October 17th Unification of Justice System in the North

Kosovo Judiciary Council chief Nehat Idrizi in an interview for Radio Free Europe says that from October 17th, the unification of the justice system in the north is expected to begin. He says judges from all communities selected will be deployed in the northern part of Kosovo. Idrizi agrees that the justice system continues to face large numbers of unresolved subjects. He also speaks of possible political influences in the justice system in the interview.

Radio Free Europe: Mr. Idrizi, Kosovo's ongoing justice system has been criticised by both locals and internationals, whether for lack of independence or for political influences. How do you see what this system is suffering from?

Nehat Idrizi: The justice system, namely, the judicial system, following the war by the rules and procedures of the judges' appointment, has really influenced us to have a large number of materials collected and in some way violate citizens' right to a trial within a reasonable term.

In 2013 some reforms were made in our judicial system. A new organisation of the judiciary, which has been in place until 2012. Organising has been based on laws from the former (Yugoslav) federation, and now we have a new organisation. Judges in past periods have been appointed for specific time and have not had a permanent mandate. In a way, they did not have legal security. There are many other factors, but this has been one of the main factors that may have contributed to their lack of motivation or willingness to engage and work harder.

But since Kosovo has emerged from a state of war, the large number of conflicts, of works that have been carried out, has increased the number of subjects. So the judges have found it impossible to be effective in solving the matter in time. This has influenced citizens to lose their faith in the judiciary. We're hoping that now, gradually, the priority in my mandate, as soon as I've assumed the leadership position, I've given the issue to the materials collected so they can be resolved within the reasonable deadline. In a word, citizens don't wait for years until they achieve their right. As for interventions, influences, at least my opinion is and it never happened to have any calls from any politician or official on certain issues.

But it is not ruled out that perhaps individually one of the judges allows for outside interference or influence and thus violates the code of ethics and the judge.

Radio Free Europe: Is there courage in the Kosovo judiciary to handle cases of crime and corruption, especially those of the highest level?

Nahat Idrizi: Judges are now judging. What level there will be, high-level, consciously charged high-level, middle or low-level matter, does not depend on the judiciary, but this depends on the prosecution as a competent organ that makes the prosecution, or the establishment of the indictment.

We as the Judiciary Council have drafted an action plan and given priority to the subject of corruptness, and on a monthly basis, three months ago, we receive a report from the commission, which is obligated to collect data from the court heads on what phase and how the corruption cases are processed.

It means, judges have the courage and determination to judge and decide even high-level subjects dealing with corruption without hesitation. [In the process of review] there are levels of ministers, deputy ministers, directors, agency officials, policemen and judges themselves, but not perhaps at the level the public expects.

Now that doesn't depend on the judiciary, it's depending on what an indictment we have in court that surrenders to the prosecution.

Radio Free Europe: During the selection of Supreme Court and Appeals chairman, there were remarks in the form of election from foreign embassies and European representatives. How much have been ignored?

Nehat Idrizi: We have recommendations from embassy representatives that don't owe us. We welcome any help, any contribution, but they are their opinions and opinions. (Volumes) mainly concerned the voting process. Their demand has been that the vote be open.

We, based on the standards and practice thus far, mean the Supreme Court's chairman, his deputy, State Chief Prosecutor, Appeals and Basic Prosecutors (trials) are elected by secret votes. But even the mayors who were once elected were elected by a hidden vote.

We have acted on the recommendations of the Constitutional Court's act. There have been two main recommendations for the Judiciary Council. The first recommendation has been for candidate voting to take place on a list in packages, not individually, as well as to give the sense of a abstained vote. We have upheld the recommendation of the Constitutional Court's act. We have made the regulation change, all candidates have been included in a voter list and members of the Council, depending on who, have voted a candidate. Also given is the meaning of the abstention vote. I think this is over.

I said we have a co-operation and we thank our international partners for advice and suggestions, but now does not mean that we will always be able to agree, because these are standards that even in the Constitutional Court's decision it is recommended that the secret vote is standard and the previous vote with the Constitution of the Republic of Kosovo.

Radio Free Europe: What is the challenge for the unique justice system's parallel functioning in northern Kosovo?

Nehat Idrizi: In 2013 the Justice Agreement was signed between the two prime ministers of Kosovo and Serbia. Unfortunately, the implementation of this agreement from 2013 to today has not been made even though we made all preparations for the implementation of this agreement to begin in January of this year, but it did not happen.

Now we are hoping that after the meeting the two presidents had in Brussels, who pledged that implementation would take place, we are now in the phase of the implementation preparations for this agreement. We are hoping that October 17th will be all ready and we are hoping that, at last, despite some failures that have been made, there will finally be implementation of this agreement.

Here is also the main goal, so to have a unique judicial system in the north, which means even judges will work under Kosovo legislation. Serbian, Albanian, Turkish and other judges will work together, as well as in the northern part of the south.

Judges from criminal issues will be deployed in the northern part, out of all communities selected. Meanwhile, in the southern part, civil issue judges and the juvenile criminal department will be deployed at the site of the former Yugobanka.