Pristina, 27 March 2015
Speech of the Prime Minister of the Republic of Kosovo, Isa Mustafa, in interpellation of constitutional responsibility of the Government of the Republic of Kosovo regarding the establishment of the Special Court.
Honourable President of the Assembly,
Honourable Members,
Honourable members of the Government Cabinet,
From the Assembly of the Republic of Kosovo, of the document no. 01/645 dated. March 6, 2015 I was informed of the request of the Chairperson of the PG of VV, Mr. Glauk Konjufca supported by 15 MPs of Vetevendosje in the form of a motion for interpellation. Request for a motion by the requesting party has been submitted to the Assembly in March 5, 2015.
Motion for interpellation includes the justification and recommendations.
As Prime Minister of the country I would not like to comment his viewpoint of his justification of the motion, but I would like to present to you the legal and constitutional basis of the Decision of the Government of the Republic of Kosovo to propose to the Assembly of the Republic of Kosovo amendments of the Constitution of Republic of Kosovo.
One.
The actions of the Government of the Republic of Kosovo, on the proposal of constitutional and legal basis on establishing of Specialized Chambers of the Court and the Prosecutor, based on exchanged letters between the President of the Republic of Kosovo, Mrs. Atifete Jahjaga and the High Representative of the European Union for Foreign Affairs and Security Policy, Baroness Catherine Ashton.
This correspondence was ratified by the Assembly of the Republic of Kosovo, by the Law No.04 / L-274, dated 23 April 2014 on the Ratification of International Agreement between the Republic of Kosovo and the European Union, based on the Mission of the European Union Rule of law in Kosovo.
Two.
The above mentioned law was approved by 2/3 of the votes of members of the Assembly of the Republic of Kosovo, of which derives the constitutional obligation of the Government of the Republic of Kosovo to fully implement this law, as provided in Article 92, paragraph 3 of the Constitution of the Republic of Kosovo, which as a general principle defines that:
Government implements laws and other acts adopted by the Assembly of Kosovo and exercise other activities within other responsibilities defined by the Constitution and Law.
In this regard, I as Prime Minister and the Government of the Republic of Kosovo, are implementing constitutional and legal obligations deriving from the will of MP of the Assembly of the Republic of Kosovo as representatives of the people.
Three.
The Government believes that the establishment of Specialized Chambers of the Court and the Prosecutor, does not violate the constitutional independence of the judiciary and in this regard there have already been submitted draft constitutional amendments to the Presidency of the Assembly, from where they are submitted to the Constitutional Court for the opinion related to constitutional suitability of these amendments.
Four.
Although we are confident that these amendments are in accordance with the Constitution of Kosovo and in this way the constitutional eligibility for Specialized Chambers of the Court and Prosecutor will be ensured, lately it is a Constitutional Court the one that will make the final assessment and we will I respect the decision of this court.
Five.
The entire legal infrastructure for the establishment of Specialized Chambers of the Court and the Prosecutor, was drafted by local and international experts, and in principle sets criteria of commitments which are in the exchange of letters between the President of Kosovo and Baroness Ashton. There is been made an effort that the procedures and processes to be in accordance with the standards of most developed countries, where human rights and fundamental freedoms of persons who may be the subject of investigation, shall be respected to the maximum.
Six.
Specialized Chambers of the Court handle the results of an independent investigation conducted by the Special Investigation Task Force (SITF) led by the US Prosecutor, Williamson.
As a result of an independent process conducted by the prosecutor, neither I nor the government have information regarding the number of cases as well as for individuals who may be subject to this court. We fully respect an independent process.
It is this process which would bring out the truth, whether the allegations of Dick Marty are true.
Seven.
Government of the Republic of Kosovo considers the establishment of Specialized Chambers of the Court and the Prosecutor not an easy action, but very necessary, because through this we show our willingness to enforce justice.
The Government considers that in no case the war of Kosovo Liberation
War is subject, the war which was to protect the threshold of the house from the military and paramilitary forces. We believe in the purity of the KLA war, so the behaviour of individuals that might have been committed to crimes either during or after the war cannot be identified with pure fight of KLA.
Eight.
The Government of Kosovo is determined and committed to the rule of law, to the state of the rule of law, in this way, the implementation of justice and elucidating illegal action would only the trust in the state and belief in justice, regardless of when it comes.
Nine,
Law on ratification was approved by 89 votes in favour, 22 votes against and 2 abstentions, not only with 2/3 as majority but by 3/4 of the total number of MPs, of all PG except VV. You have seen the list of MPs who voted for and against, and to which political party they belong. Voting for this Law on April 23 last year, where the obligations were taken on the establishment of this court, said a wide consensus of the vast majority of political parties and the opposition of the previous composition of the Assembly. I have full reason to believe that members of the Assembly of the Republic of Kosovo were aware of their decision, therefore for both sides it was clear that it is about a Court which will have two rooms, one in Kosovo and one in another state of the EU, but that trial procedures and serving of sentence will take place outside our country.
I would to emphasize a fact that we are all aware of this and for opinion, that the Resolution 1244 is still in power, which enables that such decision to take the Security Council of the United Nations. Kosovo declared its independence in February 17, 2008, based on the act which we have considered capable and responsible to take decisions on behalf of our citizens, even when they are heavy, so we need to be consistent in our responsibilities and commitments.
And in the end, I would like to emphasize that Kosovo is a serious state that implements the obligations arising from international agreements. Therefore, I should conclude that our country has created international obligations by Law no. 04 / L-274, dated 23 April 2014 on the Ratification of the International Agreement between the Republic of Kosovo and the European Union, based on the European Union Mission in Kosovo Rule of Law and proposal Decision for amending the Constitution and the issuance of legal basis for this court is an obligation arising from this law approved by the Assembly of the Republic of Kosovo, in coordination with the EU.
Consequently, it results that the recommendations of VV attached to interpellation motion are in contradiction with what the Assembly of Kosovo decided by the law, therefore, Government believes that as such those should not be supported by this Assembly.
We have a constitutional responsibility to implement the Law and the Constitution and meet international obligations.
Thank you!
Last modified: July 31, 2022