The Kosovo Specialist Chambers (KSC) in The Hague have reacted to statements and reports issued by Kosovo’s Ombudsperson concerning a report prepared by the Human Rights Committee of the Bar of England and Wales regarding the court’s judicial procedures.
KSC spokesperson Angela Griep stated that the report does not conclude that any judicial decision violated the rights of the accused, nor does it determine that the court’s jurisprudence conflicts with the practices of the European Court of Human Rights or other international tribunals, including the International Criminal Tribunal for the former Yugoslavia (ICTY).
According to the Specialist Chambers, the report also does not conclude that detention decisions violated human rights conventions.
“The report addresses the effective availability of legal remedies within the Specialist Chambers and highlights that many issues are still under judicial review and may be appealed before higher instances,” the statement said.
The KSC further argued that many concerns raised by the Ombudsperson and discussed in the report are primarily based on arguments presented by defense teams, while the positions of the prosecution, victims’ counsel, and the detailed reasoning of judicial panels are not included.
The Chambers also emphasized that the report itself acknowledges many of the legal issues discussed remain unresolved and are still under judicial consideration, with no final rulings issued yet.
Reaffirming the roles of parties in the proceedings, the KSC noted that defense teams represent the interests of the accused, victims’ counsel represents participating victims, and the prosecution is tasked with proving the charges brought forward.
“Only the trial panel determines the facts, evaluates evidence, and decides whether guilt has been proven beyond a reasonable doubt. All decisions are subject to appeal,” the statement added.
The Specialist Chambers stressed that understanding the court’s work requires careful attention to the full reasoning behind judicial decisions, rather than relying solely on claims made by one party in the proceedings.
Finally, the KSC underlined that neither Kosovo’s Ombudsperson nor the Human Rights Committee of the Bar of England and Wales are part of the Specialist Chambers, and stated that the report in question will not affect the court’s work.
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