Who pays lawyers to The Hague Court?

Along with the adoption of the Law for Specialised Chambers in August 2015, Kosovo's Assembly had also adopted a law under which any potential accused by the Specialised Chambers has the right to financial assistance and coverage of defence spending.

The “all persons charged have the right to request assistance in covering defence spending and the commitment of independent, experienced and competent defenders, paid from the Kosovo budget, accommodated for the purposes of this law”, it is said among other things in this law.

But with administrative direction No. 02/20, of July 24, 2020, signed by Justice Minister Selim Selimi, stipulates that financial coverage of lawyers is done on the basis of tariffs imposed by the Kosovo Lawyers Oda; lawyers' tariffs in the Netherlands; state fees from where the defenders and legal protection fees of the person charged with the potential of Specialised Chambers.

The executive director of the Kosovo Institute for Justice (IKD), Ehat Miftaraj, says the legal regulation is clear. According to him, those who have famous international lawyers in The Hague will have to pay a portion of the budget themselves.

The protection of international lawyers may be very, very expensive, but that does not mean the same (the accused) can get the most expensive lawyers to represent them. That they can do, but through their budget”, Miftaraj told Radio Free Europe.

How much is protection?

The amount required by lawyers remains confidential, but based on previous experiences, it is about millions of euros.

Michel O'Reilly has been part of former Kosovo Prime Minister Ramush Haradinaj's defence team during the trial proceedings at The Hague Criminal Tribunal in the former Yugoslavia.

In a letter to Izremas, O'Reilly, on May 23, 2015, wrote that Haradinaj has paid 11m euros for his protection.

I told him it would cost 5 million euros to have the protection he needs. In fact, it cost 11m euros and all were donations from the people of Kosovo. I told him that this trial would take two years of his life (even my life) actually took eight, four of which he spent in prison”, he wrote O'Reilly.

Who's protecting former KLA members?

Currently, former top KLA leaders have published their defence teams, consisting of prominent names.

Former Kosovo President Hashim Thaci will be protected by Pierre-Richard Prosper, David Hooper and Dastid Pallaska.

Former head of the Democratic Party of Kosovo Kadri Veselin has chosen British lawyer Ben Emmerson, who has defended him at The Hague Tribunal and former Prime Minister Ramush Haradinaj. There is another Briton, Andrew, on Wessel's defense team. Kayley.

Former Kosovo Assembly Speaker Jakup Krasniqi has committed the lawyer from Malaysia, Venkateswari Alagedra.

Meanwhile, Vetevendosje Movement deputy Rexhep Selimi has chosen as legal representative in his defense against the claims of the Specialised Prosecutor, British David Young.

Less internationally recognised lawyer has the other former KLA member, Salih Mustafa, who is charged with war crimes. The Mustaf will protect the Dutch, Julius Von Bonne.

Free Europe Radio has requested clarification from the Ministry of Justice about how to deal with cases when accused people will seek greater financial cover than envisioned in the determined tariffs, but has received no response.

On the basis of the administrative directive, the ministry will establish a commission, appointed by the justice minister, to be led by the ministry's secretary-general, who will be in charge of approval or rejection of requests for legal defence financing.

At the Kosovo Institute for Justice, they demand that the Justice Ministry be transparent in the payments it will carry out for defence lawyers.

“Transparency and accountability are basic to ensure that all people charged can receive financial protection, fairly equal and not as it has been done so far, when this is done on selective basis”, said Ehat Miftaraj from IKD.

“In this direction, the Government of Kosovo must immediately change its until now tactic so that any kind of financial assistance is public and financial assistance requirements are also public. This would avoid the possibility of individuals assigned to be privileged and others not, as has happened so far”, he added.

But the transparency that is being demanded by this organisation is being questioned, as on 16 November, the Ministry of Justice has made the amendment to the administrative instruction of July 24th, 2020, which has published the form of the contract that will sign with defence lawyers.

It determines that the agreements will remain confidential.

The ministry acknowledges that this agreement, as well as any communication in the future between lawyers and clients or between lawyers and the ministry, are strictly confidential”.

How is the request applied for legal protection implemented?

All of their accused or authorised must meet an official requirement for covering legal protection expenses. These costs may include all services performed by the defence team, including office and phone expenses, which were not envisioned in the first administrative directive to be allowed on the final directive of November 16th.

The same subject is further prosecuted by the commission in the case.

But, in addition to coverage of legal representation spending, the state will also pay for all expenses of visits by family members of persons charged by the Special Chambers. This is arranged with a special administrative guideline, dated July 23, 2020.

“Every person charged with potential, within a year, has the right to be visited with the necessary financial support, mostly by twelve close family members, and no more than three family members for a visit”, are determined on instructions.

This category includes husbands, children, parents, brothers, and sisters.

Under the Law for Legal Protection and the financial support of potential persons charged in judicial processes near the Specialised Chambers, there is also involved in implementing the right to compensate persons charged with alleged crimes in court processes near the Specialised Chambers, declared innocent with an all-powerful decision.

So far, for the first processes in The Hague, 61 thousand euros have been allocated by the Government of Kosovo.

Meanwhile for next year, 6.7m euros for coverage of the defendants' defence expenses from the Specialised Chambers are envisioned in the drafts.