The Ombudsman, Naim Qelaj, has sent a letter to the funding states of the Kosovo Specialist Chambers, through which he has also forwarded the report "Preliminary Assessment of the Kosovo Specialist Chambers" and has presented his concerns, based on the findings of this report.
This letter, conveyed through diplomatic channels, was sent to the US Secretary of State, Marco Rubio, as well as the US Department of Justice.
The information letter has been sent to the foreign ministers of Switzerland, Norway, Turkey and Canada.
"The report has also been sent to Ursula von der Leyen, President of the European Commission, Kaja Kallas, High Representative of the EU for Foreign Affairs and Security Policy, Roberta Metsola, President of the European Parliament, Despina Chatzivassiliou-Tsovilis, Secretary General of the Parliamentary Assembly of the Council of Europe, Alain Berset, Secretary General of the Council of Europe and Michael O'Flaherty, Commissioner for Human Rights of the Council of Europe," the announcement says.
In this letter, the Ombudsman expressed concerns regarding the guarantees for a fair trial during the proceedings in the Kosovo Specialist Chambers, identified by the organization “Bar Human Rights Committee of England and Wales” (BHRC).
The Ombudsperson informed them that the Ombudsperson Institution has continuously monitored compliance with fundamental rights in the Kosovo Specialist Chambers (KSC), as well as the conditions of detainees.
He states in the letter that, as part of these efforts, he has engaged the BHRC organization to conduct an independent preliminary assessment, as a result of his serious and ongoing concerns regarding the respect for fundamental rights within the framework of the judicial proceedings at the DSK.
The report identified serious concerns regarding the protection of fundamental procedural guarantees afforded to accused persons, and in particular, the right to a fair, transparent and impartial trial. These principles constitute fundamental guarantees under international human rights law and international criminal justice.
This letter underlined that the right to a fair trial is defined in Article 14 of the International Covenant on Civil and Political Rights and in Article 6 of the European Convention on Human Rights, both directly applicable in the legal order of Kosovo through the Constitution of the Republic of Kosovo.
These provisions guarantee, inter alia, the right of every individual to a fair and public hearing by a competent, independent and impartial tribunal established by law; the presumption of innocence; adequate time and facilities for the preparation of the defence; equality of arms between the prosecution and the defence; and transparency in judicial proceedings.
These internationally recognized standards constitute essential safeguards to ensure the legitimacy and credibility of criminal proceedings conducted within international or hybrid judicial mechanisms, the letter states.
The Ombudsman stresses the importance of ensuring that the court's practices and procedures continue to fully adhere to the highest international standards of fairness, transparency and judicial independence. He added that addressing the concerns identified in the report is essential not only for the protection of the procedural rights of the accused, but also
also for maintaining the credibility and integrity of the judicial process.
The Ombudsman recalled in the letter that the Republic of Kosovo has consistently demonstrated its commitment to the principles of international justice, accountability and the rule of law.
Furthermore, it is emphasized that the Republic of Kosovo has fulfilled its international obligations by establishing the Kosovo Specialist Chambers in The Hague, through constitutional amendments and the adoption of implementing legislation by its democratic institutions.
The Ombudsman underlines Kosovo's clear and unquestionable willingness to contribute to international accountability mechanisms and to uphold the highest standards of justice.
In this letter, the Ombudsman also emphasizes that senior political representatives of Kosovo have voluntarily surrendered to the jurisdiction of the Court to face the charges brought against them.
He added that such behavior demonstrates a strong institutional commitment by the Republic of Kosovo and its political leadership to the principles of accountability, judicial cooperation and respect for international legal processes.
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