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DR. VJOSA OSMANI SADRIU
PRESIDENT OF THE REPUBLIC OF KOSOVO
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Clarification of the Office of the President

Office of the President of the Republic of Kosovo expresses its deep regret for the fact that the Judicial Council of Kosovo, an however much independent institution, did not take into consideration the decision of the President not to nominate the judge Enver Shabanaj, judge who dealt with the case of Diana Kastrati, who lost her life due to inaction towards her protection.

Office of the President of the Republic of Kosovo emphasizes that the responsibility for the re-nomination of the judge Enver Shabanaj, with a permanent mandate, even though not nominated initially, rests with the Judicial Council of Kosovo, in accordance with the legislation in force.

President of the Republic of Kosovo, in accordance with the laws in force, cannot return the second nomination made by the JCK.

The Office of the President of the Republic of Kosovo, would like to clarify it to the public opinion that the re-nomination of the judge Enver Shabanaj, which was made after the repeated nomination by the JCK. The repeated nomination by the JCK for the nomination of the same judge has been made irrespective of the decision of the President of the Republic of Kosovo, in December of last year, not to re-nominate the above mentioned judge due to the violations committed on Diana Kastrati case, also documented by a verdict of the Constitutional Court.

Office of the President of the Republic of Kosovo would like to clarify that after the repeated proposal by JCK for the re-nomination of the judge Shabanaj, refused for re-nomination in December last year, the Office of the President of the Republic of Kosovo has requested additional information related to the proposal procedure for the second time by the JCK on the re-nomination of the judge Enver Shabanaj.

On March 21st, 2014, the Office of the President has received the letter from the JCK, with the information on the procedures followed for the re-nomination of the above mentioned judge. The same letter also states that JCK has unanimously decided to bring forward the proposal for the re-nomination of Mr. Enver Shabanaj. 
 
Based on the decision Nr. 24 of March 5th, 2014 of the Judicial Council of Kosovo, received by the Office of the President on March 10th, 2014, the letter sent by JCK with additional information dated March 21st, 2014, and also based upon the Article 84, section 4, Article 104, section 1, Article 105, section 1 of the Constitution of the Republic of Kosovo, Article 18, section 1 of the Law Nr. 03/L-223 on the Judicial Council of Kosovo,  and taking into consideration the Commentary of the Constitution of the Republic of Kosovo, published in December 2013, President of the Republic of Kosovo, has re-nominated the above mentioned judge.

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