With admission to Council of Europe, Kosovo risks financial bankruptcy

With Kosovo's membership in the Council of Europe, citizens are allowed to complain at the European Court for Human Rights in Strasbourg. If current cases in judicial procedures alone are calculated, according to Jashar, compensation that the state of Kosovo would have to pay citizens could amount to hundreds of millions of euros.

“Suppose that today there are approximately 400,000 cases in Kosovo's court procedures, most of them are procrastinating procedures, suppose a minimum 1,000 euros compensation for case, and then the account is very simple, and you can then get the epilogue what will be in compensation for the state to pay for the citizen, it's a staggering amount, it's understood without counting any other case, primarily the cases that are currently in court procedures, Jashar said.

And constant complaints by citizens of unfair, impartial, and reasonable judgment are being expressed to this day 20 years. If all decide to seek their right denied by Kosovo judges at the Strasbourg Court, Kosovo could go bankrupt as a state.

The state was bankrupt as a state because of obligations stemming from European Court decisions, as a result of violations of human rights and freedoms. We had come to a position until we were bankrupt as a state. Because there are mass human rights violations. Essential violations, access to justice, substantial violations of Article 6 of the European Convention, the right to a fair, impartial and reasonable judgment. Reasonable time isn't 8 years, especially when it's about children”, Nocaj says.

He says that the ombudsman's institution has found that to have a firm form Act in Kosovo, it takes about eight years.

This time, especially is too much in cases of contact with children because there is emotional breakdown, he says, so the parent will rightly seek compensation for the suffering caused.

Someone should be held responsible, the state, then make up for the damage done to the state. Even if it's irreparable damage, because eight years, emotional outage, the consequences I can tell you... ”, he says.

And the ombudsman, Hilmi Jashar, says the Strasbourg Court has no mercy.

There is no pardon and normal decision is to compensate, and then states are forced to meet. There is no case so far that the Committee of Ministers has neglected it, it is the most successful mechanism, all European Court judgments have been implemented”, says Jashar.

Yasar and Noecaj have taken the example of Italy, which in the 1990s has been on the verge of bankruptcy due to missing cases at the Strasbourg Court by the enormous number of court procrastinations. Italy was forced to reform the legal system and that judiciary in accordance with the requirements of the Convention. / RTK/