The Specialist Chambers has noted in recent media coverage certain inaccurate characterisations of a report on the Kosovo Specialist Chambers. This report was prepared by the Bar Human Rights Committee of England and Wales (BHRC) and commissioned by the Office of the Kosovo Ombudsperson. The Specialist Chambers considers it necessary to make the following clarifications.
The Kosovo Specialist Chambers (KSC) is an independent judicial institution. Neither the Kosovo Ombudsperson nor the BHRC have standing before the Specialist Chambers. Article 162 of the Kosovo Constitution provides that the organisation, functioning and jurisdiction of the Specialist Chambers and Specialist Prosecutor’s Office shall be regulated by this Article and by a specific law, namely the Law on Specialist Chambers and Specialist Prosecutor’s Office (Law). Article 162 (11) of the Kosovo Constitution also provides for a separate Ombudsperson of the Specialist Chambers, with exclusive responsibility for the Specialist Chambers and the Specialist Prosecutor’s Office. In addition, the Law provides that the International Committee of the Red Cross shall monitor and inspect the detention facilities to ensure compliance with the highest international standards.
In view of this constitutional framework, the BHRC Report commissioned by the Ombudsperson does not affect and will not affect the Specialist Chambers’ judicial work.
Further, the Specialist Chambers considers that certain characterisations of the BHRC Report made by the Kosovo Ombudsperson are inconsistent with and do not accurately represent the content and conclusions of the Report and thus create a misleading picture of the Specialist Chambers. Contrary to the Kosovo Ombudsperson’s public statements, the BHRC Report does not find that any of the decisions of Specialist Chambers’ judges have violated the human rights of any accused. Nor does the Report conclude that the jurisprudence of the Specialist Chambers violates or is inconsistent with the case law of the European Court of Human Rights. The BHRC Report likewise does not find that decisions on pre-trial detention have breached any human rights convention.
It is also noted that several issues raised by the Kosovo Ombudsperson, which were discussed in the BHRC Report, largely mirror arguments advanced by the Defence before the Judges of the Specialist Chambers. The report does not, however, equally reflect on the corresponding arguments made by the Prosecution or Victims’ Counsel. Notably, the BHRC Report acknowledged that judicial remedies are available to the accused before the Specialist Chambers and recognises that several matters remain subject to ongoing litigation and may be reviewed on appeal.
Lastly, the Specialist Chambers recalls the distinct roles of the different participants in its proceedings: the Defence represents and protects the interests of the accused; Victims’ Counsel represents and protects the interests of participating victims; the Prosecution bears the burden of proving the charges it has brought; and the Trial Panel alone assesses the evidence, determines the facts of the case and finally decides whether guilt has been established beyond a reasonable doubt. These decisions are subject to appeal. An objective and accurate understanding and presentation of the work of the Specialist Chambers therefore requires careful attention to the full reasoning set out in the judges’ decisions, and not solely to the positions advanced by one party.