December 16, 2011 – Kosovo Law Institute (KLI) has for three years carefully followed the process of reappointment and appointment of judges and prosecutors in Kosovo. Despite the shortcomings identified during this process, mainly of administrative nature, this process has resulted in strengthening the rule of law and increasing citizens confidence in the justice system in the country.
This process has been very necessary and important to filter judges and prosecutors who in their actions and inactions have created a system that least served to share justice for citizens. Citizen’s confidence had fallen to the lowest possible scale as a result of the poor response of this system to their demands as well as the assessments made by local and international organizations. Given the importance of this social problematic, the international community and civil society in Kosovo have invested in this process financial means, human capacities, and time to successfully conclude this process.
Upon completion of this process on October 2010, the Judicial Council and Kosovo Prosecutorial council continued with the recruitment of judges and prosecutors for vacancies and new posts proclaimed in the judicial and prosecutorial system. Finally, the KLI has noticed the tendency to return to the justice system, prosecutors or judges, who after the reappointment process were not worthy of staying in the judicial positions due to violations certified by the Independent Judicial and Prosecutorial Commission. Even these judges and prosecutors have been some of those who have contributed to the non-fighting of harmful phenomena for Kosovo society and worse than that, it has been proven that the same have contributed directly to such phenomena.
KLI requires from the Kosovo Judicial Council and the Kosovo Prosecutorial Council not to take action that further undermines the credibility of the judicial and prosecutorial system in Kosovo. Following the selection of candidates, the Judicial Council and the Prosecutorial Council should be alert and filter all candidates in order to eliminate those who are declared unworthy to be re-appointed. In this way, the Judicial Council and the Prosecutorial Council should show openly to Kosovo society and the international community that changes in the justice system are essential and are not just cosmetic changes. This is a key moment to show that locals are well-versed in leading and administering important processes in the justice system in Kosovo, especially now that international staff has been removed from these processes.
KLI believes that if Kosovo institutes have a strong suspicion and have arguments that violations of human rights have been violated during the re-appointment and appointment process, the entire process should be considered. Therefore, having in mind all the efforts and achievements that have been made in the process of re-appointment and appointment of judges and prosecutors, KLI requires to eliminate once proven candidates as unworthy, so as not to risk the millions of investments and the results of this process, for the establishment of a genuine justice system in the service of the rule of law in Kosovo.