What Albania's draft resolution contains against Dick Marty's report, expected to be voted in today

Today in the country the draft resolution “Mbi is discussed with the basicity of claims on illegal organ trafficking in Kosovo and Albania. ”

On July 18th, the SP deposited in Albania's Parliament a proposal for a “Resolution” and the text of the resolution with which Albania will reject claims on organ trafficking.

In the text of the draft resolution that is expected to be proposed to Albanian lawmakers it is said that deepening investigations about Dick Marty's claims of organ trafficking remain unexplained, untested and groundless, so it is stressed that such should be considered even by internationals.

Project complete:

On the groundlessness of claims on illegal trafficking of human organs in Kosovo and Albania.

1. Referring to Resolution 1782 (2011) of the Parliamentary Assembly of the Council of Europe (“APKiE” for “Invention of claims for inhuman treatment of persons and illegal trafficking of human organs in Kosovo”, which was based on a report (Doc. Dick Marty's 12462, January 7th 2011, (“Raporti”), then member and rapporteur of the Committee on Legal Affairs and Human Rights in APKiE;

2. Recalling that the report was drafted following a motion for resolution (Document 11574, April 15, 2008), authored by former APKE member Konstantin Kosachev, the Russian Federation, the European Democrat Group, based on Mrs. Carla Del Ponte, former prosecutor of the International Criminal Criminal Criminal Tribunal for the former Yugoslavia (“ICTY”), who in her book “Guetia: Me and war criminals”, published two months after Kosovo's declaration of Independence and about three months after resigning as ICTY prosecutor, raised doubts that members, Kosovo Liberation Army leaders (“UÇK”) had conducted inhumane treatment of persons and illegal trafficking of human organs in Kosovo and Albania, those crimes that could not be investigated by the ICTY for lack of jurisdiction, as a cause for limited command at this time and at the time of the court. These claims were investigated and previously by the ICTY office, during Del Ponte's mandate, but no evidence had been found to base claims on committing these crimes;

3. Underlining that Dick Marty's report, following claims by former prosecutor Carla Del Ponte and the resolution motion initiated by the Russian MP in the APKi, Kosachev, even though it is not a fact-finding report or investigation, raises claims of inhuman treatment of persons and illegal trafficking of human organs allegedly carried out by members and KLA leaders against Serbian citizens, Kosovo and the other Roma community of Kosovo on Albanian territory, more specifically in northern Albania: Kukes, Burrel, Belpe, Cahan and Fushe Kruje, in the post-war period in Kosovo, mainly after June 1999, and served as a document on which recommendations were based on the Resolution 1782 (2011) of the APKE, addressed the Council of Europe member states, the European Union and international organisations, Kosovo, Serbia, and on which a series of constitutional and/or legal and regulatory initiatives were held, as well as in Kosovo, Albania and the European Union (EULEX), as described in this statement:

4. Praising Kosovo's decision to have the political will, even though some of those who voted were accused of alleged crimes in Dick Marty's report, to adopt the constitutional amendment in August 2015 that predicted the creation of specialised chamber for prosecution claims concerning what is alleged in the Dick Marty Report, and was also an investigation by the European Union's Special Task Task Force, established under the European Union's 2011 Political and Security Committee's decision on some changes to the EULEX operation, following the EULEX Relusion 17211)

5. Bringing attention to the Kosovo political class's action on the constitutional amendment to August 24th 2015, the APKiE in Resolution 2094 (2016) “The situation in Kosovo and the role of the Council of Europe”, which at point 3, says: “The Assembly welcomes the Kosovo Parliament's adoption of constitutional amendments which opened the way to the creation of specialised rooms for prosecution of cases investigated by the Special Tax Force, as continuing the Resolution of Assembly 1782 (2011) for investigating claims on inhumane treatment of persons and illegal trafficking of human organs in Kosovo. The assembly views this decision as a step toward reconciliation and a sign of the willingness of power to fight impunity. ”;

