Today the President of the Specialist Chambers, Judge Ekaterina Trendafilova, referred the Rules of Procedure and Evidence to the Specialist Chamber of the Constitutional Court, after they have been revised by the Plenary of Judges in May.
This referral comes after nine out of 208 rules have been subject to revision following the Judgement issued by the Specialist Chamber of the Constitutional Court on 26 April 2017.
Rules 19, 31, 32, 33, 35, 36, 38, 54 and 158, as revised, incorporate the findings of the Specialist Chambers of the Constitutional Court with regard to their compatibility with the highest standards of human rights and in conformity with the Constitution of Kosovo. These rules deal with the absence of Judges and continuation of proceedings, investigative measures undertaken by the Specialist Prosecutor, review of detention on remand, and release of persons acquitted by a Trial Panel.
The Specialist Chamber of the Constitutional Court will now have up to 30 days to review the Rules in order to ensure their compliance with Chapter II, including Article 55, of the Constitution, which safeguards fundamental rights. If confirmed, the Rules will enter into force seven days after the decision of the Specialist Chamber of the Constitutional Court. At that stage, the Specialist Chambers will be fully judicially operational and ready to conduct judicial proceedings.
The Referral is available to the public on the website of the Specialist Chambers (currently in English only).