Arsim Bajrami, a professor of constitutional law and one of the authors of Kosovo’s Constitution, has commented on the Ombudsperson’s report, expressing concern about how human rights and fair-trial standards are being upheld in the Specialized Chambers.
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In his capacity as a constitutional expert, Bajrami stressed that Kosovo’s Constitution has established very high standards for human rights and freedoms, referring to Chapters 2 and 3 as a European model for implementing the European Convention on Human Rights. According to him, since Kosovo has promoted these standards, it has the right to demand that they also be respected for its citizens.
He described the establishment of the Specialized Chambers as an extremely sensitive decision for Kosovo, taken after the advisory opinion of the International Court of Justice confirmed the legality of the declaration of independence. Bajrami emphasized that sovereignty had been delegated to this court in the belief that it would apply the highest European standards of the rule of law.
However, after a decade, Bajrami notes that instead of an exemplary process, Kosovo’s institutions and citizens are expressing well-founded concerns about the disregard for fundamental freedoms and rights in a process that had been promised to be fair and in line with the expectations of European citizens.
The professor strongly criticized the judicial proceedings in the Specialized Chambers, alleging that evident violations have occurred both materially and procedurally, undermining not only Kosovo’s legislation as a sovereign state but also international standards, including the European Convention on Human Rights. He stressed that these violations are apparent to any independent legal expert free from political influence.
According to Bajrami’s assessment, the process has failed to respect the fundamental principles of criminal justice, including the presumption of innocence, equality of arms and transparency. He also raised allegations of cooperation with Serbia’s Special Prosecutor’s Office and a refusal to cooperate with Kosovo’s institutions, including the Ombudsperson.
Bajrami argued that, instead of taking pride in a model process that would surpass even the standards of the tribunals for the former Yugoslavia, the European Union now faces a process with numerous shortcomings that has violated basic principles such as the presumption of innocence, equality of arms and a fair trial.
In conclusion, Bajrami stressed that the process has caused widespread concern among the people of Kosovo, who had expected a fair trial. He questioned the legitimacy of bringing charges in the name of the people of Kosovo, citing positions expressed by the citizens themselves and the Assembly of Kosovo, which, according to him, have rejected this claim.
