Kosovo’s Ombudsman, Naim Qelaj, has expressed serious concerns over the judicial process at the Hague Special Court for former Kosovo Liberation Army (KLA) leaders. He stated that Kosovo has not taken adequate steps to ensure a fair, impartial, and properly monitored trial.
Lack of Independent Oversight
Qelaj highlighted the absence of independent monitoring of the court, suggesting that oversight should come from non-political, non-institutional authorities, such as human rights institutes or civil society organizations.
“Kosovo may not have done enough, as it was necessary for this court to be monitored by an authority that is apolitical and independent,” Qelaj said, emphasizing that he raised this concern during his first visit in 2021.
Concerns About Transparency and Evidence
He noted that public concerns are reasonable, given issues with:
- Edited court sessions and documents
- Translation and language inconsistencies
- Use of dubious evidence, including materials allegedly obtained from foreign intelligence services
“Citizens of Kosovo naturally have concerns about whether this court truly respects the rights of the accused, victims, and witnesses,” Qelaj said.
Call for Council of Europe Involvement
Qelaj urged that the Council of Europe should participate in monitoring the Special Court to ensure it operates within its mandate and meets international obligations.
“It is important to verify that the court acts within the framework of its international mandate and does not exceed it. The Council of Europe should perhaps become actively involved in monitoring this process,” he said.
