• COVID – 19: 313 new cases, seven deaths (media)
• Kosovo ex-PM Albin Kurti barred from running in election (BIRN)
• CEC spokesman: We’ll wait for decisions from Supreme Court (Indeksonline)
• Kosnett: Respecting court decisions vital to Kosovo’s democratic future (media)
• VV: ECAP acted in line with Daka, LDK and PDK (media)
• Haradinaj: Albin Kurti must not be stopped from running in elections (Kallxo)
• Kosovo’s prime time TV debates are becoming a farce (Prishtina Insight)
• Kosnett: Washington agreement remains in force until eventual change (media)
• Hague judge extends detention for Kosovo ex-commander (Balkan Insight)

COVID – 19: 313 new cases, seven deaths (media)

313 new cases of COVID – 19 and seven deaths from the virus were recorded in the last 24 hours in Kosovo. 275 persons have recovered from the virus during this time. There are 6,288 active cases of COVID – 19 in Kosovo.

CEC spokesman: We’ll wait for decisions from Supreme Court (Indeksonline)

Kosovo Central Election Commission (CEC) spokesman Valmir Elezi told the news website on Tuesday that they have received the decisions of the Elections Complaints and Appeals Panel (ECAP). “We will wait because they [parties] are also entitled to file complaints with the Supreme Court,” he added.

Kosovo ex-PM Albin Kurti barred from running in election (BIRN)

Kosovo’s election complaints panel barred former Prime Minister Albin Kurti, leader of the Vetevendosje party, from running for parliament in February’s elections because he was convicted of a crime under three years ago.

Kosovo’s Election Complaints and Appeals Panel decided on Tuesday that former premier Albin Kurti, leader of the country’s largest opposition party, Vetevendosje (Self-Determination), is not allowed to run as a candidate in the parliamentary elections on February 14.

Kurti was barred because he was found guilty of a criminal offence less than three years ago. Four other Vetevendosje members – Albulena Haxhiu, Liburn Aliu, Bajram Mavriqi, and Labinote Demi Murtezi – were also barred from running as candidates for the same reason.

Former prime minister Kurti and former justice minister Haxhiu were given suspended prison sentences by a Pristina court in January 2018 for setting off tear gas in parliament.

The MPs set off the tear gas in protest against plans to ratify a controversial deal to demarcate the border with neighbouring Montenegro, which they claimed deprived Kosovo of some land, and to establish an autonomous association of Serb-majority municipalities in Kosovo.

People who have been found guilty of a criminal offence in the last three years are not eligible to stand for parliament, according to Kosovo’s Law on General Elections.

The Election Complaints and Appeals Panel also did not certify 12 candidates from the Social Democratic Initiative, NISMA, a current governing coalition partner, and four candidates from the Alliance for the Future of Kosovo, AAK.

All of those who have been barred from standing can appeal against the decision to the Supreme Court.

Kosnett: Respecting court decisions vital to Kosovo’s democratic future (media)

Most news websites cover a statement issued by United States Ambassador in Kosovo, Philip Kosnett, on Tuesday, highlighting his remarks that “respecting court decisions is vital to Kosovo’s democratic future”. The statement notes:

When I returned to Kosovo as Ambassador two years ago, 15 years after my first assignment in Pristina, I was impressed by Kosovo’s achievements – self-government, new infrastructure, and a new generation of talented, educated, and energetic citizens working together to create a better future for Kosovo.

One of the goals toward which the people of Kosovo must work, together with the people of the United States, is the full application of the rule of law. My country is far from perfect in this regard, and we still struggle to build “the more perfect union” of which our Constitution speaks, with equal rights and equal justice for all. But we must never stop working to achieve this dream.

And as the criminal actions at the U.S. Capitol on January 6 demonstrated, democracy is fragile. But our institutions held. When the police had expelled the mob and secured the building, Congress resumed its deliberations and certified the election of a new President. Two weeks later that new President took office in accordance with our Constitution. I am confident America will emerge stronger than ever from this critical period, but there is a lot of work and a lot of heartache ahead.

Just as in the United States, there is more work to do for Kosovo to fulfill its promise. A key tenet of this effort must be for political leaders to respect judicial institutions and judicial decisions even when they may not care for the outcome. We continue to witness cases in which Kosovo institutions have failed to act within the law and enforce decisions of the judiciary.

One such example is the Decan Monastery/Visoki Dečani Monastery property case. In 2016, after many years of judicial proceedings, the Kosovo Constitutional Court confirmed the Serbian Orthodox Church’s ownership of several hectares of land. However, with the tacit support of senior officials and party leaders – throughout several governments led by different political parties, for nearly five years – local and central-level cadastral officials have failed to implement the decision by legally registering the church’s land.