6. Praising and recalling also that in the implementation of the constitutional amendment, as well as Law No. 04/L -274 “For ratification of the international agreement between the Republic of Kosovo and the European Union on the European Union's mission of rule of law in Kosovo”, Kosovo's Assembly adopted and Law No. 05L -053 “for Specialised Chambers and Specialised Prosecutor's Office”, giving jurisdiction to these independent and temporary bodies, part of the Kosovo justice system, in which there are no Kosovar citizens, to investigate and exercise criminal prosecution for alleged crimes reported in the Dick Marty Report, and who have been the subject of criminal investigations conducted by the European Union's Special Health Task Force;

7. Underscoring that neither the Special Investigative Taskforca of the European Union, led by Clinton Wilson, authorised in 2011 for a full criminal investigation into charges of killing persons with the intent to extract and sell their organs, never found evidence and evidence in support of claims in Dick Marty's report;

8. Noting that even the Specialised Prosecutor's Office, which was created to investigate and prosecute individuals for alleged crimes in Dick Marty's report, in none of its investigations, and in any of the charges that were filed against former KLA leaders in 2020, makes mention of any case to be linked to human organ trafficking;

9. Stressing Albania's willingness and will to co-operate without reservation with all international institutions in order to give a final answer to claims in Dick Marty's report and to go to the end of this process, to close the chapter once and for all that alleged crimes have not been committed in Albania, such as those mentioned in the Dick Marty Report, as well as underlining Albania's effective assistance and co-operation with every fact or investigation mission of the United Nations, the Council of Europe, have, EULEX the European Union or other that have had an interest in conducting investigations and especially in implementing recommendations of the APKIE Resolution 1782 (2011), even before the Specialised Chambers or Special Prosecutor's Office in Kosovo was established;

10. Noting that the expression of Albania's will to co-operate in the interest of justice and the dawning of the alleged crimes in Dick Marty's report is also the adoption by Albania's Assembly of the No.53/2012 “for jurisdictional relations in criminal matters with the EULEX Special Investigative Task Force”, which authorises the competent authorities of the Republic of Albania to provide the Special Health Task Force of the European Union and relevant assistance requested;

11. Recalling that approval of the No.53/2012 Law by Albania's Assembly has been assessed in the APKiE Report, (Doc. 13586), September 2nd 2014 “Respecting obligations and commitments from Albania”, where at www.5 “the perception of the Assembly's report on inhuman treatment of persons and illegal trafficking of human organs in Kosovo”, paragraph 129, it is expressed: “We welcome the fact that Albanian authorities have offered a full and unhindered co-operation to EULEX investigators for these alleged crimes on Albanian territory. Considering it of great importance that the claims raised in this report be fully and transparently investigated, Albania's Assembly adopted the “Law for jurisdictional relations in criminal cases with the EULEX Special Investigations Unit” in May 2012. Given this law, EULEX prosecutors are allowed to investigate within Albanian territory on Albania's alleged implications in the illegal trafficking of human organs on Albanian territory. They have had the full support of all competent institutions. Regarding the independent and separate investigation by Albanian authorities, as requested by the Parliament, authorities declared their investigations so far have not confirmed Marty's findings. ”;

Twelve. Stressing that after the introduction of Law No.53/2012, Albanian authorities co-operated closely with the European Union's Special Investigative Task Force and specialised organs in Kosovo, providing all the assistance, necessary assistance, required information, as well as the performing of relevant actions in connection with them, with the aim of clarifying the truth on claims in Dick Marty's report;

13. Consuming that from the entry into force of Law No.53/2012 to today, none of the specialised organs in Kosovo or international organisations have raised any claim for the Albanian authorities' lack of co-operation in this process;

