Former KLA soldier's arrest in Tirana, Miftaraj says Albania could reject special extradition request

Kosovo Institute for Justice Director (IKD) Ehat Miftaraj, told the Online Economy, that the Special Court has no jurisdiction in Albania's territory, and as such, approval is required by Albania's Justice Minister for extradition of former Kosovo Liberation Army soldier Dritan Diftj. He was arrested days ago in Tirana.

According to the report, Mosty was arrested on the basis of an arrest warrant for criminal acts against justice administration, including intimidation and obstruction of official persons in carrying out duties.

Although it has the right to issue international warrants on countries that recognise the Special Court, Miftaraj says it remains in the political will of those states if they want to respect the Special Court's decision.

The Specialised Chambers Law largely has jurisdiction for the territory of Kosovo, meaning it is binding for Kosovo territory. While other states which in some form have recognised the Special Court remain in the political will of those states if they want to recognise and respect the decisions of the Special Court. It remains the will of Albania's justice minister if the same will approve the case for extradition to The Hague. The special court under the law has the right to issue international warrants, always on behalf of the Republic of Kosovo to issue calls for temporary arrest, pending extradition to The Hague, but now remaining to the minister of justice's political will in Albania if it is to extradite the same to The Hague”, Miftaraj says.

Speaking of the eight-year work of Specialised Chambers in The Hague, Miftaraj predicts protracted duration of the process. He is sceptical that the battle of former KLA leaders with The Hague justice could end within four years.

Kosovo's “Institute for Justice (IKD) systematically monitors the work of the Special Court and currently all hearings which are public for all accused who are under way. Unfortunately, this Court is facing a very low pace of efficiency, we are seeing that the judicial process will be prolonged. If we take on the basis of the main case involving former President Thaci and others, this case will apparently take three or four years to reach a first-degree epilogue. We always talk if you go on at the same pace and if something unpredictable happens during this process”, Miftaraj says.

In addition to delays in decision-making, Miftaraj reiterates the fact that the basis of the indictment is not the claims of former Senator Dick Marty, for trafficking with human beings, EO reports.

“If we read Senator Dick Marty's report and what was adopted in the Council of Europe, the main charge that in a certain sense sparked the mission of asmblists in the Council of Europe has been charges of trafficking with human organs. This has obviously been a very serious charge, which in some way if you are a senator in the EC, certainly wants to clarify these circumstances as it could have happened in Kosovo, but also in Albania, as have Dick Martyt” claims, Miftaraj says.