Ombudsman for Thaci's case: Special Court Acted Versus Human Dignity and Rights

Thaci was twice refused to come to Kosovo even when his father was in serious health condition, while there is still no answer to the request he made to come to the funeral.

In an answer to the newspaper <x0 Nationale>”, the ombudsman in Kosovo has stated that in cases when the accused lose family members, they should be guaranteed the right to attend the mortore 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”.

“also, the dignity of the detainees must be protected at any stage of the process, including the conditions of maintaining and treating them by authorities. Any form of inhuman or degrading treatment is unacceptable and constitutes violations of basic human rights”, Celay said.

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

The ongoing people's “has expressed concern about 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”.

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, re-emphasise the importance of respecting the principle of presuming innocence, under which no accused person should be treated guilty before a court-cut decision”, he said.

Since former KLA leaders have been in custody for four and a half years, lawyer Celaj has said that the excess extension of this measure should not be used as pressure or punishment.

“Parading should only be used as a last resort and should not be transformed into an early punishment form. Moreover, the length of the detention further violates all these rights and distorts the purpose of this provision, which should serve only to ensure the procedure and not be used as a form of secret condemnation. Therefore, courts should ensure that any detention measures are reviewed regularly and not used as a tool of pressure or punishment”, Celaj has said.

The ombudsman, long ago paid a visit to The Hague, and on his return, had recorded many problems in terms of human rights, and the form of treatment at the Special Court.