Pristina, September 21 2019 – Kosovo Law Institute (KLI), with the support of US State Department – International Narcotics Bureau and Law Enforcement Matters (INL) and NED, on Saturday, held press conference, on which has published the analytical report: “Serious Crimes in Kosovo, law VS practice (Analysis of prosecution policies and convictions in cases treated at the Serious Crimes Departments of the Basic Courts in the Republic of Kosovo, special analysis of treatment of criminal offense cases of terrorism)”.
Report is a detailed analysis of cases of the Serious Crimes Department (SCD) at seven Basic Prosecutions and seven Basic Courts, for the period January 1 2019 – June 30 2019. For the same period, the report treats in a particular way cases of terrorism which are monitored by the KLI.
Gzim Shala, researcher from the KLI, said that although Kosovo has an advanced legal framework, on international reports now is qualified as “captured state” whereas the judicial system is qualified as “easy influenced by politics”.
Further, Shala said that from the analysis that KLI did to the SCD of the seven Basic Courts, has resulted that despite the raise of number of judges in those departments, we have the reduction of number of resolved cases.
“Data show that year by year, regardless increase of number of judges, reduction of number of received cases, it results that SCD of the Basic Courts have reduced their effectiveness in resolving cases. Since 2016 until 2019, number of judges at the SCD of the Courts is increased for 19%, whereas effect of this raise has not resulted with the raise of number of resolved cases, but on the contrary has had 334 less resolved cases. Low efficiency results that has been also at the four SCD’s of the Basic Prosecutions, where according to reports of the State Prosecutor it turns out that they have failed to meet the orientation norm. Regardless this performance, in official reports of the Councils it is not highlighted any concrete measure towards improvement of the situation”.
According to Shala, concerning continues to be also the occurrence of prescription or seniority of cases where at all SCD’s, for 18 months are 67 prescribed cases, 12 of which are corruption cases.
Sabina Pergega, researcher at the KLI has presented report’s findings regarding cases of terrorism, where according to her, it results that the justice system has treated these cases more adequately compared to cases of other nature.
However, Pergega highlighted that in monitored cases of terrorism, KLI has found violation of legal deadlines, also including the cases of unlawful keeping of the defendants in detention on remand. “In another case, KLI has found that for one single case the defendant was faced with 9 court proceedings, due to the often return of the case in retrial”.
Valentina Shahini – Grajçevci has presented KLI’s recommendations regarding treatment of cases by the SCD of the Courts and the Basic Prosecutions.
Among others, Shahini – Grajçevci has recommended that the KJC and the KPC to make a comprehensive analysis of load of the SCD with cases, in order to be able to undertake steps for stabilization of these departments, especially regarding cases which are transferred year by year.
Also, Shahini – Grajçevci has recommended that the KJC to hold responsible judges, judgments of whom that were returned several times in retrial, including judges of first and second instance, of which the judgments were quashed. She highlighted that the KJC should address the occurrence of prescription or seniority of cases as well as increase of occurrence of keeping of persons in detention on remand unlawfully.
For more, find attached the report: Serious Crimes in Kosovo, law VS practice (Analysis of prosecution policies and convictions in cases treated at the Serious Crimes Departments of the Basic Courts in the Republic of Kosovo, special analysis of treatment of criminal offense cases of terrorism)