Ombudsman says about 100,000 court decisions have not been implemented

Ombudsman Hilmi Jashar, in an interview for Online Economy, says procrastination of judicial decisions is key features identifying the failure of the judicial system in the country.

The right to access the tribunal is in the constitutional provision that is fully compatible with international requirements and standards in the world. The problem that arises in this right is what we call administration of justice that coincides with not implementing judicial decisions and procrastinating judicial decisions these are two key features identifying the failure of the judicial system in the country”, he said.

The number of unannounced subjects, according to Jashar, amounts to 100,000, since the entire number of subjects in judicial procedures is 400 thousand, which according to Jashar, is a Kurdicep of the country's judicial system.

“If we talk about failing to implement judicial decisions, an extremely large number of non-executed substances have emerged and have identified a very large system operating problem. In Kosovo, the number of subjects in judicial procedures is 400,000, and if out of this number of 100,000 remain nearly unannounced, it is an extremely large refrain of the system that Kosovo society and all authorities would also have to organise themselves to do something because it is a huge flaw in the entire system that reflects then in the weakness of other pillars of power and loses the trust of citizens throughout the”, he said.

Even in the north, the number of prewritten subjects has reached 30,000 because of the prosecution's non-fuscion and the court in this part for a long time.

Jashari says judicial institutions and public administration institutions are in balanced proportion to cases involving human rights violations.

If we talk about the areas of law mainly dominate areas that deal with economic and social situation and not assume that it's due to the state of economic development in the country and the consequences of post-war, while if we talk about institutions that are considered more responsible and considered to be parties that have violated human rights, mainly are judicial institutions and public administrations, and are almost balanced in proportion under the case. There are other cases that have been handled by the ombudsman on the basis of investigations that affect topics from environmental issues to the functioning of the legal system, but even individual situations have affected a considerable number of citizens, such as conditioning the registration of paid vehicles to tax”, said further.

And when Kosovo is expected to be done with the Civil Code, the ombudsman's office has found some human rights violations.

“We are in the research phase still do not have a final position, but in the case that was presented is about marriage and definition that defines the Civil Code and that we consider is not in line with international standards with those that the European Convention on Human Rights and Freedoms, respectively, explains”, Jashar said.

Jashar also commented on Apel's decision on the case of Peter Ndrecj from Gjakova, who had killed his wife and daughter last year.

Jashar said this is not the first case ending in life imprisonment, but according to him, in Kosovo still remains the problem of unifying penal policies from the judicial system.

It is the most serious decision pronounced in our country's penal system, but I know there have been other cases in which this measure is pronounced. For me, the main concern is to address the unification of penal policies by the country's judicial system because it continues to be the problem at the moment and which is that citizens for the same situation have received sentences that they have singled out, and it is a situation not acceptable for a system worth the same Constitution”, he said.

The case of minor Drinas, who was allegedly sexually abused by some institutional officials, according to Jashar, has taken opposite directions, and this is because the victim himself has been sidelined by institutions aimed at protecting the victim himself.