“A victim’s personal interest and rights in the criminal proceedings before the Specialist Chambers are notification, acknowledgment and reparation."

The relevant provisions regarding reparations before the Kosovo Specialist Chambers can be found in the Law on Specialist Chambers and Specialist Prosecutor’s Office (Law No. 05/L-053).

Article 22 of the Law provides that the Trial Panel may in its judgment include a decision on the scope and extent of any damage, loss and injury to, or in respect of, victims or may limit its decision to the identity of victims.

If an accused is found guilty, the Trial Panel may:

  1. make an order directly against the accused specifying appropriate reparation to victims collectively or individually or

  2. refer Victims to civil litigation in the other courts in Kosovo.

 

Article 44 of the Law further specifies that the Specialist Chambers may order only the convicted person to make restitution or pay compensation to a victim or victims collectively or may order the forfeiture of property, proceeds and any assets used for or deriving from the commission of the crime and their return to their rightful owner and sale and share between victims under Article 22 (“a Reparation Order”).

Case of Prosecutor v. Mr Salih Mustafa (KSC-BC-2020-05)

The Trial Panel conducted the reparation proceedings in parallel with the criminal proceedings and at quite an early stage in the proceedings appointed three experts. The experts were requested to prepare a report clarifying whether the national courts in Kosovo offered a realistic avenue for the victims of the crimes in this case to claim reparations. All three experts came to a similar conclusion, namely that referring victims to the courts in in Kosovo would not a feasible possibility (link to reports).

On 4 February 2022, the Panel issued a decision in which it ruled that in case of a conviction, it will not refer victims to civil litigation in Kosovo courts pursuant to Article 22(9) of Law but will issue a Reparation Order (link to decision).

The Reparation Order was issued on 6 april 2023 following the conviction of Mr Mustafa. Here is the link to the press release while the public redacted version of the order can be found here. 

Case of Prosecutor v. Mr Pjetër Shala (KSC-BC-2020-04)

The Reparation Order was issued on 29 November 2024 following the conviction of Mr Shala. Here is the link to the press release.