Hashim Thaçi’s lawyer, Luka Misetiq, has responded to a statement by European Commissioner for Enlargement Marta Kos, who described the Kosovo Specialist Chambers as an impartial and independent judicial institution.
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According to Misetiq, the impartiality of the Specialist Court in the case against Kosovo’s former president has not yet been conclusively determined and should not be prejudged.
Marta Kos had stated that the Specialist Chambers constitute “an impartial and independent judicial body.” She stressed that the institution’s decisions must be respected, while convicted persons have the right to appeal.
The European commissioner also said that the judicial process concerns individual responsibility and justice for victims and their families from all communities in Kosovo.
“I call on actors in the region to help heal the wounds of the past. Only through reconciliation can the countries of the region overcome divisions and move toward a common future in the European Union,” Kos wrote.
Thaçi’s lawyer specifically challenged the assessment of the Specialist Court’s impartiality.
“Whether the Kosovo Specialist Chambers acted impartially in Mr. Thaçi’s case remains to be determined. It is not for Marta Kos to prejudge this matter,” Misetiq said.
In arguing his position, he also referred to a report by the Human Rights Committee of the Bar Council of England and Wales. According to Misetiq, the report raised doubts about the impartiality of the judges who handled the proceedings.
Misetiq also published a link to the report. However, the claims and criticisms contained in it should be presented as legal assessments, rather than as a definitive judicial finding that impartiality was lacking.
His response came after the first-instance judgment announced on September 16. Under the ruling, Hashim Thaçi was sentenced to 25 years in prison, while Jakup Krasniqi also received 25 years, Kadri Veseli was sentenced to 18 years and Rexhep Selimi to 13 years.
The trial panel found all four defendants guilty of several charges of war crimes, but acquitted them of the charges of crimes against humanity. Both the defense and the prosecution have the right to appeal the judgment.
The Specialist Chambers and the Associated Press confirm that the ruling is not final and can be challenged through an appeal.
The clash between Misetiq’s and Kos’s positions reflects two different approaches: the European Union representative calls for institutions and their decisions to be respected, while Thaçi’s lawyer questions the impartiality of the proceedings, an issue that could form part of the appeal process.
