Miftaraj: Kosovo has no legal basis for the payment of compensation to the victims requested by the Special Court in The Hague

Ehat Miftaraj
Source: Gazeta Express

The Special Court called on Kosovo to create a legal space for the creation of a fund, through which it would be responsible for compensating these victims, and the director of the Kosovo Institute for Justice, Ehat Miftaraj, stated that Kosovo did not have a legal basis that would enable the implementation of the Special Court's order.

"In the compensation order, the Trial Chamber points out that the Kosovo crime victim compensation program can be an alternative to the implementation of the Compensation Order, noting that the maximum amounts that can be awarded from this program are lower than those specified in the Compensation Order. Kosovo does not have any legal basis that would enable the implementation of this order, therefore the Special Court must find ways to compensate the victims of crimes through a program that would be established by this court itself and that would be financially supported by the countries that finance the court," Miftaraj said.

He also referred to the comparison of the fund for victims with the fund that Kosovo has for financial assistance to the accused by the Special Court.

"The compensation order also mentions the discrimination that would be done to the victims in relation to the accused, since millions were spent on the defense of the accused. In this regard, I think that it should be taken into account that the defense of the accused is regulated by a special law, so we have legal regulations for this category, while we do not have a special law regulating this matter for the compensation of victims of criminal acts in cases under the jurisdiction of Specialized Chambers", Miftaraj concluded.

And the Minister of Justice, Albulena Haxhiju, recently stated that there was no legal basis for Kosovo to compensate the victims in the cases of the Special Court.

"I have to emphasize that we cannot act contrary to the legislation of Kosovo," she stated.