Self-defense can be done without opposition

Civil society organisations monitoring the work of the justice system in Kosovo say they are willing to provide assistance to institutions responsible in the justice process with advice and recommendations, but not to become part of that process.

Civil society representatives say they support the statements of Prime Minister Albin Kurti, and Justice Minister Albulen Haxhiu for launching the vetoing or verification process in justice, but call on the government not to take quick steps because to succeed, this process also requires support of the opposition and the Kosovo Assembly.

Mainly the Group for Political Juridical Studies and the Kosovo Institute for Justice over the years has called for vetoing processOr verification, as soon as possible in order to increase efficiency in the justice system.

In the group for Juridical Studies, Political, the justice system must certainly undergo a process of vetoing or verification altogether.

Rhesa Hoxha from the Group for Jury, Political Studies says the competence for the implementation of the veto process belongs to the Government of Kosovo, while civil society, she points out, can provide systematic expertise and monitoring.

The panel for Jury, Political Studies has only prepared a proposal that will soon become public. It will be sent to the government and shared with the media and other partners. [The report] shows what the first steps will have to be taken in creating and actualising a vetoing process”, Hoxha said.

According to Hoxha, the analysis, which is expected to be published, also tells of the criteria that should be required for officials working in the justice system.

She says the vetoing process should be a mechanism which any government must face, otherwise, success cannot be expected.

The plan for vetoing justice, it underlines, should be a much wider and acceptable plan by the broader political spectrum and not just by ruling coalition partners.

The “should not only be the competence of the government or say the executive power, as well as the Assembly of the Republic of Kosovo as the main legislative institution in the country should be included, as from there all political parties --” -- Hoxha points out.

The justice system in Kosovo, according to previous European Commission progress reports, has not yet managed to be independent of political influence. Even the vetoing process is seen with its own risks, due to the government's possibility of influence in justice.

According to Hoxha, for this reason the entire process is needed to be monitored closely.

Moreover, to avoid such a factor would require political consensus, which would include opposition parties”, Hoxha said.

Meanwhile, Ehat Miftaraj, executive director of the Kosovo Institute for Justice, says the judicial and prosecutorial system in terms of functioning, operating and accountability is completely independent of politics, but according to him, has in practice failed to maintain independence.

As for the self-defence process, he says that of all the governments Kosovo has had, there have been many promises of vetoing, but nothing according to him, so far has been realized.

Mifaraj stresses that vetoing cannot be thought out and done without changing the Kosovo Constitution.

The process of vetoing under no circumstances dares start without constitutional changes, meaning that at least 80 votes of MPs are needed in the Kosovo Assembly. Only after there is adequate co-ordination with the international factor and with the opposition can the vetoing process begin. What we as Kosovo's Justice Institute have seen is that this government apparently has a priority and at least one of what we've had meetings and that's been said in public, this government has understood that Kosovo's justice system is cleansed only through the self-inflicting process, which should be fair”, Miftaraj said.

He said that to continue the Vetting Process, the institute he is running, he can provide documents, monitoring and research that can be taken as the basis for the process, which tells of numerous violations that occur in the prosecutor and court.

Consequently, Miftaraj says, the role of civil society in this process can only be helpful, guiding and advising.

Kosovo's “Law Institute has over 70 reports in which the shortcomings of Kosovo's justice system are identified, problems related to professionalism, with integrity, whether institutional or personal, of the heads of the justice and security system, which can serve as a good basis not only for this government, but for all political parties and the public in Kosovo, to improve the justice system in Kosovo<1>, Miftaraj said.

Kosovo Government Justice Minister Albulen Haxhiu has pledged that the issue of vetoing will be a priority in her commitment as minister.

I believe the justice system starts to break free at the moment when we address vetoing. I believe this will be one of the biggest challenges facing the Justice Ministry”, Haxhiu has declared.

Citizens' trust in Kosovo's justice system institutions has fluctuated over the years, but never as yet has trust been at the lowest level, representatives of nongovernmental organisations have said.

Kosovo institutions, in particular the mechanisms of justice, have been assisted over the years also by international mechanisms in Kosovo, originally by the United Nations Mission UNMIK, and later by the European Union for Ending Law Mission EULEX.