Interim-verdrag tussen het Koninkrijk der Nederlanden en de Republiek Kosovo betreffende de vestiging van de Kosovo Relocated Specialist Judicial Institution in Nederland

The Kingdom of the Netherlands and the Republic of Kosovo,

Referring to the Constitution of the Republic of Kosovo, as amended by Amendment No. 24 of 3 August 2015, Article 162, authorizing the establishment of Specialist Chambers and a Specialist Prosecutor’s Office in order to comply with the international obligations of the Republic of Kosovo in relation to the Council of Europe Parliamentary Assembly Report Doc 12462 of 7 January 2011;

Referring to the exchange of letters between the President of the Republic of Kosovo and the High Representative of the European Union for Foreign Affairs and Security Policy dated 14 April 2014, ratified by Kosovo Law No. 04/L-274 of 15 May 2014, containing the commitment of the Republic of Kosovo to establish Specialist Chambers and a Specialist Prosecutor’s Office within the Kosovo judicial system to be used for trial and appellate proceedings arising from the investigation of the Special Investigative Task Force of the Special Prosecution Office of the Republic of Kosovo related to the Council of Europe Parliamentary Assembly Report Doc 12462 of 7 January 2011 and which may be relocated to a third State subject to the conclusion of a Host State Agreement with the Host State;

Referring to Kosovo Law No. 05/L-053 on Specialist Chambers and Specialist Prosecutor’s Office establishing the Specialist Chambers within the Kosovo justice system and the Specialist Prosecutor’s Office to fulfil Kosovo’s international obligations undertaken in Law No. 04/L-274 in relation to allegations of certain crimes reported in the Council of Europe Parliamentary Assembly Report Doc 12462 of 7 January 2011 and which have been the subject of criminal investigation by the Special Investigative Task Force of the Special Prosecution Office of the Republic of Kosovo;

Wishing to conclude an interim agreement on the hosting by the Netherlands of the Kosovo Specialist Chambers and Specialist Prosecutor’s Office to ensure the smooth and efficient functioning of the Kosovo Specialist Chambers and Specialist Prosecutor’s Office in the Netherlands;

Have agreed as follows:

PART I. GENERAL PROVISIONS

Article 1. Use of terms

Vervallen

Article 2. Purpose and scope of this Agreement

Vervallen

Article 3. Seat of the Kosovo Relocated Specialist Judicial Institution

Vervallen

PART II. STATUS OF THE KOSOVO RELOCATED SPECIALIST JUDICIAL INSTITUTION

Article 4. Juridical personality

Vervallen

Article 5. Privileges, immunities and facilities

Vervallen

Article 6. Inviolability of the premises

Vervallen

Article 7. Protection of the premises and their vicinity

Vervallen

Article 8. Law and authority on the premises

Vervallen

Article 9. Public services for the premises

Vervallen

Article 10. Flag, emblem and markings

Vervallen

Article 11. Funds, assets and other property

Vervallen

Article 12. Inviolability of archives, documents and materials

Vervallen

Article 13. Facilities in respect of communications

Vervallen

Article 14. Freedom of financial assets from restrictions

Vervallen

Article 15. Exemption from taxes and duties for the Kosovo Relocated Specialist Judicial Institution and its property

Vervallen

Article 16. Exemption from import and export restrictions

Vervallen

PART III. PRIVILEGES, IMMUNITIES AND FACILITIES ACCORDED TO PERSONS UNDER THIS AGREEMENT

Article 17. Privileges, immunities and facilities of the judges, the Specialist Prosecutor, Deputy Specialist Prosecutor, and the Registrar and the Deputy Registrar

Vervallen

Article 18. Privileges, immunities and facilities of staff

Vervallen

Article 19. Personnel recruited locally and not otherwise covered by this Agreement

Vervallen

Article 20. Interns

Vervallen

Article 21. Experts

Vervallen

Article 22. Counsel and persons assisting counsel

Vervallen

Article 23. Persons other than suspects, accused, witnesses and victims who are required to be present at the seat of the Kosovo Relocated Specialist Judicial Institution

Vervallen

Article 24. Employment of Family members of the judges, the Specialist Prosecutor, the Deputy Specialist Prosecutor, the Registrar, the Deputy Registrar and staff

Vervallen

Article 25. Exceptions to immunities

Vervallen

PART IV. WAIVER OF PRIVILEGES AND IMMUNITIES

Article 26. Waiver of privileges, immunities and facilities provided for in Articles 17, 18, 19, 20, 21, 22 and 23

Vervallen

PART V. COOPERATION BETWEEN THE KOSOVO RELOCATED SPECIALIST JUDICIAL INSTITUTION AND THE HOST STATE

SECTION 1. : GENERAL

Article 27. General cooperation between the Kosovo Relocated Specialist Judicial Institution and the Host State

Vervallen

Article 28. Cooperation with the competent authorities

Vervallen

Article 29. Notification and Identification Cards

Vervallen

Article 30. Social security regime

Vervallen

SECTION 2. : VISAS, PERMITS AND OTHER DOCUMENTS

Article 31. Visas for the judges, the Specialist Prosecutor, the Deputy Specialist Prosecutor, the Registrar, the Deputy Registrar and staff

Vervallen

Article 32. Visas for experts, interns, counsel, and persons referred to in Article 23

Vervallen

Article 33. Driving licence

Vervallen

SECTION 3. : SECURITY, OPERATIONAL ASSISTANCE

Article 34. Security, safety and protection of persons referred to in this Agreement

Vervallen

PART VI. FINAL PROVISIONS

Article 35. Supplementary arrangements and agreements

Vervallen

Article 36. Settlement of disputes with third Parties

Vervallen

Article 37. Settlement of differences on the interpretation or application of this Agreement or its supplementary arrangements or agreements

Vervallen

Article 38. Costs

Vervallen

Article 39. Application

Vervallen

Article 40. Amendments

Vervallen

Article 41. Entry into force

Vervallen

Article 42. Duration and termination

Vervallen

IN WITNESS WHEREOF, the undersigned, duly authorized thereto, have signed this Agreement.

DONE at Pristina on 26 January 2016 in duplicate, in the English language.

For the Kingdom of the Netherlands,

GERRIE WILLEMS

Ambassador

For the Republic of Kosovo,

HASHIM THAÇI,

First Deputy Prime Minister and Minister of Foreign Affairs

PART I. GENERAL PROVISIONS

PART II. STATUS OF THE KOSOVO RELOCATED SPECIALIST JUDICIAL INSTITUTION

PART III. PRIVILEGES, IMMUNITIES AND FACILITIES ACCORDED TO PERSONS UNDER THIS AGREEMENT

PART IV. WAIVER OF PRIVILEGES AND IMMUNITIES

PART V. COOPERATION BETWEEN THE KOSOVO RELOCATED SPECIALIST JUDICIAL INSTITUTION AND THE HOST STATE

SECTION 1. : GENERAL

SECTION 2. : VISAS, PERMITS AND OTHER DOCUMENTS

SECTION 3. : SECURITY, OPERATIONAL ASSISTANCE

PART VI. FINAL PROVISIONS