Hamza: Draft law limits the Special Court to Dick Marty's report, other cases transferred to Kosovo

PDK President Bedri Hamza stressed that the Draft Law on Amendments to the Law on the Specialist Chambers and Specialist Prosecutor's Office limits the jurisdiction of the Specialist Chambers to specific allegations from Dick Marty's report, while cases that do not fall within their jurisdiction would be transferred to Kosovo.

Hamza said that the Assembly should assume its constitutional and legislative responsibility by seriously reviewing the legal provisions governing the work of the Specialist Chambers.

“The Assembly has a responsibility to review the law when it considers that it does not reflect the purpose for which it was adopted. The draft law does this because it requires that the charges have a specific connection to the allegations for which this court was established. Not a general connection and not endless interpretations. Not an expansion of the mandate simply because an event took place during the war. There must be a clear connection to the mission for which this mechanism was established. The draft law provides that when a case does not fall within this jurisdiction, it is transferred to Kosovo, together with the files, evidence and materials. Justice continues, but it continues where the law says it should continue,” Hamza said.

He added that the draft law also addresses the issue of accountability.

“Over the years, the Specialist Chambers have operated outside Kosovo and, because of their institutional model, with a certain degree of independence from Kosovo's institutions. The Specialist Chambers themselves describe themselves as institutions independent of Kosovo's institutions. The draft law proposes that international professional organizations may be authorized to monitor their work. Not to intervene in judgments, but to verify whether human rights, fair trial standards, detention conditions, witness protection and the duration of proceedings are being respected. These organizations would then report to the Assembly and the public,” Hamza said.

According to him, these amendments do not abolish the Special Court, but instead restore the mandate for which it was established.

“It specifies that it should deal with the specific allegations for which it was established and that it is linked to Dick Marty's report. For other war crimes and offenses that are not directly related to those allegations, responsibility would be assumed by Kosovo's judicial institutions. No case is closed simply because it falls outside the jurisdiction of the Special Court. If a case does not fall within its jurisdiction, it is transferred to Kosovo. The draft law does not create a legal vacuum,” Hamza stressed.

He called on other parliamentary groups in the Assembly to support amendments to the Law on the Specialist Chambers.