Since its establishment, the Specialist Chambers has been subjected to misinformation regarding its independence and operations. There have also been attempts to obstruct the course of justice. This has led to convictions and admissions of guilt for witness intimidation before the Court.
The Specialist Chambers is a judicial institution with a mandate provided by an Exchange of Letters, the Kosovo Constitution and the Law on Specialist Chambers and Specialist Prosecutor’s Office. The Court is focused on ensuring secure, independent, impartial, fair and efficient criminal proceedings whilst providing for a robust protection for witnesses and victims.
Contrary to misinformation about the Court that is continually disseminated, the Specialist Chambers guarantees fair trial rights to the accused in accordance with internationally recognised standards.
The Judges appointed to the Specialist Chambers are from European Union member states and contributing states. To qualify as a Judge at the KSC, they must be persons of high moral character, impartiality and integrity who possess the qualifications in their respective states for appointment to the highest judicial offices. As their judicial oath dictates, Judges discharge their judicial duties independently, impartially and conscientiously, serving the cause of justice and the rule of law.
Judges consistently apply the international conventions referenced in the Kosovo Constitution, including the European Convention on Human Rights and its case law. Judges conduct the proceedings in a manner that protects these rights through each step of the judicial process.
The oversight of judicial decisions is carried out through the appeals process, including the KSC Appeals Panels and Supreme Court Panel. Defendants can also make referrals to the Specialist Chamber of the Constitutional Court if they believe that their rights were violated. Notably, defendants have made use of these judicial remedies, and in a number of judgments they have done so successfully.
While criticism of judicial decisions is legitimate in a democratic society, the rule of law commends that no one may dictate how judges interpret and apply the law. As an independent judicial institution, the Specialist Chambers exercises its mandate free from any political considerations, preferences, influence or interference.
The Specialist Chambers remains steadfast in its commitment to uphold the highest international standards while continuing the work entrusted to it, independently from any external pressure, with the expectation that all engaged actors will fulfil their respective obligations to ensure that the rule of law is upheld.