Some reading this may shrug their shoulders, turn the page, scroll to the next story. Why should Kosovo citizens worry about the Serbian Orthodox Church?

Actually, I would argue that if Kosovo citizens are serious about their constitutional commitment to a multi-ethnic, diverse society with religious liberty for all, they should welcome the presence of minorities. And minority communities should welcome the opportunity to integrate fully into the political and economic life of the country. But that’s a discussion for another day. The Decan Monastery/Visoki Dečani Monastery case is not about ethnicity, politics, or religion; it is about property rights and respect for the law.

With the support of the international community, the church has repeatedly petitioned the government to uphold the law and register its land. The church’s recent efforts have been met with “administrative silence” – a refusal of the government to substantively respond to the church and act according to the law. It is long past time to register the church’s land in accordance with the law.

This failure to adhere to the rule of law, extended over years by several different Kosovo governments, calls into question Kosovo’s commitment to equal justice.

When court decisions are fully enforced it means the country has functional, unbiased, and democratic institutions, serving all its people. Can we say that today? Can any citizen – or any potential foreign investor – rely on Kosovo courts when Kosovo’s leaders can choose to ignore the courts whenever they like?

Kosovo has come a long way on its democratic path in a few short years. In this moment where democratic values are under assault around the world, I take inspiration from the people of Kosovo – their resiliency, their resolve to face challenges, and their dedication to building a democracy buttressed by respect for the rule of law. The United States will continue to stand with Kosovo and its people as it works to build that democratic future for all its citizens. There is no time to lose.

VV: ECAP acted in line with Daka, LDK and PDK (media)

Vetevendosje Movement (VV) said in a statement on Tuesday that the Elections Complaints and Appeals Panel (ECAP) made an absurd decision by not allowing VV leader Albin Kurti and several other party members from not running in the February parliamentary elections.

VV argued that the body acted “in line with three members of the CEC, Valdete Daka, and representatives of the LDK and PDK, by making up unfounded legal and constitutional arguments to produce this obstacle which is in fact a multiple injustice”.

A legal representative of Vetevendosje told media on Tuesday that they will file a complaint with the Supreme Court of Kosovo against the ECAP decision.

“They cannot stop Albin Kurti and the other candidates from running in the elections, because this is what the law says, and the Vetevendosje list will be presented full and victorious in the February 14 elections because this is what the people want,” the statement notes.

Haradinaj: Albin Kurti must not be stopped from running in elections (Kallxo)

Daut Haradinaj, one of the leaders of the Alliance for the Future of Kosovo (AAK), said in an interview on Kallxo Pernime on Tuesday that the Elections Complaints and Appeals Panel (ECAP) made a weird decision because it bans from running in the elections even people who have traffic fines.

“The new decision is weird, because it bans candidates from running even over a traffic fine. For Shemsedin Dreshaj and Shqipe Kastrati [AAK candidates for MPs] I know exactly that it is about traffic fines. One was fined €18 and the other was fined €12. I hope there is no political pressure because this is weird. We will follow all legal means up to the Supreme Court. We hope the Supreme Court will make a different decision,” he said.

Asked to comment on the decision not to allow Vetevendosje leader Albin Kurti to run in the February parliamentary elections, Haradinaj said: “Neither Mr. Kurti nor others must be banned from running in the elections.”

Kosovo’s prime time TV debates are becoming a farce (Prishtina Insight)

Opinion piece by Agron Demi, senior researcher at Prishtina-based GAP Institute and regular columnist in Prishtina Insight.

The journalists, analysts and political representatives on prime time TV shows are failing to address the pressing issues facing Kosovo ahead of February’s elections, and instead are turning public debate into a circus.

In the run up to the parliamentary election on February 14, the prime time slot on Kosovo’s six major television channels is almost completely dedicated to what are described as ‘political debates.’

However, even in a time when the country is facing a serious public health crisis in the shape of COVID-19 and an economic recession with soaring rates of unemployment, the focus of these debates is rarely on pressing public interest issues.

On very rare occasions, televised debates centre around political parties’ programmes and electoral promises, but only superficially, while concrete policies, facts, and statistics continue to be almost completely absent.

In place of informed debate is a circus. For more than two hours every night, five times a week, panels consisting nearly entirely of men swear, insult each other’s mothers, accuse each other of being charlatans and idiots, and occasionally physically assault one another, all live on TV.

It is a form of debate that plays only into the hands of politicians. It is far easier for representatives of political parties to enter into slanging matches that later go viral than into sincere discussions that hold them accountable for their policies and pledges.

With less than three weeks to go until the elections, the media should be equipping citizens with accurate, impartial and credible information, instead of trying to create entertainment through these artificial arguments.

