Can the legal changes affect the Appeals? Jurists speak about the November 27 deadline

As November 27 approaches, the deadline set by the Appeals Panel for filing notices of appeal against the judgment on the former KLA leaders, the Democratic Party of Kosovo says it is taking every step it can in their support.

The deadline for the notice of appeal was extended following a request by the defence of Hashim Thaçi, Kadri Veseli, Jakup Krasniqi and Rexhep Selimi. The complexity of the case and the time needed to translate the judgment into Albanian were mentioned as reasons.

One of the PDK’s engagements is the initiative to supplement and amend the Law on the Specialist Chambers, which is currently awaiting the opinion of the Ministry of Justice in order to proceed further in the Assembly.

Jurists say a change to the law is possible from a legal standpoint, but they are sceptical whether it can have an effect in the time remaining.

“I am absolutely sceptical that this can be realised, because we can please ourselves, but we must recognise how the legislature works. The other thing is the time factor. The Court of Appeal can make it final, it can return it for retrial. Then, in that case, they could gain time. But whatever is decided, it is a very short time that presents a risk, so the defence strategy must be strengthened,” said Fehmije Gashi Bytyqi, a lawyer.

Meanwhile, political scientist Mazllum Baraliu says Kosovo’s institutions should follow the process at the Specialist Chambers closely and engage diplomatically.

“No one can stop this, because it is formally a court of Kosovo, while in fact it is an unparalleled surrogate in the world — I am speaking about the Specialist Court. Another body, made up of the Government, the Parliament and the Ministry of Foreign Affairs, as a sui generis body, should also monitor it continuously and actively, and lobby continuously until a second-instance decision, and until then explain to the world that with this decision the foundations of the state of Kosovo cannot and will not be undermined,” said Mazllum Baraliu, a political scientist.

RTK asked the Specialist Chambers about the PDK’s initiative regarding the supplement and amendment of the law, but received no reply. PDK MPs have warned they will boycott all parliamentary committees until the supplement and amendment of the Law on the Specialist Chambers is proceeded in the Assembly, as RTK reports.