The collapse of the judicial system in Kosovo - Albania’s ‘culture of impunity’

Amnesty International’s report describes the failure of the United Nations Interim Administration Mission in Kosovo (UNMIK) International Judges and Prosecutors Programme (Programme) to comply with international law and standards concerning the right to fair trial. The report also reveals the failure to leave a legacy of experienced and well trained prosecutors, judges and defence lawyers able to try such crimes, as the European Union prepares to make a decision over its responsibilities with regard to Kosovo.
“Hundreds of cases of war crimes, crimes against humanity (including rapes and enforced disappearances), as well as other inter-ethnic crimes remain unresolved seven years after the UN began its efforts to rebuild the Kosovo judicial system. Hundreds of cases have been closed, for want of evidence that was neither promptly nor effectively gathered. Relatives of missing people report that they have been interviewed too many times by international police and prosecutors new to their case, yet no progress is ever made,” said Sian Jones, Amnesty International’s researcher on Kosovo.

The Programme was created in 2000, after the collapse of the judicial system in Kosovo. Although the International Criminal Tribunal for the former Yugoslavia had jurisdiction over Kosovo, it was clear that it would only be able to try a very limited number of cases.
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http://www.amnesty.org/en/news-and-updates/report/justice-failed-kosovo-20080130

The most stupid organisation in action: OSCE: Legal system development
Kosovo judiciary endures threats

07/02/2012

International and domestic watchdogs report that pervasive political pressure and threats against judicial officials blur Kosovo’s separation of powers.

By Safet Kabashaj for Southeast European Times in Pristina — 07/02/12

Political influence and threats against judges, prosecutors and their families continue to plague Kosovo’s judiciary, putting the independence of the judicial system in question.

“Improvements are needed especially in ensuring safe working environment for judges and prosecutors, free from improper and undue [executive] interference, notably in politically sensitive and high-profile cases,” said Werner Almhofer, head of the OSCE office in Kosovo.

The OSCE issued a report on the state of the judiciary last month, listing unrestricted access to judges’ offices as well as poor infrastructure devoid of proper security as additional significant problems.

Prosecutors say they experience pressures or outright threats as they deal with the hundreds of thousands of unsettled cases and often poorly co-ordinated actions against organised crime.

At a recent roundtable on intimidation of judiciary officials, nearly every judge told a personal story of being threatened or attacked, the OSCE report said.

“It is obvious judges and prosecutors in Kosovo are not properly protected. They can be threatened at any moment. We are still not free to independently exercise our duties,” the acting head of the Prizren district prosecutor’s office, Style Hoxha, told SETimes.

To address the problem, Hoxha employed personal bodyguards at work and at home for several months but recently stopped the practice.

“It is hard to work in a difficult environment but even harder with security around,” Hoxha told SETimes, conceding that the unease about personal safety is affecting performance.

Absence of separation of powers leading to political influence, in addition to lack of security and poor infrastructure, remains the judiciary’s central problem, Kosovo Law Institute official Betim Musliu told SETimes.

“The judiciary’s greatest dependence is with respect to the [state] budget because the government decides on it, a matter of old mentality in which the government controls everything,” Musliu said.

Deputy Prime Minister and Justice Minister Hajredin Kuqi acknowledged he is unhappy with the state of judicial independence and directed the blame squarely at himself.

Kuqi explained the solution lies in increasing judges’ professionalism, which will lead to a greater independence in the functioning of the judicial system.

Establishing a justice academy as a permanent home to educate and guide judges and prosecutors would be a step in the right direction, he said.

…………………… http://setimes.com
Acquittal highlights Albania’s ‘culture of impunity’

A landmark bribery case against one of Albania’s highest ranking politicians has ended in acquittal, a year after anti-corruption protests swept the nation. Observers call it a missed opportunity. …DW

Skandal: 1 Million for PR for Investor Propaganda for CNN TV!