Hyseni: The 16-year-old Darnas case is not the first, it became media!

Why have the investigation been eliminated when the minor has made a statement, had there been neglect in handling this case and what is currently happening in this case.

These have been some of the questions Kosovo Assembly deputies have had for the Judicial and Prosecutorial Council in the case of the child's sexual abuse by Drenas, but have not received concrete answers, with the argument that the case is in procedure and any publication of information can affect the case.

Human rights commissions today have reported the chairman of the Judiciary Council, Nezhat Idrizi, and Prosecutorial Council Chairman Bahri Hyseni, concerning the case of the girl from Drenas allegedly sexually abused by the professor and then even a police official.

Judiciary Council chief Nehat Idrizi has said that this case has never been dealt with in judicial institutions before, so they cannot comment on the details of the case, as he put it on procedure and any comment can affect the process.

Since the case is in investigative procedure, we as representatives are not entitled to comment, we eventually have disciplinary responsibility if the judge in the concrete case commits any violation of the ethical code or improper conduct. Only then can the case proceed to us. Otherwise, on the side of the merit deployment means the judges are independent, and any intervention on our part violates the principle of the independence of the work of judges”, he said.

The same answer has been given by Prosecutorial Council Chairman Bahri Hyseni, who has said that criminal cases are cases that should be handled in courtrooms and closed doors.

He said the Drenas girl's case is not the first, but that this case has become media.

Because the case is in criminal procedure, we will proceed with all procedures, but without specifying why it's in criminal procedure and every word we're going to get here will affect the investigation process. Given the fact that we as the Prosecutorial Council as an administrative body do not have direct access to the prosecutor's subject and the judge of the preliminary procedure, we receive information only in cases when they are subject to treatment by either judges or prosecutors. Anyone who has objected to the law, legal provisions, has neglected his duty after the final results of the investigation will receive deserved punishment if it has already come against the law, the Constitution. Not only for this case, but in any case, which is contrary to the Code of Criminal Procedure or random actions have brought any criminal acts, as we have the case in Drenas”, he said.

Hyseni has declared that the state prosecutor is independent in his work, and that each prosecutor in the course he has before himself has full independence.

Until he talked about whether any family or legal representatives were present with the minors when the statement was issued, Hyseni says he believes anyone has been.

In a concrete case, the prosecutor of the case as you've received the information, because we don't have any more information as long as I told you he won't be subject to discussion in the Council or in the disciplinary organs we have. He took the case, handled the case and decided to stop the investigation. In minors there is no way to make a statement, nothing to be done without the attorney, the lawyer, depending on one of them. But in a concrete case, I believe there was, but we don't have to let go now, because in time we'll let you know the measures, even the actions after the end of the investigation, because the subject is under investigation. To see if the prosecutor has acted to confirm the legislation in force, disciplinary, administrative procedure, performance and so on to come to the console”, he said.

The head of the Prosecutorial Council says that cases of sexual harassment, rape are always treated with urgency, and there is no possibility that cases will be fired in drawers.

As for whether there has been neglect to handle this case, Hyseni says he will continue to address the case and that for any action the media will report.

Meanwhile, as for legislation in effect, he said legislation is good and is stable. His sentences are at the level of European standards, while punishment policy according to him is fair to courts.

The chairman of this commission, Duda Balje, has raised concern that the classes in the courts have been dragging on for years, and has demanded that a solution be found to be dealt with more priority cases of violence.

We as a commission have many complaints that the judicial system is too late, now cases are from 5, 6, 7 years in procedure, and that is very bad. We've taken a case that's the same, sexual violence to the nine-year-old girl has been sentenced to less than a year, when she's out of prison, has immediately repeated the case. We have a lot of information and yet the ball has been in you, in the judicial system. We're not here today to get involved in your work neither judges nor your jobs, we've called on you to see why a case has to go through 1, 2, 3 years, can we go faster”, she said.

Meanwhile, LDK deputy FreedomKatazi has indicated that at last week's session when the same topic was addressed, there were deputies who were ridiculed and did not take the case seriously.

On that day, even despite the serious case this problem has been addressed at the hearing there have been our irresponsible colleagues who have been making fun of us, colleagues, do you think that the stork has brought you into this world and low insults? It means, we know there's this kind of level and for what we're at these levels this society is lying and it's going down. Therefore, the concern that you, I've conveyed on many occasions, we've also visited you when we monitored the law on protection from domestic violence, we have seen that it's your concern too that there's no functioning of the law in many cases and no efficiency of trial and prosecution. I've also conveyed your presentations when you often mentioned a sentence that the level of democracy in Kosovo is very challenging for our work and we know that you are challenged in various ways. We've had other independent institutions in front of us, we've been asking them if you have political pressure, it's very interesting the answer, says the pressure, willing to serve politics. This is the absurdity of society, if it worked better, you wouldn't have come to commission”, she said.

Otherwise, in the case of the young girl from Drenas, Professor St. J. and police officer V.V. who are allegedly sexually abused are in custody for a month, while the doctor who has performed the abortion is under house arrest.