The Kosovo Specialist Chambers have described as inaccurate some interpretations of the report by the Human Rights Committee of the Bar of England and Wales, which was prepared at the request of the Kosovo Ombudsperson Institution.
In a statement published today on its official website, it is said that the report does not conclude that any of the judges’ decisions at the Specialist Chambers violated the human rights of the accused.
“Likewise, the report does not conclude that the jurisprudence of the Specialist Chambers violates or is in conflict with the jurisprudence of the European Court of Human Rights. The report of the Human Rights Committee of the Bar of England and Wales also does not establish any violations of human rights conventions in decisions related to detention,” the statement reads.
More than a week ago, Ombudsperson Naim Qelaj presented the preliminary report of the organization “Bar Human Rights Committee of England and Wales” regarding the functioning of the Specialist Chambers in The Hague.
According to Qelaj, the report found serious concerns. He stated that the document, among other things, concludes that the mandate of the Special Court has deviated from its original purpose.
The report was drafted by the Human Rights Committee of the Bar of England and Wales based in the United Kingdom, with British experts engaged at the request of the Ombudsperson Institution, following concerns about non-compliance with human rights standards.
The statement further says that the Kosovo Specialist Chambers (KSC) are an independent judicial institution and that neither the Kosovo Ombudsperson nor the Human Rights Committee of the Bar of England and Wales have the right to submit filings to the Specialist Chambers.
The Chambers further assess that some interpretations of the report made by the Kosovo Ombudsperson are inconsistent with the report itself, do not accurately reflect its content and conclusions, and therefore create a false image of the Specialist Chambers.
It is also noted that several aspects raised by the Ombudsperson, discussed in the report of the Human Rights Committee of the Bar of England and Wales, are largely repetitions of arguments presented by the Defence before the judges of the Specialist Chambers.
On the other hand, the report, according to them, does not equally reflect the corresponding arguments presented by the Prosecution or the Victims’ Counsel.
“In particular, the report of the Human Rights Committee of the Bar of England and Wales acknowledges that the accused at the Specialist Chambers have legal remedies available to them, and that a number of aspects are currently subject to legal challenges and may be reviewed on appeal,” the statement concludes.
