Decani historians call for Constitutional Court chairman's resignation

The letter says that on May 20, 2022, it has been six years since the Constitutional Court, with a panel of local judges, without including Judge Bekim Sejdiu who was opposed, and others who have abstained in the vote and international, makes a verdict in the form of a court of justice, through whom it recognises them as legitimate and legal decisions in Kosovo, independent and sovereign state, laws and sublegal acts Serbia has made for Kosovo during the 1990-1999 period.

Grace Caka-Niman, the current head of the Constitutional Court and the first of the Constitutional Court, Arta Rama-Hajrizi, have been pro and along with international Constitutional judges have been in favour of the Decani Monastery's demand, that properties and companies “Apico” and <2>iliria” be pardoned to the monastery, that in support of the time decisions of Milosevic's violent measures, historians say.

Moreover, they say that Gresa Caka-Niman and Arta Rama-Hajrizi, with support and voting for implementation of Milosevic's wartime decisions in Kosovo, have violated the Constitution and the new constitutional order in post-war Kosovo.

“Gresa Caka-Niman, should resign from her duty at the head of the Constitutional Court of Kosovo, because the act of judging this court for property in Decani is a dangerous precedent, and Kosovo has put it on a dead end, from which it is hard to get out. Gresa Caka-Niman and Arta Rama-Hajrizi, in the case of taking this act six years ago, have testified that the chair and their profession for them are more important than the interest of the Albanian people and nation and the protection of constitutionality in Kosovo”, said on paper.

Decani historians say the resignation of Gresa Caka-Niman is the good way and would do an honour not to head the Constitutional Court.

“Gresa Caka-Nimen, we invite her for public statements and give you answers as to why she has supported this folly, which she has accomplished and broken, based on Milosevic's laws. We, reiterate our position of choosing the best solution for property and companies “Apico” and “Illaria” is to return to state-owned property (ase) of the Republic of Kosovo”, the letter says.

Decani historians once again urge that the unconstitutional and anti-unconstitutional act of property and companies “Apico” and “Iliaria” not be implemented.

“We, with all our strengths, will challenge any attempt to implement your decision, because in Kosovo Milosevic's decisions cannot be implemented, decisions that the entire democratic world has fought, and which the mission has announced. UNMIK in Kosovo” concludes the letter.

Otherwise, Prime Minister Albin Kurti in February of this year reiterated his position that the Constitution's decision to force the local Decani authorities to return the Decani Monastery 24 hectares of land and forests is based on “the discriminatory policies of Serbia's government of 1997.

He had said the government would try to preserve the legitimate rights of the Decani Monastery, but added that religious leaders should also seek solutions through dialogue and agreement with the local population in Decani.

Local authorities in Decani believe the 24 hectares of land and forests are of social companies “Apico” and “Illaria” and insistly reject implementation of the Constitutional decision.

The Constitutional Court had stated that its decision had not been implemented and called on the Kosovo State Prosecutor to take further action, in line with legal competencies.

In the decision to fail to comply with the indictment, the Constitutional Court said it has no jurisdiction to assess responsibility for failing to implement the decision by the responsible bodies, and that such an assessment belongs to the state prosecutor in line with the Criminal Code and the Criminal Procedure Code.