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;
1.
Without prejudice to the privileges, immunities and facilities provided in this Agreement, the competent authorities shall take effective and adequate action which may be required to ensure the security, safety and protection of persons referred to in this Agreement, indispensable for the proper functioning of the Kosovo Relocated Specialist Judicial Institution, free from interference of any kind.
2.
The Kosovo Relocated Specialist Judicial Institution shall cooperate with the competent authorities to ensure that all persons referred to in this Agreement observe the directives necessary for their security and safety, as given to them by the competent authorities.
3.
Without prejudice to their privileges, immunities and facilities, it is the duty of all persons referred to in this Agreement to observe the directives necessary for their security and safety, as given to them by the competent authorities.