Life in Kosovo discusses about emergency situations

Tonight, Life in Kosovo will broadcast a debate on the emergency situations in our country. Read more


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Life in Kosovo discusses the problems in the judicial system

04 June 2009   

This Life in Kosovo show revealed the findings of BIRN’s year-long project of monitoring municipal and district courts in seven municipalities of Kosovo.

What are the findings of the one-year monitoring of district and municipal courts in Prishtina, Peja, Mitrovica, Ferizaj, Gjilan, Vushtrri and Skenderaj? What are the implications of the delays in trials? How can a prosecutor be stopped from attending two trials at the same time? Are the judges’ offices a good enough substitute for courtrooms? What difficulty does the absence of a translator in a trial pose? Does the fact that court staff do not use electronic devices, and let their phones ring in trials, indicate a lack of seriousness and inefficiency in carrying out an official duty? 

Following the introduction of the report and its main findings by the project manager, Fatmire Tërdevci, BIRN organised a panel discussion on the weaknesses of the judicial system, which was moderated by BIRN Kosovo Director Jeta Xharra. The discussion panel consisted of:
 
Rexhep Haxhimusa, head of the Supreme Court of Kosova  
Vahid Limani, head of the Administration and Personnel Department at KJC Secretariat
Ismet Kabashi, head of the Kosovo Prosecutors’ Association
Hamdi  Ibrahimi, Pristina District Court judge
Nekibe Kelmendi, Minister of Justice
Kujtim Kërveshi, legal expert from Kosovo Judicial Institute 
Fatmire Tërdevci, project manager
Isa Gacaferi, court monitor in Peja region 
Valdrin Beka, court monitor in Ferizaj region 
Fatmire Haliti, court monitor in Gjilan region 
Faton Ademi, court monitor in regions of Mitrovica, Vushtrri and Skenderaj
Betim Musliu, journalist covering justice
Musa Dragusha, head of the Kosovo Chamber of Lawyers 
Çlirim Hajdeni, head of the Planning and Development Unit, Investigations Pillar of Kosovo Police 
Major problems noted by the monitors in the report include unreasonably long delays in opening, and then concluding, cases; failures to meet the standards expected in handling trials, and some instances of suspected corruption by judges and prosecutors. A television report on the delays in finalising trial cases, prepared by Betim Musliu, featured interviews with individuals whose trials have been prolonged for years.

The discussion covered the key findings of the report. According to these findings, the limited number of prosecutors poses a great difficulty for the justice system in Kosovo, which was also illustrated by a television report prepared by Betim Musliu. The report also dealt with the impact of bad or insufficient infrastructure.

The discussion also focused on the implications of delays to trials and the negative phenomenon of trials being held in judges’ offices instead of courtrooms. 
 
Another key problem identified by the report was the absence of translators in most of the trials monitored. The television report demonstrated how people were affected by hearing their trial in a language they did not understand, and provided figures and other examples of people affected by the lack of a translator. 

Regarding judicial infrastructure, the report also stressed both the lack of basic necessities such as pens and paper, and the lack of effective training on the use of electronic devices.  The third televised report, also prepared by Betim Musliu, reflected on the lack of training in using audio devices, and how the majority of court staff do not use the devices at all. It also looked at how some judges used their offices instead of courtrooms.

According to panelists, most court staff do not know how to use the audio devices in the courtrooms, although they had previously received or been offered training.

The bar exam, which has not been organised for more than a year now, was another major problem addressed during the debate.


In the Culture in Kosovo report, Arif Muharremi spoke about the book fair which opened in Prishtina on June 3, 2009.

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