The Kosovo Specialist Chambers in The Hague have initiated proceedings concerning reparations for victims in the case against Hashim Thaçi, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi.
The decision to initiate the reparations proceedings was issued on September 16 by Trial Panel Chair Judge Charles L. Smith. The proceedings concern the determination of reparations for victims. According to the decision, the Defense has until September 22 to challenge the initiation of the proceedings.
The decision to begin the process before a ruling is issued at the second-instance or Appeals Court level has sparked debate over whether victims’ compensation proceedings should have started at this stage or only after the judicial process has concluded.
Lawyer Ardian Bajraktari said that, as a general rule, proceedings for victims’ compensation should begin once a criminal judgment has become final.
According to him, as long as the judgment can still be changed on appeal, initiating the procedure at this stage is premature.
“As a rule, the process of compensating victims begins after the judgment becomes final. However, when it comes to the Specialist Chambers, anomalies and actions contrary to the law have continuously characterized the proceedings, so such a step has repeatedly been commonplace for this court. I believe that, above all, such an action and decision is premature as long as there is still no final judgment,” Bajraktari said.
According to him, the Appeals decision could also alter the basis on which the victims’ compensation proceedings are being conducted.
Former President of Kosovo’s Supreme Court, Fejzullah Hasani, interprets the issue differently. He said that proceedings concerning property and legal claims can take place alongside the criminal case and that it is not necessarily required to wait for the Appeals Court’s decision.
According to Hasani, the purpose of such a procedure is to allow victims to exercise their right to compensation within the criminal proceedings, without being required to initiate a separate civil case.
However, he left open the possibility that the Specialist Chambers, due to their internal rules and the specific nature of the proceedings, may have established a separate procedure for reparations.
Hasani emphasized that the basis for compensation is directly linked to a criminal conviction. If an accused person is acquitted or the indictment is rejected, he said, the basis for a property and legal claim would also change.
The reparations proceedings concern determining victims’ rights to compensation and assessing the damage they allege they have suffered. At this stage, the parties may present their positions and objections regarding the matter, while the final decision will depend on the course of the proceedings.
The September 16 judgment against the four former KLA leaders is a first-instance decision, and the appeals process may affect the final outcome of the case before the Appeals Court.
On September 16, the Trial Panel found all four defendants guilty of war crimes involving unlawful or arbitrary detention, cruel treatment, torture and murder, sentencing them to a combined total of 81 years in prison.
Hashim Thaçi and Jakup Krasniqi were each sentenced to 25 years, Kadri Veseli to 18 years, and Rexhep Selimi to 13 years in prison, with credit given for time already spent in detention.
