The Special's Ombudsperson refuses to comment on violations of the rights of indictees from this institution does not even speak of Thaci's failure to allow his father to be buried

The Special's Ombudsperson refuses to comment on violations of the rights of indictees from this institution does not even speak of Thaci's failure to allow his father to be buried

The Special Court's Ombudsman, Pieter Spera, has refused to accept or deny whether this institution has violated the rights of the accused. He has stressed that his mandate envisions monitoring the administrative functioning of the Chambers, listing the possibility of complaint in cases of discontent, Periscopi broadcasts. “What I can generally say [...]

The Special Court's Ombudsman, Pieter Spera, has refused to accept or deny whether this institution has violated the rights of the accused. He has stressed that his mandate envisions monitoring the administrative functioning of the Chambers, listing the possibility of complaint in cases of discontent, broadcasts Periscope.

“What I can generally say is that Kosovo's Specialised Chambers reflect on its organisation of the justice system in Kosovo, which means that there are some institutions of complaint/apel, enabling defendants to seek revision of judges' decisions. First, it is possible to submit appeals, and then, if the appeal instance's act is not satisfactory, a complaint can be filed with the Supreme Court. In some cases, it is possible to apply to the Constitutional Court. These are safeguard clauses for the rights of indictees”, he said in an interview for RTK.

Spera has also specified procedures followed by complaints of violations of the judges' rights. He has stressed that Ombudsperson is available to accept complaints from those who believe their rights were violated by the Special Chambers Administration.

“Ombudsperson is willing to accept complaints of rights violations, but related to the Court administration and not to judicial function. When we accept the complaint, we gather information and can make decisions on the case, referring only to the administration of the”, he said.

He also stressed that there had been special protection requirements from the defendants, but that these demands have been rejected because of jurisdiction.

He stressed that it is important to explain the restriction of Ombudsperson jurisdiction and how it is in line with the protection of the defendants' rights and the independence of judges.

Spera also added that there had been a complaint of accountability from Kosovo's Specialised Chambers, but stressed that the fact that the court has independence from Kosovo's judicial system allows judges to be under a different accounting mechanism.

Regarding Hashim Thaci's failure to let go of his father's burial, Spera said the freedom protection decisions are taken by the court judges and cannot be commented. He added that this is an issue that entirely belongs to the judiciary and the appeals college for handling the appeal to that decision.

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