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Special Court foresees also arrest of those carrying positions of President, PM or Assembly President (infokusi.com)

By   /  18/01/2016  /  No Comments

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Drafters of the Law for the specialized chambers and the office of the specialized prosecutor have foreseen the possibility that the President, the Prime Minister and the President of the Assembly could be among the eventual suspects.

Even though the Law endorsed in August of the last year, in accordance with the criminal justice, sanctions individual responsibility of the potential committers of crimes, (without exclusions) it appears that its drafters were not pleased only with this. They have specifically normed responsibility of the individuals that could be leading the three main institutions of Kosovo.

Article 16.1 (b) decisively stresses that “the official position of the accused, be it the President of the state, Prime Minister or government official, does not release this individual from criminal responsibilities, and it does not soften their sentence.” It is clear that the Law is not referring to the positions of the individuals during the time they committed crimes but to their positions at the time of their indictments.

It appears that EU experts were quite vigilant and did not want to leave any gap or space that would enable some kind of trade that would enable avoiding of responsibility, by being elected or by holding any of the most senior positions of the country.

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