Worse still, this form of debate is creating a media landscape where clickbait is more important than fact, and views are more significant than truth. Anchors on the debate shows often proudly read out their viewing figures during the show.

The topics that are subject to debate are rarely in the public interest, and regularly dictated by political manipulation of the media. Any sensationalist, and often contrived, argument between politicians that takes place during the day is then further debated in the evening, while issues from the past are also endlessly rehashed for a new audience.

This recycling of debates from the past in particular neglects a huge part of society – the youth. Nearly 50 percent of Kosovo’s population is under 25, and their priorities are not repeatedly going over issues from the 1990s, such as the ideological values of the Kosovo Liberation Army or the legacy of Ibrahim Rugova and the nature of ‘Rugovism.’

Another major issue is the composition of the panels, which are nearly always completely male-dominated. An analysis by S’Bunker of public broadcaster RTK’s DEBAT show revealed that in 115 debates, 382 guests were men and only 22 were women, excluding the voices of half of the population.

This current culture of debate is reducing politics to the level of a reality TV show, and risks increasing political apathy among huge swathes of the population. It is also preventing scrutiny of policies that affect all of our lives.

Ultimately, there can be no progress in a society in which public debate is focussed on topics that are only of interest to the political class. When the priorities of the public are neglected by journalists and so-called political analysts, politicians are freed from a fundamental duty in their job, being held accountable and responsible for the decisions they make.

Kosnett: Washington agreement remains in force until eventual change (media)

United States Ambassador in Kosovo, Philip Kosnett, said in an interview with RTK on Tuesday that the agreement on economic normalisation between Kosovo and Serbia signed in Washington in September last year, remains in force until an eventual change in the future.

“Last week during a hearing confirmation session at the U.S. Senate, Tony Blinken, Secretary of State-elect, said he applauds the work done by the Trump administration for Kosovo and Serbia. This is in the context of an answer to everyone’s question ‘if the Washington agreement is still in force? If the Biden administration aims to continue the work done by the previous administration?’ and the answer to both questions is yes. We consider the Washington agreement is in force until an eventual change in the future and I expect we will continue the work that was done earlier,” Kosnett said.

Hague judge extends detention for Kosovo ex-commander (Balkan Insight)

Salih Mustafa, a former Kosovo Liberation Army commander accused of committing war crimes, must remain in detention after a judge said he could interfere with witnesses or escape.

A judge at the Hague-based Kosovo Specialist Chambers, which was set up to try former Kosovo Liberation Army, KLA guerrillas for wartime and post-war crimes, ruled on Monday that Salih Mustafa must remain in custody in the Netherlands.

Turning down a defence request for Mustafa’s release, judge Nicolas Guillou said there was still a risk that he might abscond.

The judge said that the recent disclosure of prosecution evidence to the defence “increases the incentive for Mr Mustafa to flee as it elucidates the seriousness of the charges and makes more concrete the possibility of conviction and the possible imposition of a lengthy sentence”.

He also cited Mustafa’s “links to the Kosovo intelligence apparatus with resultant access to information and resources, and ability to travel freely to countries not requiring a visa” as reasons why he could abscond.

Guillou expressed concern that Mustafa could interfere with witnesses, given his knowledge of the evidence.

He explained that “the limited temporal and geographical scope of the case would facilitate the process of identifying and interfering with the victims and witnesses, especially for an experienced intelligence officer such as Mr Mustafa”.

He said there is also a risk that Mustafa might commit further crimes, because in June 1999 he publicly boasted at a press conference about the execution of Serbs.

Mustafa, known during the war as Commander Cali, was arrested in Kosovo in September 2020 and has been held in custody since then.

He is accused of murder, torture and inhumane treatment.

According to the indictment, Mustafa, together with other members of the KLA, known by the nicknames ‘Tabuti’, ‘Ilmi Vela’, ‘Bimi’, ‘Dardani’ and ‘Afrimi’, illegally detained at least six people at a compound in the village of Zllash/Zlas in April 1999 during the Kosovo war.

The prisoners were locked in a stable and subjected to cruel treatment and torture in order to obtain information or statements, the indictment claims.

It also charges Mustafa with involvement in the murder of one of the detainees, claiming he was at the compound in Zllash/Zlas when members of the KLA beat and killed the prisoner.

Mustafa pleaded not guilty at his first court appearance in October.

The Specialist Chambers were set up to try crimes allegedly committed during and just after the Kosovo war from 1998 to 2000. They are part of Kosovo’s judicial system but located in the Netherlands and staffed by internationals.

They were set up under pressure from Kosovo’s Western allies, who feared that Kosovo’s justice system was not robust enough to try KLA cases and protect witnesses from interference.

But the so-called ‘special court’ is widely resented by Kosovo Albanians who see it as an insult to the KLA’s war for liberation from Serbian rule.