Mitrovica Foundation Prosecutor only works with two prosecutors in serious crimes

In addition to South Mitrovica and Ismet Ujcan, there are two prosecutors at the Randa Crime Department who, apart from South and North Mitrovica, also cover branches in Vushtrri, Skenderaj, Leposaviq, Zubin Potok and Zvecan.

This situation continues to be present in this prosecutor for several years now. The smaller number of prosecutors, long ago, has created difficulties at work, as well as for prosecutors of this prosecutor, and judges of the Mitrovica Foundation Court.

As has been reported repeatedly “Justice Vow”, from the systemic monitoring process, in various court cases, hearings have been postponed due to the prosecutor's absence, because the same has been engaged in other hearings. Postponing sessions or delays in their departure, as a consequence of the lack of prosecutors, continues to be often present, because the prosecutor is assigned to another session, creating the inability to be present at both sessions simultaneously.

The two single crime prosecutors -- for “Justice Vow” -- have said they find it very difficult to cover Mitrovica's territory with its branches. Prosecutor Niyazi Rexaj, for “Justice Vow”, has stated that the small number of prosecutors in this Mitrovica Foundation Prosecutor's Department, except that it affects the work of the court, according to him, affects the effectiveness of the prosecutor's work.

It's a fact that a few years in the Ra's Crime Department work only two prosecutors, which makes it difficult in view of the fact that the court works with three colleges, so it's impossible for us to participate in all sessions assigned by these colleges.

Also, the small number of prosecutors affects efficiency at work, because the very representation of subjects in these three colleges, indicates that we very little stay in the office to work, as we are busy with hearings”, the prosecutor Rexha said. He has stressed that in order to solve this problem, the number of prosecutors in this department must increase.

The only way to solve this problem is to increase the number of prosecutors in this department, at least five prosecutors. We, even earlier as the Prosecutor, by the Prosecutorial Council have asked the number of prosecutors to rise, but we have not received concrete answers and have not seen any concrete steps in this case”, prosecutor Njazi Rexha has stated.

Meanwhile, prosecutor Ismet Ujkan, for “Justice Trust”, has said the fact that there are only two prosecutors in the Randa Crime Department, has caused them to be in charge of large numbers of subjects, and that the presence in court hearings assigned by the Constitutional Court of Mitrovica, where they should be present, creates the inability of only two prosecutors to cover all hearings, and that according to him, also creates difficulties for the subjects to be carried out on time.

Wolfani has also stated that the small number of prosecutors in this department has a bearing on reducing efficiency at work, because in most cases, they are in court representations, and this affects increasing the number of raw materials.

He has said the only solution to this problem would be to increase the number of prosecutors in this department, where, according to him, there should be a total of six prosecutors.

He added that this would affect the increase in labour efficiency, the reduction of raw materials, and that the materials would be done in a shorter term.

The difficulty at work because of the small number of prosecutors at the Mitrovica Foundation Prosecutor's Department of Serious Crimes, chief prosecutor Shyqri Syla, who for “Justice Vow” has said that it is very true that the small number in the serious crimes department in this prosecutor impacts the reduction of labour efficiency.

“Of course, it is difficult for the entire region that comes to the competence of this prosecution to cover with just 2 major crime prosecutors, when we bear in mind that at the moment at the Constitutional Court of Mitrovica, which this prosecutor covers, we have three colleges judging and it is impossible to cover with 2 prosecutors<1> said Syla.

However, Chief Prosecutor Syla has indicated that very soon, the number of prosecutors in this department is scheduled to rise. That the small number of prosecutors has also influenced the work of the Constitutional Court of Mitrovica, Judge Avni Mehmet has also told the court of serious crimes.

It has said that the small number of prosecutors has directly influenced the effective and qualitative work of this court. The “The lack of prosecutors or their small number in the DKR greatly impacts the court's regular work.

Many court hearings, we are obliged to postpone them in absence of prosecutors.

In most cases, court hearings have begun late, until prosecutors have appeared because they have been busy at other hearings.

This situation then affects effective and qualitative work, whether in the phase of the investigation into how a case is worked, whether in the court's representation phase”, Mehmeti has said.

He has added that according to the KPP provisions, it is known that judgments can be held only on the basis of charges filed and represented in court by the prosecution.

But, the solution has now been offered to this problem, since the Kosovo Prosecutorial Council (KPK) has published the announcement of the three prosecutors' internal advancement at the Department for Crime in the Constitutional Prosecutor of Mitrovica.

This announcement is open on March 1, 2018, which will last until March 15, 2018. According to KPK's statement, as criterion for the exercise of the prosecutor's office in the department for serious crimes or for minors in the Constitutional Prosecutor, it has determined that the prosecutor should have at least three years of working experience as prosecutor or judge in the penal issue, as well as have a permanent mandate, have a positive assessment of the performance, have no Albanian disciplinary provision besides reproof, have participation in specific treatments that are related to criminal procedure, legal means, local courts' legal practices and international courts will be taken into account.

On the other hand, regarding this advance, The KKP in the published declaration has indicated that it encourages female gender prosecutors and prosecutors from the ranks of communities, not majority, to apply for advancement.