1,000 lawsuits in court for compensation of war damages

The organisation “Randing of Zerit” has so far drawn up a thousand and 20 indictments, which have been handed over to the courts in 11 Kosovo municipalities for compensation of war damages caused by Serbia, but all have been rejected, with the argument that they are not competent to sue another state.

The chairman of this nongovernmental organisation that deals with the damages of war, Jahir Bata, says in a proposal for Online Economics that the Law on Constetric Procedure gives the courts the right to deal with these subjects, while praising that the justice ministry had to act in this direction.

“ ... well again, according to other provisions of the same Law on Constetric Procedures, the reason is given, the right to establish local courts, since crime has occurred here, the evidence is here. The courts have the opportunity to deal with them, although the Ministry of Justice has had to intervene and work in co-operation with other institutions and create conditions”, Bata has said.

According to Bayta, 850 indictments have been handed over to the Constitutional Courts in the municipalities, while 450 complaints have been rejected by the Court of Appeals in Pristina, praising the denialal court decrees as rights.

He says 60 requests for the revision have been rejected by the Supreme Court of Kosovo, while 32 requirements for assessing the constitutionality of the rulings made by the Supreme Court have been rejected, as well as being deemed unacceptable.

These subjects are processed, after the Founding Courts we draw up complaints to the second degree, Court of Appeals. She still rejects complaints and supports the First Court's rulings, then with cases coming from the parties, we refer to the Supreme Court at the request for revision procedure, with the aim of completing the violations of the two courts, but she also casts the revision procedure”.

After this procedure, the Constitutional Court comes in line for assessing the constitutionality of the Supreme Court act, respectively.

She also refuses them, as agreed with the decisions of the” courts, Bata has declared.

This organisation in late July has submitted for the third time to the Constitutional Court reports on assessing the constitutionality of Supreme Court rulings for refusing indictments for compensation of war damages.

According to the “Runging of Voice”, this court is violating the country's Constitution, as past times it has not taken on their demands.

But this time Bata says international principles and the Humanitarian Law for Kosovo have been included in the files as additional topics. So he hopes that the Constitutional Court will clear up and recognize their right.

We've introduced the principle of "Perlock," the international principle that by automatism the plaintiff parties have the right to address local courts”.

“S recently, as another test, we have added support to the Humanitarian Law for Kosovo, because, under that law, due to the extent of the conflict in harming the civilian population and property, the conflict has taken on the proportions of war. So our institutions are obliged to implement the Geneva Convention” has stressed Bata.

Bata says the policy, which he claims to have put in charge of justice institutions people without credibility, lies behind the controversial court rulings.

But I can point out that acts smell political, because our policy has put people without moral credibility at the helm of institutions who worked as experts in 1992, have voluntarily agreed to be protected by the Republic of Serbia and to work according to the Serbian dictatorship. Now our policy has put them on the top of justice, we've had them and we have them at the top of justice, not to say the names, but it's true”, Bata said.