Life in Kosovo discusses about emergency situations
Tonight, Life in Kosovo will broadcast a debate on the emergency situations in our country.
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Every Thursday starting from 20:30, Radio Television Kosovo, RTK, broadcasts the TV debate show "Life in Kosovo", a joint production of BIRN and RTK.
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Life in Kosovo discusses problems in the judicial system
27 May 2010 The topic of debate on Life in Kosovo was problems with, and the restructuring of, Kosovo’s judicial system.
BIRN has monitored 1,248 trials in 18 courts over the past year; the findings of this initiative were published in an annual report, providing the basis for the programme’s discussion, in which questions including the following:
What were BIRN’s main findings? How difficult does the absence of key legal staff in trials make forming legal judgments? What kinds of sentences are issued by Kosovo's courts? What are the consequences of delaying the start of trials?
How well do defence lawyers respect official judgments? How should the system of summoning parties be regulated? How difficult does the absence of a translator in the courtroom make trials?
To discuss these and related issues, host Jeta Xharra was joined in the studio by:
Haki Demolli – Minister of Justice
Behar Selimi – Acting Chief of Police
Bahri Hyseni – Head of the Assembly Commission for Legislation and Judiciary
Enver Peci – Head of the Kosovo Judicial Council
Valdete Daka – member of the Kosovo Judicial Council and Supreme Court judge
Ismet Kabashi – Chief Prosecutor
The debate began with questions about the BIRN report’s first finding, about the lack of transparency in courts, such as courts failing to keep audiovisual records of trials and failing to publish schedules and announcements on notice boards.
Mr. Peci said that transparency is one of the main procedures in evaluating the efficiency and confidence of a judge’s work: “Transparency is important. Being a prosecutor myself, I understand that a few small procedures might seem not so important to the administration of courts, but they actually play an important role in the general functioning of transparency.”
He promised that, by next year, court notice boards will no longer be empty and that courts will start to function better and implement relevant protocols.
Due to a lack of audio recordings, past cases cannot be reviewed and thus, Mr. Peci claimed, a large amount of investment has been spent on electronic management facilities to help in the future.
Ms. Daka claimed that there is a difference between the audiovisual system in courts and the electronic management of cases.
She added that audiovisual systems are not installed in all courts, and are not used in those courts that have them.
However, she claimed that Prizren district court, from where she was promoted to the Supreme Court, have consistently used audiovisual recording systems.
The electronic management of cases, she continued, has not been functional at all because most of the computers in courts are quite old and lack internet access.
Based on the facts presented in the BIRN report on the management of courts, there is a widespread failure of prosecutors and judges to coordinate schedules, a failure to announce trials, and it is common for trials to be held in judges’ offices.
Mr. Peci said that the hearing of trials in offices happens because there are insufficient courtrooms.
However, the chief prosecutor, Ismet Kabashi, said that the current situation in 2010 is not like it was in the twelve months monitored by BIRN, and promised that progress is being made quickly.
The BIRN report also notes that mobile phones are frequently used during trials, especially by prosecutors, and that testimonies have often been changed by witnesses after being threatened.
In addition, some witnesses do not show up in court, from fear of the consequences.
Mr. Selimi, in response to the claim that witnesses change their testimonies, said that representatives of the police recently met with the Ministry of Justice and identified the gaps in law enforcement in the justice system, and have agreed on action to fill them.
He also added that currently, as much as capacities allow, the police protect witnesses during trials, and are awaiting a new law on witness protection, which will create a specialist police unit.
Mr. Kabashi said that Kosovo’s institutions are legally obliged to protect witnesses.
Mr Demolli, asked about the law on protecting witnesses even after their testimony, said that the law is being drafted by a working group at the Ministry of Justice.
A second part of the law would cover so-called “convicted witnesses”, for whom a new prison building in Dubrave is being built in accordance with modern security requirements.
BIRN’s report also noted that the penalties imposed on those convicted varied from case to case. Some judges were criticised for only handing down minimum penalties in all their cases.
Mr Hyseni said that the courts should not just impose minimum penalties because there are many cases that deserve more than just prison sentences, especially for crimes causing significant costs to Kosovo’s economy.
“[The Assembly Commission for Legislation and Judiciary] have tried to impose conditional penalties, which will force people to pay the entire penalty of his or her crime,” he said.
Other reports
Following the debate, BIRN broadcast a report by journalist Muhamet Hajrullahu on the expropriation of land as part of the privatisation process for Prishtina International Airport. Journalist Edona Musa talked about the illegal telephone operators who continue to operate in
Gracanica municipality.
Finally, journalist Petrit Collaku discussed the challenges of maintaining cultural heritage against the competing interests of homeowners and the negligence of institutions charged with cultural protection.
Life in Kosovo is a co-production between Kosovo Public Television, RTK and the Balkan Investigative Reporting Network, BIRN. It is broadcast every Thursday, starting at 20:20
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The opinions expressed in Balkan Insight are those of the authors and do not necessarily represent those of the Balkan Investigative Reporting Network.
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