Special Decision on Mustafa's request, lawyer: Disturbing, deliberate misuse of law

Lawyer Ardian Bajraktari has named it a source of concern, special agreement in the case of Salih Mustaf, where this court has found that there were no violations of the Constitution of Kosovo or of the European Convention for the Protection of Human Rights and Foundation Freedoms, as Mustafa had filed claims of violations of his rights and freedoms in connection with the criminal process against him in the Specialised Chambers of Kosovo.

Bajraktari wrote that the only binding law in force regarding the sentence in Special Chambers is Law No. 05L-053, for Specialised Chambers and Specialised Prosecutor's Office, which does not require juries to implement Kosovo's other laws in granting sentences for international crimes, but only to take into account those laws, broadcast Periscope.

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What has ascertained the Constitutional Court Chamber of Specialised Chambers in the case against Mr. Mustafa, it's disturbing

The court finds, respectively, only takes the basis under Article 162, paragraph 1 of the Constitution of Kosovo and stresses that “Specialised Chambers function in accordance with their legal framework, within the Kosovo legal system”.

It was also found that the only binding law in force regarding the sentence in Special Chambers is Law No. 05L-053, for Specialised Chambers and the Specialised Prosecutor's Office, which does not require judiciaries to implement Kosovo's other laws in granting sentences for international crimes, but only to take into account those laws.

However, it is Article 162's paragraph 2, which says that specialised rooms and the specialised Prosecutor's Office, which stresses that they will guarantee the rights contained in Article II of the Constitution and will in particular comply with international human rights standards guaranteed with Article 55.

This mechanism is deliberately limiting its mandate to the harm of the defendants' rights.

This is no longer law enforcement, but it is deliberate misuse of the law. This is not a professional mistake, it's more than that!

This avoidance from implementing basic principles of justice regarding guaranteed rights and freedoms with Chapter II of the Constitution, international instruments, including non-fulfillment of the more favourable law, is frightening.