Kurti veut faire la troisième république

Enver Hasani, former president of Kosovo's Constitutional Court, has made several controversial statements regarding ongoing legal processes and political developments in the country. His remarks have centered around the potential submission of cases against former leaders of the Kosovo Liberation Army (KLA) to the European Court of Human Rights in Strasbourg, France, as well as allegations about the government's intentions to alter constitutional structures. These comments come amid a broader debate over judicial independence, the rule of law, and the legitimacy of current governance in Kosovo.

Hasani criticized the delay in the verdict of the Special Court, which was initially scheduled to announce its decision on June 20, but has now been postponed to September 16. He argued that this delay could lead to violations of international human rights standards if the case were to be referred to the European Court of Human Rights. According to Hasani, the volume of evidence presented in the trial might justify such a referral, highlighting concerns about the procedural fairness of the process. However, he also pointed out that Kosovo lacks the legal standing to submit a complaint to the Strasbourg court because it is not a member of the Council of Europe.

In addition to his comments on the Special Court, Hasani addressed the broader implications of the Russia-Ukraine war on the perception of justice in Kosovo. He drew a stark contrast between the ongoing conflict in Ukraine, where Russian forces are accused of causing significant civilian casualties daily, and the prolonged judicial proceedings against former KLA leaders. Hasani suggested that the latter case, involving charges related to hypothetical instances of killings, appears disproportionate given the scale of violence witnessed elsewhere. This comparison underscores his belief that the international community should reconsider how it approaches accountability for past conflicts, particularly when they involve movements that contributed to national liberation.

Hasani further alleged that Prime Minister Albin Kurti aims to establish a "third republic" within Kosovo, implying a fundamental shift in the country's constitutional framework. He claimed that the non-enforcement of decisions made by the Constitutional Court indicates an intent to undermine the existing constitutional order. Hasani emphasized that the establishment of a new republic would require a new constitution, suggesting that the current administration's actions reflect a desire to overturn established legal norms. He also mentioned that the Constitutional Court had faced intimidation, including public humiliation of judges and threats at all levels of authority, which he described as attempts to conceal underlying issues.

The discussion of constitutional change led Hasani to highlight the importance of the Declaration of Independence and the Constitution of Kosovo in the context of international law. He noted that the Declaration of Independence holds unilateral legal significance internationally, meaning that any state can challenge it in court. Hasani stressed that the principle of the rule of law, central to European jurisprudence, is enshrined in both the Declaration of Independence and the Constitution of Kosovo. He warned that imposing the will of the majority on minority groups without their consent could lead to serious problems, emphasizing the need for broad support from diverse communities before any constitutional amendments are considered.

Meanwhile, other developments in Kosovo include the rejection of appeals by the Electoral Commission (PZAP) concerning the results of the July 7 elections. Five complaints, including one filed by Bekim Haxhiu, were denied by PZAP, prompting some individuals to consider appealing directly to the Supreme Court. The Supreme Court has yet to accept any such appeals, and the deadline for submitting these challenges is approaching. Haxhiu confirmed that he plans to pursue this avenue, indicating the growing tension surrounding electoral integrity and the legitimacy of the current political landscape in Kosovo.