Trendafilova: No one can dictate to judges how to interpret and apply the law

Ekaterina Trendafilova, President of the Kosovo Specialist Chambers in The Hague, stressed that the court had faced disinformation concerning its independence and functioning, emphasizing that the Specialist Chambers are an independent institution and that their judges are people of integrity. She also pointed out that the rule of law requires that no one be allowed to dictate to judges how they should interpret and apply the law.

“The Specialist Chambers have faced disinformation concerning their independence and functioning. Moreover, there have been attempts to obstruct justice, resulting in convictions and guilty pleas for witness intimidation before the court. The Specialist Chambers are a judicial institution whose mandate is established by the Exchange of Letters, the Constitution of Kosovo, and the Law on the Specialist Chambers and the Specialist Prosecutor's Office. The court is committed to ensuring safe, independent, impartial, fair and efficient criminal proceedings, while also providing strong protection for witnesses and victims,” Trendafilova said in a message published on the social network “X”.

She added that, contrary to the disinformation about the court that continues to circulate, the Specialist Chambers guarantee defendants the right to a fair trial in accordance with internationally recognized standards.

She stressed that the judges appointed to the Specialist Chambers come from European Union member states and countries that contribute to the work of the institution.

“To qualify for appointment as judges at the Kosovo Specialist Chambers, individuals must possess high moral character, impartiality and integrity, and meet the qualifications required in their respective countries for appointment to the highest judicial positions. As stipulated in their judicial oath, judges perform their duties independently, impartially and conscientiously, in the service of justice and the rule of law. The judges consistently apply the international conventions listed in the Constitution of Kosovo, including the European Convention on Human Rights and the case law associated with it. They conduct proceedings in a manner that protects these rights at every stage of the judicial process,” Trendafilova said.

She added that judicial decisions are reviewed through the appeals process, which includes the Appeals Panels of the Kosovo Specialist Chambers and a panel of the Supreme Court.

In addition, she said, defendants may apply to the Constitutional Court Panel of the Kosovo Specialist Chambers if they believe their rights have been violated. She noted that defendants had used these legal remedies and had been successful in a number of cases.

“Although criticism of judicial decisions is legitimate in a democratic society, the rule of law requires that no one can dictate to judges how they should interpret and apply the law. As an independent judicial institution, the Specialist Chambers carry out their mandate without political considerations, preferences, influence or interference. The Specialist Chambers remain firmly committed to upholding the highest international standards and continuing the work entrusted to them, independently of any external pressure, while expecting all parties involved to fulfill their obligations to ensure respect for the rule of law,” Trendafilova stressed.

On October 6, the Kosovo Assembly adopted amendments to the Law on the Specialist Chambers, following the convictions of four former KLA leaders.