The Ombudsperson of Kosovo, Naim Qelaj, has raised several concerns regarding the implementation of Kosovo legislation in relation to the procedures conducted by the Special Court concerning the protection of victims and protected witnesses, KosovaPress reports.
At a press conference following his visit to the Specialized Chambers in The Hague, Qelaj criticized the court for restrictions on visits to detainees.
Qelaj described the difficulties in communicating with the detainees, emphasizing that his interviews with Thaçi, Veseli, Krasniqi, and Selimi were conducted under conditions that severely undermine the independence and rights of the Ombudsperson.
“We conducted interviews with Mr. Thaçi, Veseli, Krasniqi, and Selimi. What I want to stress is that all visits and communication with these individuals were under full monitoring, with the impossibility of taking notes, and under conditions that I consider severely undermine the independence and rights of the Ombudsperson as a constitutional institution for the protection of human rights, to have unhindered access to communicate with persons in detention. Naturally, I will raise this concern in court as well as with other international mechanisms, because within my five-year mandate, this is the first time I have been forced to conduct a conversation with someone deprived of liberty in such a manner, which I believe is contrary to all the rules set by the Council of Europe, the European Court of Human Rights, and the European Committee for the Prevention of Torture, which require that communication be free,” Qelaj said.
He noted that court procedures show a clear lack of accountability, which, according to him, undermines public trust and the integrity of the institution. Qelaj added that this lack of transparency was also observed during meetings with parties involved in the process.
“What we observed during this visit is that the entire process in this court is accompanied by a lack of accountability and transparency, a concern we raised with the parties we met. As a result of this lack, the principles of democratic oversight are compromised, which increases public uncertainty and damages both the integrity of the court and public trust in it,” Qelaj stated.
Furthermore, Qelaj focused on the internal rights of detainees. He said he observed restrictions on the timing of contacts and family visits, including full monitoring of these communications. According to him, these measures not only violate the right to privacy but are also imposed without a defined timeframe.
“We also observed restrictions on detainees’ rights within the prison, including the timing and schedule of contacts and family visits, as well as full monitoring of these visits, violating the principle of privacy and family life. What concerns us most, and for which we will seek answers from the court and responsible authorities, is that decisions on such restrictions are made for an indefinite period,” Qelaj emphasized.
Former leaders of the Kosovo Liberation Army, Hashim Thaçi, Kadri Veseli, Jakup Krasniqi, and Rexhep Selimi, have been in detention in The Hague since November 2020. They are charged with war crimes and have pleaded not guilty to all counts of the indictment. Their trial began on April 3, 2023.
