The Specialist Chambers recalls that Article 162(11) of the Constitution of the Republic of Kosovo unambiguously vests the Ombudsperson of the Specialist Chambers with “exclusive responsibility for the Specialist Chambers and the Specialist Prosecutor's Office”.
The Specialist Chambers refers to the invitation received to a roundtable event organized by the Kosovo Ombudsperson, Mr Naim Qelaj, on “the ex officio findings and recommendations of his institution on the Specialist Chambers and the Specialist Prosecutor’s Office”.
The Specialist Chambers wishes to communicate that it would be inappropriate to accept the invitation. First, pursuant to Article 162 (11) of the Constitution and Article 34 (9) of the Law on Specialist Chambers and Specialist Prosecutor’s Office, the Ombudsperson of the Specialist Chambers, Mr Pietro Spera, is the exclusive authority to monitor, defend and protect the fundamental rights and freedoms of persons interacting with the Specialist Chambers and the Specialist Prosecutor's Office. In addition, the International Committee of the Red Cross monitors and inspects the Specialist Chambers detention facilities to ensure compliance with the highest international standards. Mr Qelaj’s lack of responsibility towards the Specialist Chambers has been previously communicated to him and explained to the public in the statement “Specialist Chambers Corrects BHRC Report Findings”.
Second, it is recollected that the decisions, orders and judgments issued by independent and impartial Judges of the Specialist Chambers are issued in accordance with the highest standards of international and European human right’s law. Where parties disagree with judicial decisions, the parties have had at their disposal – and have made use of – the various legal avenues provided in the legal framework of the Specialist Chambers, including appeals before the Appeals Panels, the Supreme Court and the Constitutional Court of the Specialist Chambers.
The Kosovo Specialist Chambers remains focused on its mandate to guarantee the protection of fundamental rights and freedoms enshrined in the Constitution and to ensure secure, independent, fair and efficient criminal proceedings.