The session of the Kosovo Judicial Council, where the request of the Acting President and the notices of withdrawal by Serb judges and staff were expected to be reviewed, failed to be held.

The failure to hold the session came as a result of an open clash between KGJK members and the presiding chair Rrustem Thaqi.

Member Bashkim Hyseni insisted that this issue be treated as the first item on the agenda, asking for explanations why the handling of the resignations of Serb community representatives had been delayed for four years.

“It should have been the first issue, because since their resignation these individuals have been kept in the system without constitutional and legal grounds. The KGJK should have acted earlier. This is beyond any reasonable deadline. A resignation can be revoked when it is fresh, not after four years. It creates instability and undermines legal certainty,” declared Hyseni.

Presiding chair Thaqi responded that he bore no responsibility for this delay, emphasizing that he had been appointed to head the institution only recently.

During the session it was also proposed that the second item, “Election of the Deputy Chair,” be postponed to a later meeting due to the absence of new member Afërdita Bytyçi, who is a candidate for this post.

A similar proposal was also made for reviewing the mandates of members of standing committees. Member Artan Abazi opposed this postponement, calling it unnecessary and emphasizing the need to make the council functional. “It is an unnecessary proposal. This council has been held hostage without working for six months through our own fault. Why is it not being made functional today? I propose that the item not be removed,” said Abazi.

Member Ahmet Imami explained that in previous meetings the establishment of commissions had been proposed, but it was awaited for the new members to join in. “I propose that this item be removed to give her the opportunity to be part of it as well. I agree that we are delayed, those resignations have had their effect,” Imami stated.

The debate escalated when Thaqi asked Hyseni not to misuse his position in the presence of the public. “You cannot hold me responsible. You are seeking attention and it’s not correct. Let’s not misuse our position,” he said. Hyseni retorted: “You are the chair and you should know it, you must know. Justice should serve justice.”

Thaqi replied that he would be dedicated to the duty, but not by serving daily attention. Despite the appeal for respect, members began to boycott the meeting, which ended without result.

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Judge Medie Bytyqi explained that the hearing could not proceed because proper legal representation had not been secured for all of the accused and the indictments had not been delivered to the lawyers on time.

Although it had been planned for the trial in absentia of the 21 defendants accused of war crimes in Kosovo, linked to the expulsion of thousands of Albanian civilians, to begin at this hearing, the scheduled review did not take place.

Initially, special prosecutor Florije Salihu-Shamolli said that the conditions existed for the trial in absentia to proceed.

“Since all actions have been undertaken and the defendants have been unreachable for the prosecution, in this specific case all the criteria have been met for the court to begin the main hearings,” she said.

However, uncertainties and problems surrounding the lawyers appointed by the Bar Association to defend the accused led to the initial review hearing being postponed until after the summer holidays.

“In assessing that there are no conditions to proceed with the initial review, taking into account the fact that the lawyers have been unable to obtain the case files and the absence of the above-mentioned lawyers, the court decides to postpone the initial review and set another date,” said Judge Medie Bytyqi.

Amer Alija from the Humanitarian Law Center said that war crimes cases should not be delayed and that the Court, in cooperation with the Bar Association, must guarantee the presence of lawyers.

“The Court must take care, in cooperation with the Bar Association, to ensure the presence of lawyers appointed ex officio and that hearings are no longer postponed for this reason, because war crimes cases have waited long enough, they have waited 27 years, and with the passage of time the victims of war crimes certainly die, the witnesses die, and the perpetrators of war crimes also die,” he said.

The Special Prosecution had filed an indictment in absentia on August 15 of last year against 21 people, who are mainly former military and police officials of Serbia’s structures during the war in Kosovo.

According to the indictment, the accused are suspected of having had control and authority over military and police forces on the ground during the period January-June 1999, of having known about violent acts against Albanian civilians, and of not having taken measures to stop or prevent them. They are charged with the criminal offense of “War crimes against the civilian population.”

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