He spent about four years in prison and house arrest, now proof that he had not accomplished the work

After being declared innocent, the person in question had applied for compensation for the damage, for past time without guilt in detention and house arrest.

For this injustice done to Kosovo's justice, it has managed this year to receive compensation from the Kosovo Judiciary Council (KGJK) for the damage it has caused for the period of four years.

KDR spokeswoman Ayshe Qorray-Berisha has indicated that the longest time of staying in custody of a person who was later acquitted has been in custody for over 1,000 days and about 300 days in house arrest.

According to her, this person has managed to compensate in the first months of this year.

“over this period has been compensated for the person who has stayed in custody for 1087 days and 236 days' house arrest”, it has been expressed.

Meanwhile, if compensation on a daily basis for staying in custody and house arrest is calculated, the person in question only for material and not material damage during this period of time is compensated for 19 thousand and 917 euros.

If that includes the packages for family visits, which are 2 packages within the month of 25 euros, compensation for the introduction of demand and representation at the 60+60 = 120 if there are lawyers, then the amount of compensation for the person in question has reached over 20,000 euros.

In the meantime, this is not the only person left without guilt in custody.

KCK: 116 people have sought compensation in the first six months of this year

According to the KDR spokeswoman Aishe Qorray-Berisha removes fewer than 116 people have asked for compensation in the first six months of this year from this council, without legal basis and without reason.

“The number of people who have sought compensation for illegal privatisation and without cause for the January 01rd-30s deadline, June 2019, is 116 persons”, she said.

According to her, during the January-June period of this year, 75 persons have been reviewed and compensated, while 6 others have been denied compensation request because of failing to meet legal conditions.

Meanwhile, asked how damaged the KDR budget is by these cases, she has said that compensation of this category is unprecedented by law, as well as the set budget.

SHKK: Currently all Kosovo prisons are 476 detained

On the other hand, the Kosovo Correcting Service (SHKK) has indicated that currently on a daily basis in all Kosovo prisons there are over 1,000 people convicted and about 500 detained.

“Exactly, the number of prisoners in all corrective institutions is 1680, out of this convicted number are 1204, while 476 are detained”, is disclosed in the USKK responses.

The number of 116 persons who have sought compensation as a consequence of their non-just stay in custody is alarming to the connoisseurs of justice cases, writes Arbres. Info.

IKD: Prosecutors seek detention even for persons suspected of stealing chickens and cattle

Gzim Shala, researcher in IKD, sees the large number of people who have sought compensation from the KDR as alarming

“As for the persons who are arrested, held in custody or sentenced and later proven that their deprivation of freedom has been groundless, we should initially assume that this phenomenon is inevitable and that it happens in all countries of the world. But the number of 116 people for six months who have been compensated by the KDR is alarming”, Shala has indicated.

According to him, during the monitoring, IKD had found this phenomenon is constantly on the rise.

Shala claims that in the face of this increase, although discussed, the KDR has taken no concrete action.

He even says Kosovo prosecutors are seeking detention for persons suspected of stealing chickens and cattle.

Besides financial damage, the greatest harm is that citizens' freedoms and rights are violated, as they are deprived without freedom. In this direction, The IKD has found that a practice has been established that despite the danger of the case and without making a concrete analysis of the circumstances, prosecutors submit the request for the detention assignment, as was the case in Gjilan, where the prosecution demands the detention of two persons suspected of having stolen 15 chickens and two cocka”, Shala has said.

But what made this evil phenomenon even more pronounced, is that even courts in most cases approve these requests, and citizens are therefore held for no reason in custody.

“According to the Republic of Kosovo Criminal Procedure Code, but also the practice of the European Court for Human Rights, the detention measure is the most serious move to ensure the prosecution's presence during the criminal procedure. This provision should be pronounced only when, with none of the other provisions available (domestic arrest, police notice, bail, and so forth). In this way the practice already built on the part of the justice system is a practice that essentially violates the legal security of the citizens of the Republic of Kosovo”, Shala has indicated.

Otherwise, determining the payment for these cases is done according to Administrative Guide No. (04/2015) of the KDR for implementation of the procedure for compensation of damage to convicted persons or under arrest without cause.

A person is compensated for one day's unbased detention for a day for material damage; for non- material damage 6 euros per day; for packages and family visits, 2 packages within the month of 25812 = 50. For spreading demand and representation at session 60+60 = 120 if there's a lawyer.

Also, for house arrest without basis for one day, a person is compensated for 9 euros for material damage, for damage not material 6 euros; while for the continuation of demand and representation at the 60+60 = 120 if there are lawyers.

As for house arrest without basis for one day, the person is compensated 9 euros for material damage, for non- material damage, $6; and for the continuation of demand and representation at the 60+60 = 120 if there are lawyers.