The resolution "On the unfoundedness of claims for illegal trafficking of human organs in Kosovo and Albania" unanimously voted by the Assembly of Albania and which is against the report of former senator Dick Marty will not produce any legal consequences in the functioning and work of the Chambers of Specialized in The Hague. Legal experts in Pristina appreciate the adoption of this resolution by the legislators in Tirana as a positive step, which they say can challenge the credibility of Marty's report.
With 125 votes in favor, none against and no abstentions, the resolution passed by the Parliament of Albania calls on the Parliamentary Assembly of the Council of Europe to review Resolution 1782, which served as the starting point for the establishment of the Special. All claims raised for inhumane treatment of persons and illegal trafficking of human organs in Albania and/or Kosovo, the resolution says, remain unsubstantiated, unproven and not based on evidence and facts, so they should be considered as such from all national and international institutions.
"This resolution is in favor of proving that the allegations raised by Dick Marty's report are not true. I think that now the battle should take place from this resolution with the request that such a resolution be approved in the Parliamentary Assembly of the Council of Europe in a way to compensate for the damage that was caused by voting on the resolution of Dick Marty's report in Parliamentary Assembly of the Council of Europe", he says.
Demhasaj considers that the resolution against Dick Marty's report voted by the Albanian Parliament has no influence on the functioning of the Special Court.
"The Special Court was created by a law voted in the Assembly of Kosovo and that law has given the powers to this court and it cannot have any influence, the entire influence of this resolution, or the possible resolution that can be voted in the Parliamentary Assembly of the Council of Europe is only to fix the image of Kosovo, Albania or Albanians in general through the monstrous claims of Dick Marty's report. Otherwise, in terms of the functioning of the court or indictments, there is absolutely no connection and it cannot influence in any way... only the Assembly (of Kosovo) is the authority that can undo it, but I think that undoing is not a solution because there are already indictments filed against some leaders of the KLA, and in the event that there are tendencies to undo the Special Court, then in a way the claims of the accusation that are in those indictments remain suspended, and this does not clear the KLA's struggle - ", he continued.
Even Medina Kadriu from the Kosovo Institute for Justice (IKD) considers that the resolution of the Assembly of Albania against Dick Marty's report does not produce any consequences for the Specialized Chambers in The Hague.
"The same from a political and diplomatic point of view can affect the contestation of the reliability of the report approved by the General Assembly, but from a legal point of view it does not produce any consequence. The Republic of Kosovo has assumed international obligations such as the establishment of the Special Court and for this reason it has also amended the Constitution as well as passed a special law for the Specialized Chambers and the Specialized Prosecutor's Office and such resolutions neither undo nor they do not abolish the Special Court... This resolution has absolutely no impact in terms of the work of the Office of the Specialized Chambers and the Office of the Specialized Prosecutor and the judicial processes taking place there," she said.
Yesterday, the president of the Republic of Kosovo, Vjosa Osmani, said that there is a basic legal principle that a political or legal resolution or act can be repealed only by the bodies that approved them.
In the meantime, the procedure for submitting motions to the Assembly of the Council of Europe is foreseen according to the 25th rule. This rule stipulates that a motion for recommendation or resolution - with no more than 300 words - must be signed by at least 20 representatives or alternates, belonging to at least five national delegations, or must be approved by the necessary quorum of the committee.
The proponents of the resolution in the Parliament of Albania, 11 socialist deputies, declared that they will ask the Council of Europe to review the resolution of 2011. The session of the parliament where this resolution was approved was accompanied by strong debates and mutual accusations between the position and the opposition. Albanians about their role in the Kosovo war./B.Ibishi/
