Behrami demands Trëndafilova’s report to the Human Rights Commission

Member of the Committee on Human Rights, Gender Equality, Work, Family, Values of the Liberation War and Petitions from the Democratic Party of Kosovo, Artan Behrami, has proposed sending an official invitation for reporting to this parliamentary committee, addressed to the President of the Specialized Chambers, Ekaterina Trandafilova, reports Ekonomia Online.
Behrami, during the committee meeting, explained the reasons why, according to him, it is necessary for Trandafilova to report to the deputies.
“In these six years of the functioning of this court, we have witnessed a very large deviation from the mandate that the deputies of the Republic of Kosovo have given to this court. There has been a lot of criticism from the Ombudsperson (People’s Advocate) of the Republic of Kosovo based in Pristina, from human rights representatives, from journalists, from the defense, serious concerns about the violation of the human rights of detainees, in this case the leaders of the KLA who are in The And I have also heard the arguments that say that the law that we have approved in the Assembly does not allow such a thing. However, I spoke once again about this deviation that has occurred from the mandate of this court. And I think that this gives us the right as the Commission for Human Rights, which cannot be prohibited by any law, by any international convention, yes “even in institutions over which the Republic of Kosovo has no jurisdiction,” said Behrami.
Behrami clarified that the reporting did not interfere with justice.
“And we have had discussions, but the starting point was also the speech of the First Deputy Prime Minister and Minister of Foreign Affairs, Mr. Glauk Konjufca, who in the UN Security Council has once again awakened this criticism that is already widespread not only in Kosovo, but among all those who have monitored the Special Court. Which, unfortunately, does not report to the Assembly of the Republic of Kosovo, which created it, but through EULEX it reports to UNMIK, using Resolution 1244. And I think that all those who voted for the Special Court, did not vote for this court to report in any form to EULEX and UNMIK through Resolution 1244, but to report to the Republic of Kosovo and the Assembly of the Republic of Kosovo.
To clarify one more thing: our tendency in requesting such a report is not to interfere with justice. Because human rights when they are addressed, it is not an interference with justice; it is quite the opposite, it is an initiative to bring justice. And since we are at the end of the trial process in The Hague and the verdict, this commission and such a report will not have any impact on the verdict either. But it is a commission that wants to get to the truth about what happened there, what are the rights of the detainees that were violated, in order to ensure the truth from the perspective of the Republic of Kosovo”, he emphasizes.
He also listed the violations that this court has committed.
“And among the biggest violations have undoubtedly been: Limited and non-private monitoring of interviews; Obstruction of the unlimited mandate of the human rights institution; Lack of accountability and oversight of Kosovo institutions; Reporting outside the constitutional framework; Low transparency of access, limited to public information; Failure to respect the principle of equality of arms; Admission of non-objective evidence, for example from books; Ambiguity over evidence from Serbia; Lack of clear standard of the offense in the procedure; Monitoring, obstruction of communication and restriction of family visits; Prolonged detention and restrictions without proportionality; Lack of independent complaints and oversight mechanism; Functioning without institutional control and effective transparency; Centralized structure of the court; Doubts about independence; Inclusion of the Constitutional Chamber within the structure; Position of the Ombudsman within the structure, which is in complete contradiction with the Paris Principles; Interception of communications even with protection; Excessive length of detention and lack of alternatives; Distrust of institutions, unequal standards, and so on.
“There are a number of violations related to human rights, for which we as a commission have the right to invite both the Ombudsperson of the Specialized Chambers of the Republic of Kosovo, but also the president of this institution, to be informed by them whether all these human rights have been respected, and whether there has been a deviation from their mandate, since Article 1 of the Law on the Specialized Chambers of the Republic of Kosovo clearly mentions Dick Marty’s report related to organ trafficking, something that has not been addressed at all by this court,” he continued.














