EU spokesperson: Kosovo must comply with international obligations and ensure independence of Specialist Chambers

A European Union spokesperson reiterated today that the amendments to the Law on the Specialist Chambers adopted by the Kosovo Assembly were contrary to Kosovo’s international obligations toward the EU and called on Pristina to comply with its international obligations in order to safeguard the independence of that institution.

The statement said that the EU had consistently supported the work of the Kosovo Specialist Chambers as an independent judicial institution, established by decisions of the Kosovo Assembly in 2014 and 2015, operating within Kosovo’s legal system and whose status was enshrined in the Constitution of Kosovo.

“Their current mandate and independence must be fully respected. The Kosovo Specialist Chambers administer justice on the basis of the principle of individual criminal responsibility,” the EU spokesperson said.

The Union therefore called on Kosovo to comply with its international obligations in order to safeguard the judicial independence of the Kosovo Specialist Chambers, as well as its commitment to ensuring accountability and delivering justice for victims and their families from all communities in Kosovo.

“The protection and security of witnesses must be ensured,” the EU spokesperson added.

The EU conveyed the same message yesterday in a response to Kosovo Online, expressing deep concern over Pristina’s move.

On Monday evening, the Kosovo Assembly adopted the amendments to the Law on the Specialist Chambers in the second reading as well, following a proposal by the PDK.

The amendments introduce several substantive changes to the functioning and jurisdiction of the Specialist Chambers. Among the most significant are changes to the temporal scope of the Court’s jurisdiction, limiting it to the period from July 1, 1999, to December 31, 2000, as well as capping prison sentences at 15 years.

The amendments also provide for the transfer to Kosovo institutions of cases that would no longer fall within the jurisdiction of the Specialist Chambers, as well as the possibility of appeals to the Kosovo Supreme Court on matters relating to jurisdiction. They further provide that convicted persons may serve their prison sentences in Kosovo, while presidential pardons would also be possible in certain cases.

The legal basis for the establishment of the Specialist Chambers is the 2014 exchange of letters between then-President of Kosovo Atifete Jahjaga and EU High Representative Catherine Ashton.

The Specialist Chambers are based in The Hague but form part of Kosovo’s judicial system. The European Union is their principal financial supporter, having allocated nearly EUR 400 million since their establishment.