Pasic: Constitutional Court panel in The Hague is not an appeals reviewer, I expect first-instance verdicts to be upheld

Lawyer Dragan Pasic told Kosovo Online that the Kosovo Constitutional Court panel in The Hague does not have the role of reviewing verdicts handed down by the Kosovo Specialist Chambers, but rather to determine whether final judgments have violated provisions of the Constitution. He also expects the first-instance sentences against the former KLA leaders to be upheld on appeal.

“The Specialist Chambers and the Specialist Prosecutor's Office have jurisdiction over crimes against humanity, war crimes and other criminal offenses under Kosovo law, related to the allegations contained in the Report of the Parliamentary Assembly of the Council of Europe dated January 7, 2011,” Pasic stressed, adding that the way they operate and their legal basis were agreed between the Kosovo authorities and EU representatives.

He explained that there are also panels of the Kosovo Court of Appeals and Supreme Court, while the panel of the Kosovo Constitutional Court in The Hague was established as the highest, fourth level.

“Its role is not to review judgments, but to determine whether final judgments have violated the Constitution of the so-called Republic of Kosovo,” he said.

He said it is important to emphasize that the Constitutional Court panel based in The Hague is not part of the Kosovo Constitutional Court, and therefore no judicial institution based in Kosovo can influence the judicial institutions relocated to The Hague.

“They have complete autonomy in their work and decision-making,” Pasic stressed, noting that all courts relocated to The Hague have international judges.

Regarding the appeals process, our interlocutor expects the Appeals Panel to uphold the first-instance verdict against Hashim Thaci, Jakup Krasniqi, Rexhep Selimi, and Kadri Veseli for the war crimes committed.

“The Appeals Court has two other options: to amend the first-instance verdict by acquitting them, or to uphold the prosecution's appeal and convict them for the criminal offense for which they were acquitted at first instance – war crimes against humanity,” Pasic said.