Special criticism for nontransparent, Haxhi: We have addressed the chairman's request for monitoring

Last year, this court has pronounced its first sentence under war crimes charges, and another for obstructing justice administration. While there are two cases which are still waiting to begin the trial phase.

Justice Minister Albulen Haxhiu raised the need for a monitoring mechanism and says such a request was made at Parliament Speaker Glauk Konjufca.

It's true that we've discussed a new international additional mechanism, which will do monitoring the implementation of human rights, because that's what it can do, it can't be done, and we've addressed this request even of the Speaker of the Assembly, according to information I have, are already discussing a professional body that deals with human rights aspects, because there's no one that ever had, that didn't have another institution to monitor, that's the UN Tribunal has had, but there's no special Court, the Haxhiu adds.

In custody, under war crimes claim, Hashim Thaci, Kadri Veselin, Jakup Krasniqi, Rexhep Selimi and Peter Shala are being held in The Hague.

Editorships in the indictment, delays in extracting material and poor translations, have violated their rights according to the ombudsman, Naim Qelaj.

And what I've come to understand from inmates and contacts that I've had with them, and which is of concern to me, are some, the first is lack of arms equality, we can see that a court process that doesn't apply this principle does not guarantee fair and impartial process, in the concrete case this first is not respected, at least not until now, has come as a result of late trial, with limited delay of access to these trials and materials that have been prosecuted in this court, and in the way that evidence has been prosecuted or other evidence in court. The editorship of the indictment, the editing of materials affects another, which is the right to be given all the materials to understand what he is being accused of and under which”, says the ombudsman.

While keeping in custody for more than two years, Celaj considers procrastinating procedures without any criteria.

For the justice minister, concern at the Special Court remains the aspect of human rights, which, according to her, should be treated with the greatest seriousness.

And what I've considered is the aspect of human rights that should be treated with the greatest seriousness because I am convinced that the Ombudsman (in The Hague) is actually a parallel lawyer, that he's not doing the duty that's responsible, because there's very little staff there, that he doesn't give us any information in relation to the cases he's been handling, I don't want to understand something that's not up to me but not to give us information if there's ever been a violation, any human rights case, even the same information for the Kosovo Republic's lawyer has been given. I think this is a serious problem”, says Justice Minister.

Even conferences on the performance of preliminary cases have been characterised with systematic complaints that the defense of the accused has advanced and related to editing, which they consider excessive.

During 2022, also heard what is considered one of the biggest accusations in the direction of the prosecution, where former President Hashim Thaci's defence said the Specialised Prosecutor's Office has kept egregatory evidence hidden.

There is no doubt that if these wests of Thaci's defense were true, we are dealing with flagrant violations of the defendants' rights, since the prosecution, in the moment of knowledge, in possession or control, in any evidence, whether guilty or guilty, should announce the defence and court... These claims filed by Mr. Thaci's defence should be clarified for public opinion by the court in order to convince public opinion that the judgments being held there are defending all the rights of the accused and are being conducted in fair, independent and impartial form. The Specialised Prosecutor's Office does not dare to rely on witnesses who can fabricate evidence, whether material or personal, and such evidence cannot be managed in a judicial process and can't become literal management of the judicial process if such a” happens, says Medina Kadriu from the Kosovo Institute for Justice.

Also, it was Kadri Wessel's defense that made a parachute claiming that a SPS witness had withdrawn from his statement, saying he had lied after being driven by an informant who has regular contact with the prosecution.

File to Hashim Thaci, Kadri Veselini, Jakup Krasniqi and Rexhep Selimi, has been passed to the court, but there is still no decision when the trial will begin against them.

Also awaiting the start of the trial is Peter Shala.

And during 2022, the first case of war crimes was completed. The indictment was announced in December last year, against Salih Mustaf, who was sentenced to 26 people in prison.

It is the first sentence under the war crimes claim to have been declared by this court, after seven years of founding.

While another guilty trial has been declared against the former heads of the KLA War Veterans Organisation, who are accused of obstructing justice management.

This case has also been prosecuted at the Court of Appeals, but there is still no decision by this body, over the complaint filed by the defence of Hysni Gucatt and Nasim Haradinaj.

“As far as the judgments are concerned, we have the former Hague Tribunal, which eight years after its establishment has ended 32 cases on the first scale, without including cases that have turned into retrial and yet solved them. And we have the case of Kosovo's Specialised Chambers, which after seven years gave the first war crimes case, while almost six years from the establishment has already begun two judgments, so there is no doubt an emormic difference in the enterprise of action between these two courts that can be translated into non-ficiates. Also, I should mention here the fact that states have not been obliged at that time to respond to demands or to co-operate with the former Hague Reform, those in their work are dependent on the will of states”, estimates Medina Kadriu, who monitors the work of this court.

On the other hand, the Law for Specialised Chambers of Kosovo obliges our institutions to respond to requests and co-operate with the tribunal, the Special Prosecutor's Office, as well as lawyers.

During 2022, no new charges were filed, at least not officially confirmed by the Specialised Prosecutor's Office in The Hague.

The Special Court, which is headquartered in The Hague of the Netherlands, was founded in 2015 by the Kosovo Assembly.