Hague prosecutor reacts again to President Thaci

The Office of the Prosecutor specialised in The Hague has again pressed fierce accusations towards Kosovo President Hashim Thaci. This institution accuses the former KLA political director of trying to break up the Special Court.

The Specialised Prosecutor's Office estimates that its mandate is determined in the Constitution of Kosovo, and that any other interpretation can, according to them, affect the damage to the processes that are currently under way.

The prosecution claims that Thaci is subject to an indictment compiled by it, is trying to undo this criminal prosecution body in any form.

The proposed variables are intended to resize or reshape the mandate. Likewise, the timing of making these statements has no official history of drafting. However, the fact that the changes are proposed by a president who is the object of an indictment submitted by the SPO in connection with war crimes and crimes against humanity by praising them with special observation, Mr. T HACI is not an uninterested party, and there is good reason to believe that proposals for changes are part of a broader strategy to undermine the tribunal. Indeed, the basic context for understanding and interpreting the proposed changes is provided by the public statements of Mr. T HACHY on August 24, 2020, the day he decided to forward Proposed Changes”, is said further in the opinion of the Specialised Prosecutor's Office.

As the Constitutional Court, which operates under the Special Court, has demanded that the parties submit their opinions regarding the amendment to the special mandate, the Specialised Prosecutor's Office is involved in the case.

At the opinon sent to the Constitutional Special Chambers, the Specialised Prosecutor's Office has cited a statement by Thaci, implying that he is willing to consider the special mandate expired.

“The constitution, in its current form, appropriately defines the KSC's temporary mandate The SPO, 11 who agreed with Kosovo's binding company in the Stock Exchange of Letters, will continue until Kosovo is announced by the European Union Council that any judicial procedure resulting from SITF-led investigations has been completed.12 9. While Article 162 (13) of the Constitution refers to a period foretold for 5 years, 13 when the relevant constitutional provisions are read as a whole, including the context of the Paper Exchange, which is specifically involved in referring to those provisions, it is clear that if investigations and procedures were not completed within the initial five-year period, then the mandate would continue”, the ZPO's opinion said at the beginning.

That opinion, the Specialised Prosecutor's Office, has quoted President Hashim Thaci's statement, given on August 24th, in which it says:

I still believe that this now encourages the Republic of Kosovo's Parliament to extend the mandate of Specialised Chambers and Prosecutor's Office by a report by the EU Council in consultation with the Government of the Republic of Kosovo. to complete this court's term.18 [...] We need to clarify the way the Specialised Chambers will shut down their work, so I believe MPs will support my” initiative.

The ZPO claims in a tendency of the president, according to her, that the Special mandate is temporary and in this form has expired. The Specialised Prosecutor's Office estimates that such an attitude by the president is linked to his attempt to make an indictment confirmation against him worthless

Proposed that the court's temporary mandate requires extension and clarification, Mr. T HACHI implies that the court's mandate has already expired in August 2020. The possible consequence of that position would be the worthlessness of all actions taken by the KSC / SPO since then, especially including any confirmation of the indictment against Mr. THACHAI”, says the opinion of the Specialised Prosecutor's Office.

In opinion, the Special Prosecutor's Office repeatedly mentions the break-up of the Special Court.

“As a result, proposed changes generate uncertainty for all persons affected by such procedures and may result in the outcome, delay in executing KSC mandates SPO, as well as minimising Kosovo's international obligations to conduct an effective investigation into the content of the 2011 Report. Equally, suspects and accused persons may be deprived of their right to a fair and quick trial.2 8 Chapter II of the Constitution protects all such rights, as well as human rights and incorporated instruments within it”, is said further in this opinion.

The opinion sent by the Specialised Prosecutor's Office consists of 22 points, where this institution argues how Thaci is trying to undo the Special.

President Hashim Thaci was addressing the Kosovo Assembly with a proposal for the ratification of the Constitution of Kosovo, connecting with the Law for Specialised Chambers and its mandate. The proposal specified that the mandate of the Specialised Chambers and the Specialised Prosecutor's Office “lasts until the announcement of the mandate's completion is made by the European Union Council in consultation with the Government of the Republic of Kosovo.

The Constitutional Court under the Special had given the parties deadlines that until October 19th to submit their opinions regarding the amendment proposed by Thaci.