The Ombudsperson of Kosovo, Naim Qelaj, held a press conference today presenting a preliminary monitoring report on the work of the Kosovo Specialist Chambers, following concerns raised regarding the trial process and the detention conditions of the accused issues to which The Hague had remained silent.
Qelaj stated that the report was prepared by an independent British organization, the Bar of Human Rights Committee, selected due to its professional integrity and independence.
“The court has remained silent. In light of this lack of transparency, we engaged an independent authority to conduct a preliminary assessment of the concerns. The report is fully independent we have had no interference,” said Qelaj.
During the conference, Qelaj outlined the key findings and confirmed concerns identified in the report. As a primary issue, he highlighted restrictions on rights during pre-trial detention, including the prolonged duration of detention, the lack of real opportunities for early release, and limitations on communication with family members and legal counsel.
Regarding detention conditions, the report identifies serious concerns about the length of detention, the absence of realistic prospects for early release, and restrictions on both family and professional communication with defense teams.
The report also raises concerns about the systematic monitoring of communications. Qelaj noted that during his own visit in 2025, he was under constant surveillance, being recorded continuously by cameras, which the report considers a potential violation of the right to privacy.
Furthermore, the report highlights serious concerns regarding the lack of effective mechanisms for democratic oversight and institutional control.
On the issue of fair trial standards, the report notes that the President of the Specialist Chambers holds significant discretion in appointing judicial panels, which may affect the perception of impartiality. It also raises concerns about insufficient inter-institutional consultations and the absence of judges from Kosovo.
Qelaj also referred to problematic statements made by former Chief Prosecutor Jack Smith and by the President of the Court, suggesting that if former KLA leaders were released, they could pose a risk. These statements raise serious concerns regarding the presumption of innocence, the integrity of the judicial process, and the possibility of early release.
He emphasized that such statements were reportedly made during meetings with diplomats, without the presence of the defense.
The report further addresses the issue of evidence submitted by Serbia, pointing to a serious lack of transparency. Defense requests for disclosure and access to the origin of materials have not received public decisions, which raises additional concerns about transparency.
Finally, Qelaj stated that the report recommends the establishment of an independent monitoring mechanism to oversee judicial proceedings.