14. Stressing the seriousness and accountability of Albania's Assembly to exercise parliamentary control for the implementation of APKE Resolution 1782 (2011) and Law No.53/2012 by Albanian authorities through the establishment of a Special Commission for the realisation of this parliamentary post with Albania's Assembly decision No. 72/2020, who failed to complete his activity due to the completion of the IX Parliament's IX legislature (2017-2021), but managed to obtain information and full reports proving that the Albanian authorities' readiness has been effective and these authorities have responded in time and constructively to the demands of foreign authorities for co-operation, assistance, assistance and concrete actions according to the provisions of the No.53/2012 Law, thus meeting the recommendations and recommendations of Resolution 1782 (2011) for Albania;

15. Consuming that from the acts, evidence, reports and information the Special Commission collected at the decision of the No.72/2020 Assembly, there is no fact or evidence to verify claims filed in Dick Marty's report on the murder of persons with the intent to extract and sell their organs and illegal trafficking of human organs in Kosovo and/or Albania;

16. Stressing that Dick Marty, after visits he conducted to both Kosovo and Albania, has never presented any evidence to prove alleged crimes committed in connection with trafficking human organs, as he claims in his report;

17. Because of this, even more than a decade after Resolution 1782 (2011) of the APKiE, it turns out that none of the missions and/or investigations into domestic or international justice bodies have found any evidence to verify claims filed in Dick Marty's report on attempted illegal trafficking of human organs in Kosovo and/or Albania;

18. Respecting and not interfering in any investigation or trial procedure against specific persons, the leaders of the KLA war and being committed to full implementation of the recommendations of the APKiE Resolutions as Council of Europe member;

Nineteen. Sharing the same thought with Dick Marty, where he says in his report: “Truth and accountability are absolute needs if there should be lasting reconciliation and stability in the region”;

20. Praising the legitimacy of the KLA's heroic war for the liberation of the country and being convinced that despite no parallels can be established between inhuman massacres, ethnic cleansings, deportations, murders, rapes, plunder and war crimes, by leaders and members of the official Serbian war machine and its paramilitaries during the war in Kosovo, on one hand, and the integrity of the KLA's just cause in response to the life and freedom of the people in Kosovo, on the other hand, any suspicion of crimes should be cleared by the law enforcement agencies according to the legal process, but the process will have to end, with the purpose of once having peoples to live together in the wounds of the past; on the other hand, any suspicion of life.

Assembly of the Republic of Albania

-Constased that, after more than ten years of deep investigation by the EU Special Security Force and its successor, the Special Prosecutor's Office, claims filed in Dick Marty's Report on the purpose of extracting and selling their organs and illegal trafficking of human organs in Albania and/or in Kosovo, included in APKI's Resolution 1780211), chapters 1 and 4, remain unexplored, untested and unexposed in evidence and, as a consequence for such as all international institutions, should be considered.

- Praises the authorities of the Republic of Kosovo, which, in accordance with the expected requirements at Resolution 1782 (2011) of the APKE, have co-operated unreservedly with EULEX and any other judicial body mandated to conduct the following investigations, as well as under any other procedure intended to reveal the truth.

- Hello to the Kosovo authorities, who, in accordance with an international agreement and the August 24th Constitutional Amendment, 2015 approved the establishment of Kosovo Specialised Chambers and Specialised Prosecutor's Office, an integral part of the Republic of Kosovo's judicial system and temporary nature, with the main aim of investigating and/or judging the crimes alleged in Dick Marty's report.

-It calls on the Parliamentary Assembly of the Council of Europe to implement the following report (found up report) and, as a result, a review of Resolution 1782 (2011), re-evaluating claims for illegal trafficking of human organs in Albania and/or in Kosovo, in light of developments that have occurred during this decade, facts, evidence and updated information, as well as in the engagement, readiness and full co-operation of Albania and Kosovo in the service of truth and justice.

-It urges the Albanian government to remain fully committed to assisting justice and identifying responsibility for all crimes committed in the former Yugoslavia and reiterates its call for all concerned to co-operate with the International Mechanism to carry out the remaining functions of criminal courts (IRMCT), within its jurisdiction.

- He opens up the steadfast will to help justice and supports every attempt intended to reveal the truth.