Kosovo Government: There are no legal obstacles to the initiative to amend the Law on Special

The Kosovo Government assessed on October 2 that there are no legal obstacles to the initiative of the Democratic Party of Kosovo (PDK) to amend the Law on Specialized Chambers and the Specialized Prosecutor's Office.

This position was included in the decision adopted in the electronic meeting of the Government, in response to the request of the Kosovo Assembly of September 23 for the assessment of the draft law.

The decision, together with the text of the Government's opinion, is sent to the Assembly.

In the announcement of the meeting, the Government said that the assessment includes compliance with European Union legislation, the budgetary impact and the legal opinion on the content of the draft law.

The decision constitutes the Government's position on the initiative, while the proposed changes have not yet been approved by the Assembly.

The initiative to change the law followed the first-instance convictions for war crimes of four former leaders of the Kosovo Liberation Army: Hashim Thaçi and Jakup Krasniqi to 25 years in prison each, Kadri Veseli to 18, and Rexhep Selimi to 13 years.

Convicted persons have the right to appeal the verdict.

What does the initiative aim to achieve?

The PDK proposes, among other things, narrowing the jurisdiction of the Specialist Chambers in The Hague and transferring to the courts and prosecution in Kosovo cases that would be considered outside this jurisdiction.

The proposals also include the possibility of appealing to the Supreme Court of Kosovo, limiting the maximum sentence to 15 years in prison, serving sentences in Kosovo, and the possibility for the president to pardon the convicted.

Kurti had stated on September 30 that his legal office was reviewing the proposal and that the response to the Assembly would be given within the week.

International commitments

Legal experts have warned Radio Free Europe that amending the law and implementing the intended changes face constitutional limitations and Kosovo's international commitments.

Ehat Miftaraj, director of the Kosovo Law Institute, said that MPs have the authority to initiate legal changes, but they cannot violate the obligations that Kosovo has undertaken for the court.

Through an exchange of letters with the European Union in 2014, Kosovo pledged, among other things, to consult with the EU on legal changes affecting the court's mandate or relevant procedures.

The Specialist Chambers have told REL that they were not consulted on the initiative.

"The Specialist Chambers are fully focused on implementing their mandate to guarantee fair, impartial and secure trials. We do not comment on political initiatives," their response states.

A day before the Government's decision, European Commission President Ursula von der Leyen, asked in Pristina about the initiative to amend the law, said that it is up to Kosovo to decide, but stressed that "it is important to guarantee the independence of the judiciary."

At the joint press conference with Kurti on October 1, she also said that the mandate of independent judicial institutions must be fully respected and that the verdict is about the individual responsibility of the defendants.

The amendment of the Law on Specialized Chambers is also one of the demands of the protesters who, under the slogan "Not in my name", have been protesting in Pristina against the sentencing of the former KLA leaders. Organizer Çlirim Haziri told REL that they are also demanding the guarantee of a supporting budget for the protection of the four convicted.

The PDK has linked the continuation of discussions on the election of the next president of Kosovo to the adoption of amendments to the Law on Specialized Chambers.

After meeting with Kurti on the evening of October 2, PDK leader Bedri Hamza said that no agreement had been reached. He reiterated that the approval of the amendments is necessary for his party and that it is then open to discussing the president.

The deadline for electing a president ends on October 6th and Kosovo risks new parliamentary elections if MPs fail to elect a head of state./ REL