IBNA Special Report
Pristina, February 25, 2015/ Independent Balkan News Agency
By Elton Tota
Parliament in Kosovo is postponing the discussions on the Special Tribunal, demanding changes in the content of the legal package for this institution, sponsored by the EU. Opposition, analysts and representatives of the majority say that this Tribunal avoids Kosovo’s justice system.
The head of the parliamentary group of the Alliance for the Future of Kosovo, Donika Kadaj-Bujupi, confirms that the Special Tribunal will not be part of parliamentary discussions on Thursday’s proceedings.
She warned that AAK will not vote the bill on the Special Tribunal, which will have long term effects.
“The proposed bill will cause a lot of damage for Kosovo. It’s a bill which has no connection whatsoever with the laws of Kosovo and a bill which will have long-term consequences for the country. AAK will not back it. We will demand for this bill not to be voted in parliament, because we think that Serbia has carried out genocide in Kosovo and not the other way around”, said Kadaj-Bujupi, IBNA news agency reports.
According to her, this bill comes as a result of the failure of the justice system in Kosovo, while saying that 15 years after the war, from being a victim, Kosovo is now being presented as a nation which has committed aggression.
Self Determination MP, Albulena Haxhiu, who is also vice chair of the parliamentary law committee, says that this court threatens constitutional order of Ksoovo.
“The appointment of this Special Tribunal will be the last stone that will be removed from the sovereignty of Kosovo. This process will no longer leave anything in this independent republic”, Haxhiu says.
According to her, the exclusion of the justice system from the Special Court clearly shows that a parallel system is being built in Kosovo and this system will operate outside of the Kosovo territory.
Professor of law and analyst, Berat Aqifi told IBNA that this institution is damaging for the country, because its verdicts will not be based in the laws of Kosovo.
“The Special Tribunal avoids the Kosovo justice system, because it will not apply the Criminal Code of Kosovo. This court will also be entitled to enter international relations with institutions and other countries without the consent of the Parliament of Kosovo. The court excludes our state and this case can be considered as a sui generis case”, says he.
Kosovo’s institutions send a letter to Brussels
Meanwhile, minister of Justice, Hajredin Kuci says that the Special Tribunal is a political success of the opponents of Kosovo.
“The establishment of this tribunal is a painful and unpleasant process, but it’s important to manage the situation adequately in full coordination with the USA and EU”, Kuci says.
The technical team appointed by president Atifete Jahjaga and chaired by minister Hajredin Kuci have examined all constitutional and legislative changes proposed by the European Union, in relation to the court and the team has listed a number of disagreements.
Brussels has received a letter where there are disagreements about the legal package of the Special Tribunal. The letter, which will be published on Thursday, says that all amendments must be made without damaging the sovereignty of Kosovo and the current institutional and legal structures.
According to the Kosovo team, the implementation of the legal package of the Special Tribunal, sponsored by EU, threatens Kosovo’s constitutional system. Apart from this, it also threatens the functionality of the Constitutional Court and the domestic justice system.
Meanwhile, there is a clause which states that EULEX’s mandate will have the same length as the Special Tribunal. The team has demanded for the mandate of the tribunal to be 4 years, while sentences to be suffered in Kosovo.
Two terms have also been asked not to appear in the legal package: Genocide and Dick Marty. This request aims at “preserving the image of Kosovo, not only abroad, but also in front of the citizens of Kosovo”.
EU: The Special Tribunal will cleans the image of Kosovo
EU representative in Kosovo, Samuel Zbogar, says that this court will cleans the image of Kosovo.
Commenting rumors that this court, will damage Kosovo’s image, the European diplomat said that the Special Tribunal will investigate individuals and not the state of Kosovo.
“These proceedings will cleans the image of Kosovo, because subject to investigations will be individuals and not the state. So, I believe that the establishment of the Tribunal will clear the image of Kosovo remove the black clouds standing above Kosovo since the publication of the Council of Europe report”, he says. /ibna/