Why was Belgium chosen for the Special Court convicts to serve their sentences?

The Kosovo Specialist Chambers, based in The Hague, have announced that they have reached an agreement with Belgium, so that those convicted by this court can serve their prison sentences in this country.

“By signing this agreement, the Kingdom of Belgium reaffirms its strong commitment to international criminal justice and the ability of the Specialist Chambers to carry out their mandate,” said the President of the Specialist Chambers, Ekaterina Trendafilova, according to a press release.

It is worth mentioning that the trial against former President of Kosovo, Hashim Thaçi, former MP Rexhep Selimi, and former Speakers of Parliament, Kadri Veseli and Jakup Krasniqi, is continuing at the Specialist Chambers in The Hague.

Burjani: There may be reactions, but not like before

Lawyer Blerim Bujrani, in a response to "Bota Sot", says that Belgium is the next country to accept convicts from the Kosovo Specialized Chambers, due to the stricter control and higher care for prisoners.

According to him, Kosovo, although it has the legal right to have sentences carried out in the country, does not enjoy international trust on this issue.

 "Belgium has been designated as a country where control is stricter, as well as the care of prisoners, but also because it has accepted the agreement to receive the convicts. Until now, the Netherlands has been the place where the prisoners have been held. This is not about international justice - Kosovo has the full legal and international right for prisoners to serve their sentences in their own country, but Kosovo is not trusted in this matter, so the only way remains to hold the sentence in another country.

There may be reactions, but not like before. Kosovo is immersed in great economic poverty, which could bring even greater crises and protests in the future, or it will face a massive exodus of citizens. Here in Kosovo there is no security whatsoever – neither economic, nor health, nor social – so it is completely absent.

"Kosovo is a state of political parties, but not of its citizens. The Assembly failed to be constituted 32 times. Even if all institutions are constituted, huge economic problems await us behind - let alone if they are not formed at all," he declares.

A legal decision

Nijazi Halili, a researcher of political science and international relations, commented on the decision to send convicts from the Kosovo Specialized Chambers to Belgium for "Bota Sot", emphasizing that, although it is a legal decision, it has deep political and emotional resonance in Kosovo.

According to him, many citizens perceive this as a departure from justice in Kosovo and a harsh treatment of the history of the liberation war and KLA figures.

Furthermore, he adds that this is not simply a technical action, but an act of profound significance for the collective sense of justice in the country.

“In response to the questions posed, I would like to emphasize that the decision for the convicted persons from the Kosovo Specialist Chambers to serve their sentences in Belgium is, in essence, a legal decision. However, it undoubtedly carries political and emotional resonances in the Kosovar public opinion.

"This decision should not be seen only as a technical matter of transferring prisoners to a country with high penitentiary standards. On the contrary, it is perceived by a significant part of the citizens as a continuation of the removal of justice from Kosovo itself. For many, this means a symbolic act of condemnation of the history of the liberation war and a reinforcement of the conviction that the Kosovo Liberation Army and its key figures are being treated with a special and harsher standard," he states.

Finally, he adds that the decision for those convicted by the Specialist Chambers to serve their sentences in Belgium is expected to cause strong reactions in public opinion.

"Reactions in public opinion are expected to be sensitive for several essential reasons:

1. The practice of serving a sentence also left the country, which for a part of society symbolizes a double punishment - not only criminal, but also identity and moral.

2. Distrust of the Specialist Chambers is already deep and widespread. This decision can be interpreted as confirmation of perceptions of a biased and unfair system.

3. The families and supporters of the prisoners experience this as not only a physical separation, but also as a deprivation of contact with them, due to the geographical distance and practical difficulties in carrying out visits.

"In this context, the need for Kosovo institutions to act with prudence, caution and transparency is highlighted. They must clearly inform the public about the legal and technical reasons that led to this decision, as well as seek to guarantee the human rights and dignity of the convicted. Otherwise, there is a real risk that this development will become a topic for political rhetoric and further deepen the divisions between institutions and society," he concludes for "Bota sot".

Otherwise, the Trial Panel at the Special Court in The Hague has set June 12 as the deadline for the defense teams of Hashim Thaçi, Kadri Veseli, Rexhep Selim and Jakup Krasniqi to submit a joint motion to dismiss the indictment, while the Prosecution must submit its response by July 7./Botasot