legal representation and assistance to victims.

BIRN: Can you also explain the role of the ombudsman?

Roses: The inclusion of the ombudsman, also envisioned in the Constitution of Kosovo, is an important constitutional guarantee, also within the legal framework of the Specialised Chambers. Through the ombudsman, there is more transparency and openness to the public on our part and that the ombudsman serves as the independent overseer of the Specialised Chambers and the Specialised Prosecutor's Office.

At the same time, the ombudsman will show due respect for the independence of the judiciary and judicial procedures, which means that the ombudsman cannot intervene in their performance, unless it comes to unlawful delays.

Finally, the functioning of the ombudsman is supposed to empower controls and balances, which are for guaranteeing fundamental rights and freedoms, as they are embedded in the Kosovo Constitution.

I look forward to functioning this mechanism, which will only contribute more to the credibility of the two institutions.

BIRN: So far witness protection has been one of the key problems in Kosovo's war crimes trials, and specialised Chambers claim to have prepared a strong witness protection system. How do you feel about the approach of international and local courts to the protection of witnesses who testify to international crimes? Is this one of the reasons courts are often far from the crime scene?

Roses: Based on my past experience, but also being aware of some past cases, I am well aware of the importance of protecting witnesses. This is a key factor in the mandate of Specialised Chambers, which is evidenced by the fact of the shift of procedures to the Netherlands.

For this reason, a strong witness protection system has been created in our Procedure and Testing Order. In addition, the Specialised Chambers will not tolerate any kind of intervention in the safety and welfare of witnesses and will prosecute such interventions.

Displacement of procedures constitutes a powerful instrument that provides better protection for witnesses, victims and others who have work with the Specialised Chambers.

Me and all judges have firm faith as expressed in the Order, that justice will not be done at the expense of the security and well-being of any person who cooperates with the Special Chambers. In a word, protection is a key to us.

BIRN: What do you see as possible obstacles to the successful activities of the Specialised Chambers?

Roses: I will address that question in a different light, namely, what factors serve as a measure of fulfillment of the mandate from the Specialised Chambers.

First, those whom the specialised prosecutor will charge with charges of grave crimes will have to be arrested or voluntarily handed in to face charges against them. I hope the specialised prosecutor quickly fulfills his investigative duties and hands over the indictment as soon as it is ready.

Second, accused persons would be guaranteed a fair and swift trial in line with the Kosovo Constitution and higher human rights standards.

Third, the rights of the victims will be effectively protected.

Fourth, Specialised Chambers and judgments to be carried out there will be an opportunity for the people of Kosovo to face the past.

Finally, through the fulfillment of the mandate, the Specialised Chambers will strengthen and further bring the legal state to Kosovo.

BIRN: You're an experienced judge who worked in international courts earlier. In your opinion, how helpful will your experience be at the International Criminal Court for your work in Kosovo's Specialised Chambers?

Roses: At the International Criminal Court, I have been working on a series of issues where I have faced various legal and actual problems, with complex challenges requiring immediate action and adequate and timely solutions.

The nine years I spent at the International Criminal Court, as well as my previous experience, provide a solid basis for tasks entrusted to me to perform in Kosovo's Specialised Chambers.

It is important to rely on lessons learned and benefit from achievements that not only must be implemented but further developed and improved on the daily activities of Kosovo's Specialised Chambers.

The same is true of all judges at the International Courts Register who have extensive local and international experience, including experience in international criminal courts.

As the newest institution to prosecute international crimes, we have the never-ending opportunity to avoid shortcomings that may have been encountered in other judicial institutions in their respective jurisdictions.

BIRN: According to you, in what ways can this court help advance criminal justice? Does this court have something for other courts to use as a new element?

Roses: The structure of Kosovo's Specialised Chambers and legal framework for the activities of this court contain some innovations that can help advance criminal justice and can also serve as models for institutional improvements in the future.

In this regard, I would like to mention the Specialised Chamber of the Constitutional Court. This room is part of the structure of our institution tasked with considering whether the regulation of the procedure and evidence coincides with the Kosovo Constitution and if it reflects the highest standards of human rights.

Another responsibility of this room is to ensure the protection of the rights of individuals embedded in the Constitution, in front of the Specialised Chambers, and by any action by the Specialised Prosecutor's Office. Other criminal justice institutions that prosecute similar or similar crimes do not have this fundamental guarantor mechanism of human rights.

Also, the ombudsman is a innovation of our institution compared to international criminal courts. The ombudsman's duty is to monitor and protect fundamental rights and freedoms embedded in Chapter II of the Constitution, to those who have jobs with the Specialised Chambers and Prosecutor's Office recommended in accordance with Law and Order.

Third, Kosovo's Specialised Chambers aim to function efficiently and efficiently. The Law, for example, does not predict the permanent presence of judges at the headquarters of the Specialized Chambers except for concrete work needs.

The law has also established an International Courts Regiment and a functioning system in which the mayor has the competence to appoint judges to various panels, according to needs.

We have also provided precise management of cases and strict deadlines for judicial activity. These and many other methods agreed upon and adopted by judges will make our institution effective.

Some of these features stem from Kosovo's judicial system, while others have been presented by Plenare judges. These innovations can be studied and taken into account properly in future models of international criminal justice.

BIRN: In view of the current crisis at the International Criminal Court and the establishment of hybrid courts like this for Kosovo, or the Court for Central African Republic, do you think this is the future of international justice, or is it a temporary compromise?

Roses: Initially, I disagree that the International Criminal Court is in crisis. On the contrary, the first permanent international criminal court has been operating for almost 15 years and has been firmly consolidated in the international arena.

The problems the International Criminal Court has with certain member states may be viewed as proof that this institution is on the right track in fighting horrible crimes that hurt mankind's conscience.

The fiercest opposition comes from those who fear the moment they face this court.

However, the existence of the International Criminal Court does not prevent the emergence of institutions of a different nature, such as Specialised Chambers and hybrid courts for the Central African Republic, where the specificity of crimes and problems that need to be resolved tend to follow a different path./Cashho. com