Requests for Special Lawyers Paid

In this ministry, the ministry's minister declared to Radio Free Europe that the same are in the initial phase of review by the ministry commission, which will decide on the basis of the principles and criteria outlined by law and relevant guidelines.

Cases at Special Court in The Hague

Kosovo institutions have already announced that there are currently about sevenm euros earmarked for next year for the accused at The Hague, while another thirteenm euros are in reserve.

Charged in The Hague, currently, are former Kosovo President Hashim Thaci, as well as former KLA leaders Kadri Veselini, Rexhep Selimi and Jakup Krasniqi, Salih Mustafa. They are accused of war crimes and crimes against humanity. All of the accused already have defence teams consisting of local and international lawyers.

Who are the lawyers of former KLA members?

According to the ministry, materials linking with the Specialised Chambers are classified with the decision of former Prime Minister Ramush Haradinaj, of the level of intelligence, while in terms of financial aspects, “in a later phase” the ministry will provide additional information on the opinion, making the ministry's weekly expenses public, including the expenses related to this process.

The current justice ministry, however, has not provided further information on how the assessment and payment of the lawyers' work will be made.

According to a directive from November 16th 2020, the ministry will have the discretion to negotiate a monthly fixed payment agreement with the authorised protector. In the same direction, the model of agreements is envisioned, envisioning that “any communication in the future between lawyers and clients, or between lawyers and the ministry, is strictly confidential”.

But, Ehat Miftaraj from the Kosovo Institute for Justice, stresses that the applicable law in Kosovo does not allow fees for lawyers to be secret.

“instead, should be transparent and make sure that all accused are treated fairly, equally”, he says.

Who pays lawyers to The Hague Court?

He adds that a <x0 approach like this seriously violates the principles of transparency, accountability and access to fair, equal treatment and under the same conditions all persons charged”.

Lawyer Valon Hasani, who is a supporter of lawyer Venkateswari Alagedra, who defends accused Jakup Krasniqi, former head of the Kosovo Assembly, has declined to speak if he has made any requests for payment cases at the Ministry of Justice.

I can't tell you anything. I'm not the principal lawyer in case of”, Hasani said.

Kosovo government covers expenses of several respondents in The Hague

Otherwise, the former government led by Ramush Haradinaj has made a decision in January 2019 that “information that connects with Specialised Chambers and the Specialised Prosecutor's Office are classified and protected by access to unauthorised persons.

Under the decision, the exception is information concerning the spent financial means related to legal protection and financial support connected with Special Chambers”.

The government's reasoning states that “is estimated that unauthorized opening of such information would seriously damage Kosovo's security interests, as well as such information, among other things, and the foreign relations of the Republic of Kosovo”.

Under the Law, any charged with potential from the Specialised Chambers has the right to financial assistance and coverage of defence spending.

Kosovo's separate defence tools in front of Specialised Chambers

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

On this issue, from the Office of Kosovo Prime Minister Avdullah Hoti told Radio Free Europe that “will implement the legal provisions involving financial protection for the protection of indictees from the Specialised Chambers”.

On the other hand, some citizens from Pristina who have been talking to Radio Free Europe are largely opposed to having with state money the lawyers of war crimes indictees paid in Kosovo, but also insist on transparency.

The Special Court investigates the alleged crimes of Kosovo Liberation Army members committed against ethnic minorities and political rivals, mentioned in the 2011 Council of Europe Report, whose author is Swiss senator Dick Marty.

How did countries in the region respond to a lawyer's payment?

Croatia has had a case in The Hague -- the case of Croatian General Ante Gotovina -- of others concerning the judicial process “The” storm, for which about 28m euros were spent for defence. The Croatian government has declined to show how much money each has received from the lawyers.

Croatian lawyers themselves had declared at that time when they were in The Hague, 20,000 euros a month were paid, and when they were in Croatia they received 10,000 euros. Also, the government pays them their travel and hotel expenses, but not their employees.

Gotovina himself has had several lawyers for whom the state has paid at least about 10m euros. /