Pristina, 3rd September 2015 – Kosovo Law Institute (KLI) reacts strongly for the implementation of selective justice from the institutions of justice.
KLI supports justice institutions in efficient and effective fight against all law violators without distinction, applying practices and high standards and uniform as defined with Constitution, laws and international standards. While fighting crime from the institutions authorized by law, KLI requires from the same to exercise their functions in independent, impartial way, and in front of law to ensure equal treatment, objective and unprejudiced for all persons regardless of gender, race, national or social origin, associations or political connections, religious faith, health condition and deficiencies, or social position, as is defined by the law. The exercise of these powers must be done in efficient and effective way and in accordance with the Constitution, applicable laws and internationally accepted principles for non-discrimination, human rights and fundamental freedoms.
Case of the defendant A.M. is a clear indicative of fragilities and implementing of justice in selective way and persecution that is implemented by the prosecutors and courts in Kosovo. Investigation, criminal prosecution and the trial of the case within relatively short time, affects directly on the perception of public that interfering’s of politics are inevitable in this important section that for mandate have law enforcement.
Initiation, investigation and first judgment scale in a relatively short term of case of the defendant A.M. creates perception that implementation of justice by justice system is done in selective way. Such a conclusion, KLI supports it in facts that are hundred cases of threats of the same nature as case of the defendant A.M., which are also made public and for which there was no efficiency by justice authorities. Fact that in this review case in relatively short time has been involved as victim’s high state officials or families of high state officials, it creates doubts for direct impacts of politics or subordination of holders of the prosecutorial and judicial against politics.
KLI greets and encourages solution of each denounced case and punishment of every law violator, but requests this to be implemented in equal way for all and in all cases, as guaranteed with positive legislation and international standards.
KLI estimates that is unacceptable that the law enforcements in justice authorities, do not prove the same efficiency and will to fight with success related criminal acts, corruption or other criminal acts when suspects are political figures or their family. This is proved too easy with prolonged procedures of investigations, prosecutions, or marathon procedures when it comes to people of politics or people with influence in Kosovo.
KLI raises concern for implementation of selective justice and requires efficiency of accountability mechanism to keep responsible all those implementing the law, which have not shown willingness to solve dozens cases where threatened and intimidated are ordinary citizens, journalists and other representatives of media. In these cases the law enforcements, procedures are lasting for years, and don’t treat cases at all, and a large number of them closed due reaching the statutory deadline of criminal prosecution, and with this amnesty perpetrators of these acts by prosecution and trial for criminal acts committed. While, independence of judicial and prosecutorial system is guaranteed with Constitution and law, its implementation in practice, continuously proves the opposite, applying double standards by prosecutors and courts itself, treating citizens of Kosovo unequally, depending on their position in society or politics and business connections.
Implemented practice in case of A.M., if the same compares with developed practices in other cases of citizens, or with other cases when were threatened journalists, representatives of civil society, deputy, or other officials, which do not have political support, interfere with internationally accepted principles for non-discrimination, human rights and fundamental freedoms, applying selective and persecutory justice.
Judicial and prosecutorial system in above mentioned case has failed to prove and to convince public that has decided in independent way, impartial and equal, and politically unaffected taking into consideration that the threat is directed against the son of the Prime Minister and a Minister in the government. Independence of the judicial and prosecutorial system while treating cases constitutes an essential element in a democratic society where there is the rule of law.
KLI reminds that in order to be certified that a court is independent (according to article 6 paragraph 1 of European Convent for the human rights) in a democratic society, key role plays, public confidence and the court appearance in the public eye, in relation to the defendant during the judicial process. (Case Shahiner v. Turkey, 44).
In case of the defendant A.M. which was completed in the first instance in relatively short term and incomparable to other case, where threatened are high state officials and their families, proves that these facts rightly perceive treatment of this case by the judiciary as implementation of selective justice.