Kosovo Assembly approves changes to the Law on Specialist Chambers

With 88 votes in favor, the Kosovo Assembly approved in its second reading the draft law amending the Law on Specialist Chambers. The approval was passed with one amendment.

Lawmakers from LVV, PDK and the Alliance voted in support of the changes, while those from LDK did not participate in the vote.

The PDK initiative proposes limiting the mandate of the court based in The Hague in terms of time, territory and subject matter.

Currently, the court has jurisdiction over criminal offenses committed from January 1, 1998, to December 31, 2000. The proposed changes seek to ensure that this jurisdiction covers only offenses committed after the war, during the period from July 1, 1999, to December 31, 2000.

The draft law also defines the categories of criminal offenses that may be tried by the Specialist Chambers. According to Article 2, jurisdiction is limited to certain offenses related to the extraction, removal and unlawful trafficking of human organs, tissues or cells, expressly identified and alleged in the Report of the Parliamentary Assembly of the Council of Europe.

The provision also includes unlawful killing, torture, or cruel and inhuman treatment in the detention locations expressly mentioned in the Report, in cases where these acts were committed directly or in immediate connection with the removal of organs.

“The Specialist Chambers and the Specialist Prosecutor’s Office do not have subject-matter jurisdiction over general war crimes, crimes against humanity or political violence committed in Kosovo that do not constitute a direct and constituent element of the specific acts listed in paragraph 1 of this article,” Article 2 of the draft law states.

Article 6 stipulates that cases in proceedings that do not fall under the Specialist Chambers’ new jurisdiction, as well as confirmed indictments and trials, are to be transferred to the Special Department of the Basic Court in Pristina. Criminal complaints, investigations and prosecution files are to be forwarded to Kosovo’s Special Prosecution Office.

The draft law prepared by the PDK also provides for the return to Kosovo of people held in pretrial detention. Under the draft, the receiving authority must immediately take the necessary measures to ensure that the person appears before a competent judge within 48 hours of arriving in Kosovo. The court independently examines the legality and need for continuing the deprivation of liberty, and decides on detention or alternative measures in accordance with the Criminal Procedure Code.

Another provision establishes that the Specialist Chambers may impose prison sentences of up to 15 years. Under Article 17, persons convicted by a final judgment may receive an individual pardon from the president of Kosovo.

The PDK initiative was launched five days after the September 16 verdict against Hashim Thaçi, Kadri Veseli, Jakup Krasniqi and Rexhep Selimi, who were sentenced to a total of 81 years in prison.