Kosovo’s Ombudsperson, Naim Qelaj, has strongly criticized the ongoing judicial process at the Kosovo Specialist Chambers in The Hague, labeling it as lacking transparency and failing to meet the standards of the European Court of Human Rights (ECHR). Speaking to Ekonomia Online, Qelaj said the prolonged pretrial detention of the former KLA leaders is unacceptable and raises serious concerns about fairness and due process.
He emphasized that local institutions should be playing a more active role in monitoring the proceedings to ensure that international legal standards for a fair and impartial trial are being upheld.
“It’s been five years since this court began operating. I believe there are many questions as to whether the standards for a fair and impartial trial are truly being respected. There has been a lack of transparency from the court in addressing the concerns of the public. These are complex, sensitive matters, and I believe our institutions should have done more to oversee the process and ensure those standards are being met,” Qelaj stated.
One of the Ombudsperson’s primary concerns is the extended pretrial detention of the accused, which he said undermines the right to defend oneself in liberty and contradicts the principles set forth by the ECHR.
“The very fact that pretrial detention has lasted this long clearly violates the standards of the European Court of Human Rights. It infringes on the defendants’ right to be defended while free. On the other hand, it also places domestic institutions in a difficult position, casting doubt on their capacity to guarantee alternative forms of release,” he added.
Qelaj further revealed that he has expressed interest in visiting the detainees in The Hague, attending some court sessions, and meeting with the court’s representatives, including the Ombudsperson of the Specialist Chambers and the Victims’ Counsel, to gain clearer insight into the process.
“I’ve expressed my willingness to visit the detainees, to monitor some sessions—time and access permitting—and to meet with court officials, the Ombudsperson there, and the Victims’ Counsel. That way, I can get a clearer picture of what’s going on and provide the public with informed statements addressing the concerns that have been raised,” Qelaj concluded.
