Featured Image

The Ombudsperson presented the report on the Specialist Chambers and the Specialist Prosecutor’s Office

14/10/2026

Pristina, October 14, 2026 – The Ombudsperson, Mr. Naim Qelaj, presented a report outlining his views and concerns regarding the functioning of the Kosovo Specialist Chambers and the Specialist Prosecutor’s Office. The report focuses on respect for fundamental human rights and freedoms, guarantees for a fair and impartial trial, as well as institutional transparency and accountability.

The presentation was attended by representatives from the Kosovo Judicial Council, embassies accredited in the country, the Council of Europe, the EU Office, civil society organizations, and the Academy of Sciences and Arts of Kosovo. At the outset, the Ombudsperson clarified that the President of the Specialist Chambers had also been invited to the meeting but did not deem it appropriate to attend.

The report outlines the Ombudsperson’s activities since 2021, including visits and meetings conducted and concerns raised by the parties involved. It also incorporates a preliminary independent assessment prepared by the Bar Human Rights Committee of England and Wales (BHRC), an organization experienced in monitoring international courts and tribunals.

The Ombudsperson emphasized that the report aims to assess compliance with constitutional and international human rights standards—including the guarantee of standards essential for all parties involved in the proceedings (such as the accused and victims) and for the credibility and integrity of the justice system—without evaluating ongoing cases or court rulings.

The Ombudsperson has consistently raised concerns regarding the duration of pre-trial detention and the possibilities for provisional release, the admissibility and reliability of evidence, the equality of arms between the defense and the prosecution, and the right to a competent, independent, and impartial tribunal established by law.

Particular attention in the report is paid to the lack of transparency and accountability, as well as the absence of independent mechanisms to monitor the functioning of the Specialist Chambers. In the Ombudsperson’s assessment, these issues require institutional attention and further clarification so that the public and the institutions of the Republic of Kosovo can evaluate adherence to human rights standards. “The Special Court has not been subject to democratic monitoring and oversight by the institutions of the Republic of Kosovo, resulting in a lack of transparency and accountability towards the citizens and institutions of Kosovo,” he said.

The Ombudsperson assessed that the institutions of the Republic of Kosovo should play an active role in addressing the identified concerns with the relevant international bodies. Furthermore, it is important for the European Union and the Council of Europe, within the scope of their responsibilities, to consider establishing an independent mechanism to evaluate the functioning of the Specialist Chambers.

Among the recommendations, the Ombudsperson calls on the Assembly and the Government of Kosovo to support the creation of an independent and professional mechanism to monitor judicial proceedings at the Specialist Chambers. The report also recommends that the identified concerns be addressed to the Council of Europe and other international mechanisms.

The Ombudsperson reiterated that the right to a fair and impartial trial, respect for fundamental rights, and institutional accountability are prerequisites for credible justice. These standards are important for protecting the rights of the accused, as well as the rights of victims and public confidence in the justice process.