Judgment in Lack of Challenge for judiciary, State Sėka archive for War Crimes

But this institution could be re-functioned, says Vetevendosje MP Albulen Haxhiu.

It explains that the Institute will serve the prosecution to document war crimes.

But that the state does not have an official archive of crimes committed by the Serbian regime during the recent war. To achieve concrete results, she says that additional evidence is needed by the prosecution.

The next “with the government we've seen and established the Institute for War Crimes that will be in the service of the prosecution to document war crimes. We don't have a single official archive for the crimes that Serbia has committed in Kosovo and we will work hard in this direction so also with the establishment of the war crimes institute, but also in the empowerment of the prosecution”.

A large number of provisions have been added to the Kosovo Criminal Code. These changes can also enable judgment in the absence of those who committed war crimes.

Haxhiu says this has been one of the most positive changes Kosovo's Assembly has had and more valuable in understanding war crimes.

I believe that one of the most positive changes the Parliament of the Republic of Kosovo has had and most valuable in understanding war crimes”.

Haxhiu said this has also been the requirement of organisations that protect human rights from having a relevant article and not be brought down by the Constitutional Court.

The moment we drafted that amendment proposal has been a major requirement of numerous organizations that protect human rights to ensure that a relevant article does not bring down the Constitutional Court”.

If human rights are violated then the Constitutional Court can bring down a relevant mother. So the goal has been to do something that does not fall from the institutions of the Republic of Kosovo and not be criticised by local and international organisations as a state that does not protect human rights”, Haxhiu said.

Haxhiu says the procedure for judgment in absentia should be accelerated and the justice institutions backed up.

“I believe that if this applies, we have achieved that no matter how little we calm the souls of families that are looking for the bodies of the found and on the other hand, justice for what happened during the last war because as you know so far there has been no justice in the country and for us it is unacceptable that 20 years after the war justice institutions are not supported because there are only three special prosecutors who deal with war crimes and accelerate procedures for the lack of justice, but also support justice institutions<1>

Lawyer Arianan Koci says the judgment in absentia could only be effective if it was applied between two states that have reports, not as in the case when Serbia ignores any invitation coming from Kosovo authorities.

Serbia, of course, does not take our invitation into account, and no deadlines have been set as to how long it will be considered appropriate from the first invitation to the second invitation, just us when we send such a request to Serbia, Serbia completely ignores it, and for that reason five times are neither little nor much, but it is the uninitive provision under Kosovo circumstances. This is a parade in two states that have inter-state reports”.

Koci says that judgment in absence is a challenge for the current circumstances in which the country is found, which will provide for the process of launching investigations.

If this criterion is passed, then our deputies have been following cases of voting legal provisions that are not applicable at all, should be invited here by experienced lawyers, invited experienced prosecutors and seen as this could be complicated in practice. If this problem is overcome, then there will be an effect of judgment in absence, but this is now a challenge, say, insurmountable to the current circumstances or it is a challenge which will greatly represent the process of launching the” investigation.

According to him, judgment in absentia applies in many countries but, according to him, the person who has been sentenced to seek to repeat the procedure.

The trial in absentia as a legal institute applies in many parts of the world, so I don't believe it constitutes any violation of human rights if strictly respected and, above all, judgment is held in absentia, but at the moment when justice has access to this person who has been charged in absence or who has been convicted in absence, of course he has his own rights and may seek to repeat the procedure”

The executive director of the Fund for Humanitarian Rights in Kosovo, Bekim Blakaj, told Online Economics that changing the Penal Code for Judgment in absentia does not help victims, but only causes anxiety for the judiciary.

He has also cited the case of Croatia's state, which he said did not practice judgments in absentia.

This has been the motive of VV deputies more than a year who have proposed the amendment to the penal procedure code that in that way even tried judgment in absentia so as to have as many judgments as possible. Our organisation has rejected it because we are launched that according to some promises these court processes in absence bring more headaches to the judiciary than have helped victims”.

The crimes in the absence of none of them contributed much. Victims' families have not been satisfied with the fact that those who were convicted in these judgments in absence are not keeping the prison. We have been opposing these judgments in absentia, and very often those who have proposed these changes to this criminal procedure have been called, for example, Croatia. But he didn't practice judgments in absence”, he said.

Under the Special Prosecutor's Office, the War Crimes Department operates, where three prosecutors are engaged.