Lawyer on amending the Specialist Chambers law: “It has legal and constitutional problems; international oversight must also be reviewed”

Attorney Kadri Osaj has said that the initiative of the Democratic Party of Kosovo (PDK) to amend and supplement the Law on the Specialist Chambers must be examined from different perspectives, taking into account the current situation and the way cases are being processed by this court.

Speaking on the matter, Osaj said that every law has gaps that need fixing, while also raising concerns about the legal and constitutional aspects of the proposed draft.

“Every law has its own gaps, and every gap must be fixed. One thing we must be clear about: this draft infringes on the constitutional amendment. Frankly, we have a legal and constitutional problem, and a problem with our international partners. There is room to change this law,” Osaj said.

He said that during judicial practice, he had observed violations of the standards set by law, calling for systematic oversight of the persons involved in the Specialist Chambers proceedings.

“It is worth noting that the law provides that the standards incorporated into our justice system must not be undermined, yet during judicial practice we have seen that they have been undermined. We need systematic oversight of the persons involved in this court,” he said.

Osaj raises the issue of judges’ age

The attorney also raised the issue of the legal conditions that judges of the Specialist Chambers must meet, claiming that some of them have reached retirement age and therefore do not meet the requirements to serve.

“Given that some judges do not meet the legal requirements to be judges under the legal provisions, as they have reached retirement age, and since there is a legal gap, in this specific case efforts must be made for change,” Osaj said.

He called for a review of the international and domestic oversight system, arguing that local mechanisms must also be involved in the process.

“Both the international and domestic oversight systems must be reviewed. The international one must have the presence of locals, because standards have been violated,” Osaj said.

Claims violations of the accused’s rights

Osaj also spoke about the rights of the accused during interrogations, claiming that legal standards regarding the presence of defense counsel had been violated.

“The legal standards were broken during interrogations. It is a requirement that for offenses carrying more than 10 years of imprisonment, the lawyer must be present. This right has been violated,” he said.

Finally, the attorney stressed that accountability must be part of an effective oversight mechanism over the functioning of the Specialist Chambers, asking that the issues raised be examined within the framework of possible legal changes.

Source: Tv Dukagjini