Qerkini: Until the Specialist Court’s final verdict, defendants remain in detention in the Hague; sentences to be served in Belgium

Attorney Artan Qerkini stated for Kosovo Online that the Law on the Specialist Chambers, adopted by the Kosovo Assembly, allows for the conclusion of agreements with EU member states or third countries where individuals convicted by the Specialist Court will serve their sentences once the court’s decisions become final. He noted that it was therefore expected that such agreements would eventually be signed.

A similar agreement has recently been concluded with Belgium, and when asked whether the Specialist Chambers will reach agreements with additional countries, Qerkini said that remains to be seen, as no state is obligated to enter into such arrangements.

“This is a matter for the countries themselves. An agreement is never mandatory. It is a bilateral consent—an expression of will by the parties signing the agreement,” he explained.

He pointed out that countries where sentences are to be served must respect human rights and the United Nations convention on the rights of detainees.

“Until a final court decision is issued, defendants remain in detention in The Hague. Once the decision becomes final, anyone convicted will, under the current arrangements, have to serve their sentence in Belgium—unless, in the meantime, the Specialist Chambers conclude an agreement with another third country,” Qerkini said.