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Specialist Chambers: Interpretations of the report by the Advocates of England and Wales are incorrect

Special Court

The Specialist Chambers have called some of the interpretations of the report of the Human Rights Committee of the Bar of England and Wales, which was made at the request of the Office of the Ombudsman of Kosovo, incorrect.

In one REACTION published today on the official website states that the report did not find that any of the decisions of the judges of the Specialist Chambers have violated the human rights of the accused.

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"Furthermore, the report does not conclude that the jurisprudence of the Specialist Chambers violates or conflicts with the jurisprudence of the European Court of Human Rights. The report of the Human Rights Committee of the Bar of England and Wales also finds no violation of human rights conventions in decisions regarding detention," the response states.

More than a week ago, AThe Ombudsman, Naim Qelaj, has presented the preliminary report of the organization "Bar Human Rights Committee of England and Wales" regarding the functioning of the Specialist Chambers in The Hague. 

According to Qelaj, this report has found serious concerns. Qelaj said that, among other things, the document finds that the mandate of the Special Investigation Unit has deviated from its original purpose. 

The report was drafted by the Human Rights Committee of the Bar of England and Wales based in the United Kingdom, where British experts were engaged at the request of the Ombudsman Institution, following concerns about non-compliance with human rights standards.

The published response states that the Kosovo Specialist Chambers (KSCC) are an independent judicial institution and, according to them, neither the Kosovo Ombudsman nor the Human Rights Committee of the Bar of England and Wales have the right to submit submissions to the Specialist Chambers.

The Specialist Chambers further assess that some interpretations of the report of the Human Rights Committee of the Bar of England and Wales, made by the Ombudsman of Kosovo, are inconsistent with the report, do not accurately reflect the content and conclusions of the report, and consequently create a false image of the Specialist Chambers.

It is also stated that it has also been noted that a number of aspects raised by the Kosovo Ombudsman, discussed in the report of the Human Rights Committee of the Bar of England and Wales, are largely repetitions of arguments presented by the Defence before the judges of the Specialist Chambers.

On the other hand, according to them, the report does not reflect in the same way the respective arguments presented by the Prosecution or the Victims' Protection.

"In particular, the report of the Human Rights Committee of the Bar of England and Wales acknowledges that defendants in the Specialist Chambers have legal remedies available to them, and that a number of aspects are currently the subject of legal challenges and may be reviewed on appeal," the response states.