Prishtina, May 6, 2026 – The Ombudsperson of the Republic of Kosovo, Mr. Naim Qelaj, has formally addressed the funding states of the Kosovo Specialist Chambers, submitting the report “Preliminary Review of the Kosovo Specialist Chambers” and detailing critical concerns arising from its findings.

This letter, transmitted via diplomatic channels, was addressed to the US Secretary of State, Mr. Marco Rubio, as well as to the US Department of Justice. Parallel communications were shared with the foreign ministers of Switzerland, Norway, Turkey, and Canada. Additionally, the report was submitted to Ms. Ursula von der Leyen, President of the European Commission, Ms. Kaja Kallas, High Representative of the EU for Foreign Affairs and Security Policy, Ms. Roberta Metsola, President of the European Parliament, Ms. Despina Chatzivassiliou-Tsovilis, Secretary General of the Parliamentary Assembly of the Council of Europe, Mr. Alain Berset, Secretary General of the Council of Europe, and Mr. Michael O’Flaherty, Commissioner for Human Rights of the Council of Europe.

In this correspondence, the Ombudsperson articulates reservations regarding fair trial guarantees within the Kosovo Specialist Chambers (KSC), as identified by the Bar Human Rights Committee of England and Wales (BHRC).

Mr. Qelaj emphasized that his Institution has maintained rigorous oversight of fundamental rights and detention conditions at the KSC. He further stressed that driven by serious and persistent concerns over judicial integrity, the Ombudsperson commissioned the BHRC to conduct an independent preliminary review of the proceedings in the KSC.

This report documents significant challenges to fundamental procedural guarantees afforded to the accused – most notably the right to a fair, transparent, and impartial trial. These principles represent the bedrock of guarantees under international human rights law and international criminal justice.

The Ombudsperson further underscored that the right to a fair trial is enshrined in Article 14 of the International Covenant on Civil and Political Rights (ICCPR) and Article 6 of the European Convention on Human Rights (ECHR), both directly applicable within Kosovo’s legal framework via its Constitution. These provisions guarantee, inter alia, the right of every individual to a fair and public hearing by a competent, independent and impartial tribunal; the presumption of innocence; provision of adequate time and facilities for preparing the defence; equality of arms between the prosecution and the defence; and transparency in judicial proceedings.

The letter emphasizes that these internationally recognized standards are indispensable safeguards, essential for maintaining the legitimacy and credibility of proceedings within international or hybrid judicial mechanisms.

The Ombudsperson underlined that the court’s practices must strictly adhere to the highest international standards of fairness, transparency, and judicial independence. He noted that addressing the deficiencies identified in the report is imperative, not only to safeguard the procedural rights of the accused but to protect the very credibility and integrity of the judicial process itself.

In his communication, the Ombudsperson reaffirmed that the Republic of Kosovo remains steadfast in its commitment to international justice, accountability, and the rule of law. Mr. Qelaj stressed that Kosovo has fully upheld its international obligations, notably through the constitutional amendments and implementing legislation that established the Kosovo Specialist Chambers in The Hague. This, he noted, reflects Kosovo’s unambiguous willingness to contribute to global accountability mechanisms and uphold the highest tenets of justice.

Finally, the Ombudsperson highlighted that Kosovo’s senior political representatives voluntarily submitted to the Court’s jurisdiction to address the charges against them. He asserted that such cooperation demonstrates a profound institutional commitment by the Republic of Kosovo and its leadership to the principles of accountability, judicial cooperation, and respect for international legal processes.

You can read the full report here: https://bit.ly/4wagh8N