Courts did not handle war damages charges, Constitutional opinion urged

The professional association for damage caused by the recent war in Kosovo, “The rise of Voice”, has handed over an additional file today for which they are seeking the assessment of the highest court in the country, the Constitutional one.

The file handed over by the association's director, Jahir Bata, contains the association's complaint not to handle their indictment made in 2008 about the damages inflicted on Albanians during the war, with which compensation is required.

Bayta, on the case of handing over the file, said that since the beginning of the event this association has been compromised by not relying on reviewing war damage indictments. He has further said that courts in the country have not handled indictments by Albanians for damages, but that is not the same with Serb indictments.

The Constitutional Court has initially rejected our indictments, even though they have previously examined the [Serb] indictments, called them dangerous, imagine. Even the prosecution parties have been forced to hand them over via mail in 2010. True to three years after we have answered at all, after three years the high-minded aprior rejection is rejected for non-difficiency, plus that requires compensation of the 30-euro tax that was contrary to the law on war categories, because according to the same categories of war are free from judicial, administrative and public taxes”, he said.

Bayta made it known that the application submitted today was met with additional arguments based on international humanitarian laws.

“E has met with international humanitarian law for Kosovo, in that Article 3 law decidatedly says conflict has taken place in Kosovo with the extent of the civilian population's murder and property damage, so that it has taken the character of war and our institutions and courts are obliged to implement Geneva conventions and we are hoping that the Constitutional Court will return for the first time”, he said.

Bayta had another order. He said that if anyone thinks of a eventual pardon of war damage in the Kosovo-Serbia dialogue, then that would be rejected by various actions. Whether of petition or other actions, since human life or private property are guaranteed by the Constitution and the International Convention.

The delivery of the participating files included representatives of damaged families.

Nearly a thousand indictments have been drawn from this association, and have been handed over to the courts, almost in all municipalities in Kosovo, but all have been rejected by courts with the argument that there is no legal opportunity to sue another country for damages, in this case Serbia, with which Kosovo has no kind of judicial co-operation in the criminal field.