Detainees have the right to adequate time and facilities for the preparation of their defence. One way this right is guaranteed is by providing Detainees with an adequate opportunity to visit and communicate with Counsel.
Visiting information for Counsel is summarized in the Information Sheet for Counsel Visits.
All Detainees are provided with reasonable means of maintaining personal relationships. In addition to telephone calls and written correspondence, they may have visits with close relatives, other family members, and persons with whom they have a pre-existing personal relationship. Special care is taken to facilitate family visits using simplified visiting procedures.
Detainees are presumed to be innocent until found guilty and are treated this way at all times. Discrimination of any kind is prohibited.
The right to legal representation before the Kosovo Specialist Chambers is fundamental to the fair trial guarantees enshrined in the Kosovo Constitution and the Law on the Kosovo Specialist Chambers and Specialist Prosecutor’s Office (‘Law’).
In order to be contracted under the legal aid system, Counsel will be required to submit certain documentation, such as documentation demonstrating that Counsel fulfils the requirements of the Directive on Counsel, a certificate that Counsel has covered all of his or her taxes and social security contributions, and proof of personal indemnity insurance.
The method for calculating the maximum legal aid fee paid to Counsel takes into account:
the stage of the proceedings and its expected duration;
the complexity level of the case;
the scope of services required; and
the maximum amount of legal aid established by the Legal Aid Regulations.
The Registrar may review a decision on legal aid on her own initiative or upon request by a suspect or accused when:
there is a change of circumstances that significantly affects the decision;
new, relevant information comes to the Registrar’s attention; or
an accused or suspect has provided false information or intentionally omitted significant information.
Suspects or accused who do not have sufficient means to pay for Counsel are entitled to legal aid. Legal aid is also provided to pay for Counsel for victims participating in the proceedings. The Legal Aid Regulations can be found here.
