Ombudsman reacts to Special Thaci: He Acted Versus Human Dignity and Rights

People's Attorney Naim Qelaj has also been declared for this refusal.

Special rejection of Thaci, he has called it human rights violations and violation of human justice's dignity.

“Within respect of fundamental rights includes the right to family life and contact with the outside world. Limiting contact with the family should be justified only in necessary cases and should not be used as a punishment tool. Especially in cases of losing a close member of the family, the detainees should be guaranteed the right to attend the mortar ceremony or to have a special family visit. Unjustified rejection of these requirements is contrary to the principles of human dignity and justice”, said Celaj, deankosova reports, broadcast Periscope.

Subsequently, when accused people lose their family members, they should be guaranteed the right to attend the mortar ceremony.

“Within respect of fundamental rights includes the right to family life and contact with the outside world. Limiting contact with the family should be justified only in necessary cases and should not be used as a punishment tool. Especially in cases of losing a close member of the family, the detainees should be guaranteed the right to attend the mortar ceremony or to have a special family visit. Unjustified rejection of these requirements is contrary to the principles of human dignity and justice”, the Ombudsman stressed.

The ombudsman stressed that throughout the time, he has raised concerns about the treatment being addressed to the accused at the Special Court.

The ongoing opposition has expressed concern over the need to ensure the dignity and human treatment of the accused and the detainees in the criminal process, especially in the Specialised Chambers. Respecting the rights of those accused in criminal procedure is a constitutional and legal obligation that must be met by all justice institutions operating in the Republic of Kosovo”, he added.

For the ombudsman, any authority of justice is obliged to respect treatment with dignity and ensure the protection of the fundamental rights of the detainees. In this context, it re-emphasises the importance of respecting the principle of presuming innocence, under which no accused person should be treated guilty before a court-cut decision”.

Since former KLA leaders have been found for more than four and a half years, Naim Celaj said that excessive length of this measure should not be used as pressure or punishment.

The implementation of these principles in practice is essential to ensuring a fair process, a dignified treatment of the accused, and a justice system that respects basic human rights”.

In the end, the ombudsman also talked about the possibility that this institution would complain to the Special about this approach.

For more, with constitutional changes and with the law on specialised rooms, the mandate of the ombudsman refers only to the mandate to counter laws before the Constitutional Court's Specialised Chamber and the mandate to offer amicus curiae thoughts, as defined under Article 34ʹ9) of this law: “In accordance with Amendment No. 24 and Article 135H4) of the Constitution, the Ombudsperson of the Specialised Chambers appointed under Article 34BAR9 of this law, as well as the Ombudsperson of the Republic of Kosovo, could refer to the Specialised Chamber of the Constitutional Court 11350x2>, the Ombudsman said.