Thaci's complaint about special legitimacy rejected

Thaci's complaint about special legitimacy rejected

Defenders of former KLA leader Hashim Thaci have filed complaints today against the Kosovo Specialised Council Judge (KSK)'s decision. The judge rejected their requests for suspending the procedure and rejecting the indictment, with which they rejected the legitimacy and legitimacy of that court, its establishment, the shape of the indictment, and others. [...]

The judge rejected their requests for suspending the procedure and rejecting the indictment, with which they rejected the legitimacy and legitimacy of that court, its establishment, the shape of the indictment, and others.

Those with complaints ask the KSK's Chamber of Appeals to prove that the court has expired the mandate, as well as that Thaci's rights were violated “so that the continuation of the trial against him would essentially violate the meaning of this procedure.

Among other things, in the complaint written on 20 pages, defence lawyers said the court (SVK) fails to meet the terms of the European Convention on Human Rights, because it is not independent and impartial.

The <x0-doctorate claims that the KDR Law (an approved by the Assembly of Kosovo) created what is applied in practice for an extraordinary court and that the KDR does not meet the guarantees of independence and impartiality, since the Law for It does not provide adequate rules for the composition and appointment of its members, the length of the service, the reasons for the dismissal, rejection and dismissal of its members”, is said in Thaci's defence setting.

The second reason for the complaint concerns the right to trial within a reasonable deadline, which they claim does not exist because Thaci has been under suspicion since January 7th 2011, when the Reporter Special of the Council of Europe Reporter Dick Marty's report on human organs has been published in Kosovo. Defence lawyers continue to complain that Marty's report was included as the basic “document of that court” because, as they claim, in that way the presumption of Thaci's innocence is violated.

In the report, Marky, among other things, condemned the “monstrous crimes”, expressed “a sense of moral rage” reading reports about Thaci as a key “player in the Kosovo mafia structure of organised crime”, recall Thaci's lawyers.

They add that Dick Marty's contractives report says that first-hand sources were credible to Thaci and other members of his immediate circle, that they ordered, and in some cases personally supervised, assassinations, bans, beatings and testing.

In the end, Thaci's lawyers reiterated the earlier claim that under the Kosovo Constitution, that court's mandate has expired on August 3rd 2020, which means they cannot work at all, nor judge anyone.

The judge's “Constatement that the interim mandate of the court and the prosecution has not expired on August 3rd 2020 is based on the lack of constitutional control process through which laws and amendments in Kosovo are assessed. Disregarding the procedure and judicial effect of the Constitutional Court's review, the judge has made a mistake in implementing the law, which has mistaken his decision on KSK's provisional mandate”, have declared lawyers. In addition to Thaci, complaints have been filed by defenders of three other indictees on the same occasion -- Kadri Veselini, Rexhep Selimi and Jakup Krasniqi. Wessel's lawyers have complained of violating the defendants' constitutional rights, while the complaints of Selimi and Krasniqi have been raised due to the form of the indictment.

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