Kadri Osaj: The law on Specialist Chambers should be reviewed for constitutional issues and international oversight

Lawyer Kadri Osaj has assessed that the initiative of the Democratic Party of Kosovo (PDK) to amend and supplement the law on Specialist Chambers should be analyzed from several angles. According to him, the review should take into account the current circumstances and the way cases are being handled at this court.

Osaj said that gaps in the laws can be corrected, but he expressed concerns about the draft legislation’s compliance with legal and constitutional aspects.

He stated that the draft legislation affects the constitutional amendment, emphasizing that the issue presents a legal and constitutional problem and could also create difficulties with international partners. According to him, there is an opportunity to intervene and amend the law.

The lawyer claimed that cases have been identified in judicial practice in which standards established by law were violated. For this reason, he called for the systematic vetting of people involved in the Specialist Chambers’ proceedings.

According to Osaj, the law requires that the standards incorporated into the justice system not be undermined, but these standards, as he said, have been violated in judicial practice. He described regular oversight of the people involved in this court as necessary.

Another issue he raised concerns the age of the Specialist Chambers’ judges. Osaj claimed that some of them have reached retirement age and, consequently, do not meet the legal requirements to continue in office.

He stressed that there is a legal gap concerning the provisions that define the conditions for exercising the office of judge and that, therefore, efforts should be made to amend the law.

Osaj also called for a review of the international and domestic oversight mechanisms. He assessed that the international system should operate with the presence of local representatives, since, according to his claim, the standards have been undermined.

The lawyer also alleged violations of the rights of accused persons during questioning. According to him, the legal requirements for the presence of defense counsel were not respected.

He said that for criminal offenses punishable by more than 10 years in prison, the presence of a lawyer is mandatory and that this right has been violated.

In conclusion, Osaj underscored that accountability should be included in a functional oversight mechanism for the Specialist Chambers. According to him, the issues raised should be examined during the process of possible legal amendments.