Language non-recognition challenges judicial functioning in the north

Some technical issues, such as lack of professional translation or even lack of staff, have been presented as real obstacles to the work and efficiency of the justice system in northern Kosovo.

Judges and prosecutors, both Serbian and Albanian, have faced problems of non-recognition of languages, which is estimated to have affected the efficiency of work. To the north of Kosovo, since the end of the 1999 conflict, parallel organs have been functioning in the justice system, which have mainly worked there only under the laws of Serbia.

But, within the implementation of the Pristina dialogue agreements, Belgrade for the integration of the Serb community into Kosovo institutions, even the Judiciary in the north is required to integrate into the framework of the Kosovo system.

The chief prosecutor of the Constitutional Prosecutor in northern Mitrovica, Shyqri Syla, told Radio Free Europe that a year has passed since prosecutors' integration into the Kosovo justice system has become.

Integrated prosecutors, he points out, have been doing very well, have familiarised with subjects and perform works, as have others who have worked so far.

In order for the treatment of subjects to be out of line with ethnic affiliation, Syla says that it is preparity of lots.

There's no problem or concern we don't have about division of subjects. The subjects are divided by lots, according to the achievement, and in this direction neither the integrated prosecutors nor those who have worked so far have had no remarks. In fact, I can say that the integration of prosecutors who have already committed a year has dropped crime. I, according to information from the police station, have down to 20 percent of us have less criminal acts than in the same period before integration”, notes Syla.

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But as a separate challenge, Syla singles out the translation, given that most integrated prosecutors do not know Albanian, but there are Albanians who do not know Serbian.

“has been a challenge, but even this challenge has been overcome. We have a total of five translators, which is enough to do things successfully. Efficiency is at the highest possible level. All prosecutors have exceeded the 100 percent rate per month”, Syla points out.

But, otherwise, Ehat Miftaraj thinks, from the Kosovo Institute for Justice. He says that despite the fact that the judicial system has started functioning in the northern part of Kosovo, mismanagement and non-co-operation between the Judiciary Council and the tribunal in the north, it has caused the justice system in this part of the country to face basic problems.

Among other things, Miftaraj cites the problems of the cases when they are presented in connection with the appointment of subjects to Albanian judges or Serbian judges.

Despite the problems, positive, according to him, is that at last citizens have an address, a court in the north, where they can turn.

“Anyway, even the Judiciary Council, but also the chairman of the Constitutional Court, along with the deputy chairman and other judges, must find a way to manage this court better and overcome the current problems they have, whether with the absence of translators or with the lack of support staff, which would enable this court to be fully operational”, Miftaraj points out.

The fact that the court's chairman has problems in assigning subjects to Serbian or Albanian judges, due to lack of translation, in some way testifies to the lack of will, ill-management, mismanagement in this court, so that this can do the work on the basis of the Constitution, according to the constitution, according to the constitution”, he says.

The prosecution in the north, underscores Miftaraj, is in a situation similar to that of the court. He cites as an obstacle the absence of translators, taking into account that there are prosecutors and judges, Serbs and Albanians, as well as processes develop, both to Serbs and Albanians, and non-recognition of languages is presented as a real obstacle.

Therefore, to some extent the fulfillment of this criterion, to have professional translators, translators who can address these demands, may influence this court not to be fully functional, in some way not to be operational”, Miftaraj points out.

The tribunal and the prosecution in the north is functioning to end the parallel justice institutions that have operated in this part of Mitrovica with Belgrade's support. According to Miftaw, the judiciary in the north, as in the rest of Kosovo, needs a much more efficient functioning.

“The only way to have an efficient and professional justice system, in the entire territory of Kosovo, including the northern part, requires to have a more efficient, more convincing, Kosovo Judiciary Council, which requires accountability, which requires transparency, which exercises its competencies, whether in relation to courts in the south of Kosovo, or in the north”, Miftaraj said.

Currently, functional review of the justice system in Kosovo is under way, which, according to him, is expected to one day address problems in order to provide solutions.