The amniston Thaci law he has no obligation to respond to any Hemitor Commission.

Kosovo President Hashim Thaci for more than three hours yesterday reported to the Parliamentary Commission hemitary Commission regarding the deportation of six Gylenists from Kosovo. At that meeting, Thaci was criticised by MPs for failing to respond to the Commission's earlier invitations. But in view of the constitutional and legal provisions in power, was [...]
Thaci's report to the Parliamentary Investigative Commission for the deportation of gylenists was accompanied by insults, insults, and what not else among opposition MPs, diverting from the issue of gylenists to the war debate.
At this meeting, the president stayed more than three hours, despite clashes and non-coordination of MPs there.
Thaci was criticised for escaping deputies' questions about the glenists, countering them with questions.
Even MPs criticized Thaci for cooperating with them.
But, based on the constitutional and legal provisions, adopted exactly by Kosovo Parliamentary deputies, the president was not obliged at all to respond to the invitation of the Constitutional Commission to testify, because he is a witness released from the obligation to testify.
This is because the functioning of the Constitutional Commission is done on the basis of constitutional principles, under which the founding and functioning of the Investigative Commission should not violate independence or undermine the activity of other bodies, in this case neither the institution of the president of Kosovo.
“The establishment and functioning of the Parliamentary Constitutional Commission must be on the basis of constitutional principles and rules defined by law, not violating independence and failing to prevent the activity of other bodies. (See Article 2, paragraph 1 and 5 of Law No. 03 L-176 for Parliamentary Investment;”.
Legally, the issue of invitations to the quality of the witness in such cases and specifically the president's immunity, as follows:
“- Invited to witness quality gives the right to Parliamentary Commission to call public office carriers to listen to the Commission, to clarify the various circumstances related to the matter being investigated. The law recognizes no exceptions to public office carriers that can be invited to witness quality. (See Article 13.1.1) and Article 19.4. of Law No. 03 L-176 for Parliamentary Investment);
In accordance with the Constitution, the president is head of state, represents the unity of the people of the Republic of Kosovo, is the legitimate representative of the country inside and abroad, and the guarantor of the democratic functioning of the institutions of the Republic of Kosovo (see Article 4 (3), Article 83 and Article 84 (1, 2) of the Constitution). The president enjoys immunity from prosecution, civil indictments or dismissal of actions and decisions within the scope of the president's responsibilities. (See Article 89 of the Constitution);”
The appropriate implementation of the Kosovo Criminal Procedure Co-ordination Subscriptions concerning witnesses invited to the Parliamentary Criminal Procedures Commission . (See Article 18.2 and Article 19.8 of Law No. 03 L-176 for Parliamentary Reporting.
) privileged Witnesses and Witnesses freed from the obligation to testify according to Code No. 04/L-23 of the Criminal Procedure As a Witness cannot be questioned by the person who in his statement would violate the duty of preserving official or military secrecy until the competent body releases him from this obligation. The task of witnessing is to free every person of the facts he has learned during the exercise of his activity when he is forced to keep as a secret what he has learned in case of professional training. (See Article 126 (1.1) and Article 127 (11.5). 04/L-23 of the Criminal Procedure. Since the Criminal Procedure Code has not been explicitly defined, then appropriate can apply both situations: Privileged Witnesses and Witnesses freed from the obligation to witness. The president as a witness cannot be questioned, because in his statement he would violate the task of preserving official or military secrecy, and considering that the president is head of state, which guarantees the constitutional functioning of the established institutions with the Constitution and is once the Supreme Commander of the Kosovo Security Forces, and as such there is no other competent body that frees the president from the obligation to preserve official or military secrecy.
Therefore, during the president's invitation, in the quality of the witness, to the Parliamentary Criminal Commission, it must be taken into account that independence is not violated and the president does not stumble in his activity.
In any circumstance and case the president gives evidence, during his testimony, he is not obliged to reveal any information he has come to know about during his mandate. / P ERISCOPIA












