The Ombudsman, in a meeting with Trendafilova, raises concerns about the functioning of the Specialized Chambers

The People's Advocate of Kosovo, Naim Qelaj, a day ago held a meeting with the President of the Kosovo Specialist Chambers, Ekaterina Trendafilova, raising a number of essential issues regarding the functioning, transparency and procedural rights in this judicial institution.

According to a press release, Qelaj expressed his concern about whether a fair and impartial trial is being guaranteed according to the standards of the European Court of Human Rights, regarding the rights of the accused in the procedure, which are also defined by the Constitution of the Republic of Kosovo.

It is further reported that the Ombudsman said that the meeting was held at the request of Trendafilova.

"Initially, the Ombudsman highlighted his concern about whether a fair and impartial trial is being guaranteed according to the standards of the European Court of Human Rights, regarding the rights of the accused in the procedure, which are also defined by the Constitution of the Republic of Kosovo," the statement says.

The statement also states that: "In this regard, the Ombudsman spoke about the equality of arms in relation to the evidence and the way in which this evidence was obtained, and in particular referring to the evidence provided by the Republic of Serbia, considering that Serbia is a state that has hostile attitudes towards the Kosovo Liberation Army, of which the accused are part."

In this meeting, according to the press release, Qelaj added that considering the manner, route and procedures in which this same evidence was obtained, how credible it is and how it may be compromised when presented in court, and how much the defense is enabled to object to this evidence by obtaining information from the parties that provided it.

"From the concerns that the Ombudsman has received, it is worrying how the court functions by consolidating all levels of the court into a single structure, which leaves room for doubt about the independence of the courts of the levels that operate within this court, and this is not in the spirit of international standards that guarantee a fair trial in relation to the scale of the procedure and which are then related to the right to an effective legal remedy," the statement says.

According to the statement, Qelaj emphasized that it also remains concerning when the Constitutional Chamber is located within this structure, putting the separation of powers into question, considering that the Constitutional Chamber does not exercise the function of regular courts, but has the character of assessing the constitutionality, decisions and other acts and controlling the respect for human rights in accordance with international standards that are part of the legislation of the Republic of Kosovo.

"Furthermore, it is even more worrying that the Ombudsman is part of this structure, which is in contradiction with the Paris principles that stipulate that the Ombudsman should be an independent institution, established by law or the Constitution, elected in a transparent manner and exercise its mandate independently and uninfluenced by any authority, which the Ombudsman in the Specialist Chambers does not seem to meet these standards."

At this meeting, the tapping of conversations and visits in detention was also raised as a concern, as stated in the statement, "we consider that despite the fact that these may be permitted by law, they violate the principle of privacy, family life and violate effective protection if these tappings also occur in relation to the defense team of the accused."

The Ombudsman considers that the duration of pre-trial detention is a problem in itself. This duration and the failure to change the measures with other alternative measures, as if the Court does not trust the Kosovo institutions that they can guarantee compliance with those measures and guarantee a regular and unhindered process.

The Ombudsman also highlighted the issue of compensation for victims that is not at the same standard for injured parties in cases tried in the Republic of Kosovo because everyone should be treated equally.

Qelaj also reiterated at the meeting the fact that despite the limitations of his mandate in relation to the Specialized Chambers, he nevertheless has a role in relation to the overall functioning of the justice system, part of whose jurisdiction these courts are also part.

"In these circumstances, when the concerns raised are legitimate, of course he has a responsibility, constitutional and legal, and reacts to all these issues." /Telegraph/