Courts drag civilian matter, you'll have 132 years to solve it

Kosovo courts are continuing to drag on civilian subjects, and if they go at this pace where every six months, the number of outstanding subjects that are transported year after year to drop from 166 substances means that the justice system will have to be 132 years in solving the matter in civil affairs.

So said today by the Kosovo Institute for Justice (IKD) with the report published “Civil Justice in Kosovo, the Law vs Practice”.

In 2016, basic courts have settled 17,544 civilian subjects, which number has dropped for 633 in 2017, and 143 other subjects in 2018.

IKD Executive Director Ehat Miftaraj said about 2 thousand hearings have been monitored, about what cut-offs are recorded.

The other character of this report is selective justice, not the same citizens are treated for contrasting with those coming from politics. Kosovo's citizen must wait perhaps up to 10 years to gain justice from our courts. The other characteristics we have are a “pong-pong” case, where the appeals court turns to retrial at the Foundation Court. This report finds that Kosovo judges have made it practical that the rate of treated materials never reaches”, Miftaraj said.

IKD researcher Gzim Shala at this conference said there has been procrastination of treated subjects.

“in 2018 the judges have not reached the determining rate, out of 329 of the same subjects have carried out 182 subjects, belonging to 147 lower subjects. They have not reached the rate in the first six months of 2019, judges on average have carried out 105 subjects. If taken at this pace, every six months, respectively, the number of outstanding subjects that are carried year after year to drop from 166 matter means that the justice system will have to be 132 years in solving subjects in civil affairs, which means something objectively unattainable”, Shala said.

The Supreme Court has, according to him, achieved a stability with a number of subjects.

According to the Kosovo Judiciary Council, since the length of treatment of a case from the pre-accession was indicted until the final act, it is 1734 days. However, Shala says they have found selective elections in the treatment of subjects.

Based on IKD's recommendations, the judicial system must be fully committed for civilian subjects to be carried out within a reasonable deadline.

Albanian Gashi from the IKD said judges should stop the practice of suspending non-legal materials.

“K The JGK will do a comprehensive analysis of the content civil divisions so that it will be able to take steps to stabilise these divisions, especially in terms of materials that are carried year after year”, Gashi said.