Changes to the law on the Specialist Chambers: Jurisdiction, sentences and imprisonment

Following the first-instance judgment against Hashim Thaçi, Kadri Veseli, Jakup Krasniqi and Rexhep Selimi, the law governing the functioning of the Specialist Chambers returned to the center of public debate in Kosovo.

After three weeks of discussions and protests, Kosovo’s Assembly approved amendments to the law on Tuesday, in its second reading and by a majority of votes.

The amendments do not abolish the Specialist Chambers, but affect several of the main pillars of their functioning, including jurisdiction, the time period covered, the length of sentences, the place of imprisonment and the handling of cases that may no longer fall within their jurisdiction.

Under the amended law, the jurisdiction of the Specialist Chambers is intended to be linked more directly to the allegations in Dick Marty’s report concerning the removal, abduction and illegal trafficking of human organs, tissues or cells. These allegations were among the reasons for the court’s creation, but were not mentioned later during the judicial proceedings.

Another change concerns the period covered by the Specialist Chambers’ temporal jurisdiction.

The period previously defined as running from January 1998 to December 2000 is replaced by the interval from July 1, 1999, to December 31, 2000. This means that events occurring before July 1, 1999, would no longer fall within the temporal jurisdiction of the Specialist Chambers.

Changes have also been made regarding sentences. Hashim Thaçi and Jakup Krasniqi were sentenced to 25 years in prison each, while Kadri Veseli was sentenced to 18 years. However, Article 44, paragraph 1, of Law No. 05/L-053 limits the maximum sentence that may be imposed by the Specialist Chambers to 15 years in prison, which would result in the immediate reduction of their sentences.

The new law also provides that people convicted by the Specialist Chambers may serve their sentences in Kosovo’s correctional institutions. If the judgment is upheld on appeal, they would return to Kosovo to serve the remainder of their sentences.

Meanwhile, under Article 51, persons with a final judgment may become subject to an individual pardon by the President of the Republic of Kosovo, in accordance with the relevant procedures.

The judicial proceedings against the former leaders of the Kosovo Liberation Army are expected to continue at the Court of Appeals.

However, if, after the conclusion of the appeal proceedings, a case is no longer within the jurisdiction of the Specialist Chambers, it would be transferred to Kosovo’s justice system. Other legal remedies would be reviewed by Kosovo’s courts, including the Supreme Court.

Thus, if the Appeals Court does not change the judgment against Thaçi and the others and the case proceeds to the third instance, it would no longer be handled in The Hague, but by Kosovo’s Supreme Court.

RTK requested a position from the Specialist Prosecutor’s Office in The Hague regarding the approved amendments to the law regulating its work and that of the Specialist Chambers. The institution’s response was brief.

“Thank you for your communication. However, the Specialist Prosecutor’s Office has no comment,” the Specialist Prosecutor’s Office in The Hague said in its response.

Questions concerning the matter were also sent to the Specialist Chambers.

“At this time, we have no comment. The Specialist Chambers are entirely focused on fulfilling their mandate to ensure fair, impartial and secure judicial proceedings, as well as to guarantee the protection of witnesses and victims,” their response said.

Currently, Hashim Thaçi, Kadri Veseli, Jakup Krasniqi, Rexhep Selimi, Pjetër Shala and Salih Mustafa are in The Hague with convictions.