The Kosovo Specialist Chambers in The Hague issued a response following concerns raised by the Office of the Ombudsman, which noted the acceptance of certain documents allegedly originating from Serbian authorities.
In their statement, the Specialist Chambers emphasized that the acceptance of documents does not indicate what weight or credibility judges will assign to them.
“FACT: A decision to admit evidence from the Prosecution or Defense is not an indicator of the weight or credibility that judges may give it, if any. This decision is made in the context of the final judgment after all evidence has been presented,” the Chambers stated on the social media platform X.
The Chambers further clarified that the judging panel evaluates each piece of evidence in the context of all evidence presented at trial.
“When assessing whether factual allegations have been proven, the panel conducts a comprehensive evaluation, considering all evidence as a whole. The rules do not permit a conviction to be based solely on the evidence of a witness whom the Defense has not had the opportunity to question,” the statement added.
The Ombudsman’s Office, led by Naim Qelaj, sent a letter to Ekaterina Trendafilova, President of the Specialist Chambers, expressing concerns about the judicial proceedings against former Kosovo Liberation Army (KLA) leaders.
Qelaj highlighted issues such as the duration of pre-trial detention, the admission of potentially unlawful documents originating from Serbia after 1999, and restrictions on communication and family visits for former KLA leaders.
He also noted the absence of local monitoring and accountability mechanisms, emphasizing the potential perception of unequal treatment under the law, and raised serious concerns regarding the selective and mono-ethnic application of the Specialist Chambers’ jurisdiction during pre-trial procedures.
The Ombudsman reaffirmed its commitment to protecting fundamental rights, upholding fair and impartial trial standards, and continuing to monitor and review proceedings on an ongoing basis.
