PDK MP Eliza Hoxha has provided clarifications on the draft law proposing amendments and additions to the law on the Specialist Chambers of Kosovo.
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Appearing on the “Ora Shtatë” program, she raised the issue of applying the more favorable law when sentences are determined. According to Hoxha, this topic has not received the attention it deserves in public discussions.
“In many cases, we have heard judges say that, in legal proceedings, the more favorable law is applied when a sentence is determined,” Hoxha said.
She also referred to the legislation of the former Yugoslavia and the Criminal Code of that time, noting that in some cases the maximum sentence may have been 15 years.
“When the case in question was reviewed, the laws of the former Yugoslavia and the Criminal Code of the former Yugoslavia were in force, under which the highest sentence was up to 15 years. This is one of the issues that no one talks about,” she declared.
Hoxha also spoke about the connection between the Specialist Chambers and Kosovo’s justice institutions, highlighting the importance of the Constitutional Court.
“The Specialist Chambers and the Constitutional Chamber represent the transfer of Kosovo’s jurisdiction to the international level. Nevertheless, the Constitutional Court should not be minimized, because the Constitutional Chamber cannot be above the Constitutional Court,” said the PDK MP.
According to her, the Specialist Chambers were established on the basis of the Constitution and a law approved by the Assembly of Kosovo. For this reason, she considers that amending or supplementing the law does not necessarily constitute an infringement on the independence of justice.
“The Specialist Chambers were established by the Constitution and by a law approved in the Assembly of Kosovo. If the Assembly believes that the Court has exceeded the constitutional and legal jurisdiction and scope on the basis of which it was established, I see no reason why re-amending or changing and supplementing the law would undermine its independence,” Hoxha declared.
She insisted that the proposals are not intended to interfere in the work of the justice system, but to ensure equal treatment and justice for all parties.
“We are not seeking to interfere with justice. Our only request, on behalf of the victims and justice for them, is that the other side not be harmed and that justice also be served for the other actors involved,” Hoxha said.
