Ombudsman: Special Court ignored us with contemptuous tendencies when we invited him to present the British report with full concern

Following the announcement of the Specialised Chambers that the act against Hashim Thaci, Kadri Veselin, Jakup Krasniqi and Rexhep Selimi will be announced on September 16th, at 10:00, Jakaj says postponing the decision poses no problem in itself, but that the court's reasoning and continued detention raise serious concerns.

Kosovo's ombudsman, Naim Qeyaj, has told Kosovo Press that postponing the proclamation of judgment has been expected, taking into account the circumstances under which the judicial process has been conducted. However, he has stressed that concern remains the court's reasoning about the volume of evidence and documents, as well as continuing the detention of the accused in this phase of the process.

The “under the circumstances under which the judicial process itself was conducted, for me it has been expected to postpone the decision. It seems to be final now because the time has been set. Postponing the verdict does not present any problems, but concern remains the reasons given by the court in what is well-equipped, there are many documents to be considered until decision-making. I think the process of examining and analyzing them was completed during the testing procedure. And the second aspect of concern is related to continuing detention at this stage, because there is no reason now, and most of the reasons why detention has been established do not exist. The possibility of intervention in witnesses does not exist because witnesses have already carried out the witnessing process. The impact on the evidence cannot be because the evidence is in court. And, considering the length of detention, of course it's one of the main concerns I have as ombudsman”, says Qelaj.

Celaj has said his concerns over the functioning of Specialised Chambers have been submitted since 2021, following his first visit to the institution. According to him, these concerns have also been presented to President of Specialised Chambers Ekaterina Trendafilova, during a meeting in Kosovo, even through letters, but has not received answers.

Our concerns regarding the functioning of this court have come since 2021, when I first paid a visit to the Court. I have had a meeting in May with the president of the Court, Trendafilova, who has been on a visit to Kosovo and at the meeting I had with him, I have presented the concerns that I had until then recorded as public concerns. I haven't got an answer. This has prompted me to pay a second visit to The Hague to meet the tribunal's representatives, victims' defenders, the protection of the accused himself. And from this visit, then these things that I've only had as concerns, I've been overly disturbed. As a result, I have sent a letter to the president of the Court, in which I explained to him what we discussed at the meeting, and other concerns for which I have not received response”, says Celaj.

Due to the court's lack of response, Celay has said he has committed an independent international human rights organisation, headquartered in London, which has drafted a report on the concerns raised.

“In the absence of an answer, I have been forced to adjourn an independent international human rights organisation, headquartered in London, England and Wales's Oda Human Rights Committee, a highly prestigious international organisation known for its professionalism and work. They have drawn up a report on the basis of my request, which has legitimised the concerns I had raised, but even beyond that has presented other concerns, which both courts and member states have announced that support and finance this court... From the report it turns out that they've been addressed to the Court, it's not like they've received”, he says.

He has indicated that a meeting at The Hague last month has been held with diplomatic missions of the accredited countries in the Netherlands, where the findings of the report have been presented. Jakaj has said that the court was invited to this meeting, but has not attended or returned.

About the report, the ombudsman has said that Kosovo should create monitoring mechanisms at The Hague in order to have a more detailed analysis of the whole process so that human rights are not violated.

I in the past month have held a meeting at The Hague, where we have invited diplomatic missions of the accredited countries in the Netherlands, to report. We have invited the Court, the Court has not attended, has not replied, in fact ignored us, in some way has expressed a disregard for our demands. But the important thing is that countries that have participated in this meeting have been informed of the report's findings, have been informed of these concerns. The report, drafted by English authors, highlights two very important recommendations coming to the authorities of the Republic of Kosovo. One of them, which is most important, is the fact that Kosovo must take responsibility to create the monitoring mechanisms of this court in order to have a more detailed analysis of the entire process of not allowing human rights in any case to be violated, he points out.

We recall that the Judicial Chamber had deadlines until May 19th to announce the verdict. Then, calling into the complexity of the case, he decided to postpone the deadline until July 20, 2026, while now set September 16th for the declaration of the act of judgment.

Thaci, Veselin, Krasniqi and Selimi are accused of acts of murder, torture and persecution, allegedly committed during 1998-1999, during the last war in Kosovo.

All four have denied the charges and have been declared innocent. The Act includes about 155 victims.

Prosecutors have demanded that the accused be convicted and each be sentenced to 45 years in prison for alleged crimes.

Over 130 witnesses have testified in this process, while 160 other witnesses' statements have been written. The trial against them has ended in February, while Thaci, Veselin, Krasniqi and Selimi have been held in custody in The Hague since their arrest in 2020.