Special Court talks about guarantees: For us Kosovo is not third country

The Special Court Appeals Chamber in an earlier decision left space for the conditional release of former Kosovo Liberation Army leaders if a third country offers guarantees for freedom protection of Hashim Thaci and others. And in Kosovo it was said that even the Kosovo government can offer such guarantees, since the Special Court recognises Kosovo as a third country.

But in an answer to Online Journal “Reporter.net”, Specialised Chambers have said Kosovo is not the third country.

“Nini 162 of the Constitution and Law on Specialised Chambers and Specialised Prosecutor's Office refers to Kosovo on one side and third places on the other”, the Special Court's response reported.

In their response, the Special confirms that its legal and judicial personality exists within Kosovo's justice system.

They say Kosovo has delegated all the competencies needed for the Special to operate.

“D The HSK was founded with full legal and judicial personality within Kosovo's justice system with an amendment to the Constitution and an act of Parliament (which resulted from a preliminary signing of an international agreement in April 2014 between the European Union and Kosovo (The Paper Exchange). In line with the Letters Release and as reflected in Article 5 of the Specialised Chambers and Prosecutor's Office, Kosovo has delegated all mandates, competencies and executive authorities needed to operate KHSK. Thus, the DHSK operates on an independent basis as confirmed by the Constitutional Court of Specialised Chambers in its decision on November 26, 2020, which can be found on the site of the DHSC”, the Special Court said.

About the possible guarantee of freedom protection of former KLA leaders has spoken even the Kurti Government.

In a response to Reporter.net, the government has said it cannot offer guarantees because Kosovo is not a third state.

Kosovo is not the third “state”, because the Court is legally Kosovo's. Based on legal provisions, the guarantee is neither required by the mother state (Kosovo) nor by the prime minister of the mother state (the government of the Republic of Kosovo), from which the accused comes and whose state the Special Court belongs by jurisdiction. So, Kosovo cannot serve as guarantor, as is being reported”, the government's response said.

In the same line of argument with Government was the presidency of Kosovo.

The Republic of Kosovo, with no interpretation, cannot be considered a third state, because the court functions under the jurisdiction of the Republic of Kosovo. The same is established by the Kosovo Assembly itself, as well as acting in accordance with Kosovo's constitution and laws,”, the Kosovo Presidency response said.

But unlike the Special, the Presidential Government, has expressed former Constitutional Court Chairman Enver Hasani, who declared Kosovo to be third.

If Kosovo were not the third state, then Kosovo would be responsible for it. Kosovo is not responsible. We have transferred sovereignty to an entity that is completely internationalised”, Hasani told KTV.

On the other hand, Croatia and Slovenia have denied speculation that they are willing to offer guarantees to Hashim Thaci, Kadri Veselin, Rexhep Selimi and Jakup Krasniqi.

In a response to Reporter.net, Croatia's presidency said it is impossible to offer guarantees to former KLA leaders.

Meanwhile, in response to Slovenia's prime minister for Reporter.net, this country reportedly has no information on the issue.