Judgment in Discouragement Due to Disprofession by Prosecutor's Judicial

The current provision for misjudgment is drawn up under international standards, so it is considering the Hoxha-Zhuja Ray of the Group for Jury and Political Studies (GLPS).

With existing law it has been allowed to hold judgments in the absence of war crimes in Kosovo, and by that law it has attempted to respect the international standards known and accepted by the European Court for Protection of Human Rights and other international institutions. The existing law as it is defining the standard of searching the person who is being investigated at least five times in the state or states where it is supposed to be, so that his presence in the procedure is secured.

This is done to try to respect one of the standards it requires from the international community in order to realise these judgments”, it has been expressed.

Hoxha-Zhuja, in an interview for the EO, said GLPS supports the second part of the Justice Ministry proposal for setting a time period for the suspect's search.

“With the Justice Ministry's proposal has been requested or removed this tong word means the part in which it requires that at least five times this person be required in the state or states where it is supposed to be, or that the term is set within which the state this person is required should return to or the time within which the prosecution should wait before continuing with procedure”, she has said.

“We like GLPS consider that the request at least five times one person is required in these states is reasonable and as such respects the established international standard, and we support the second part of the Justice Ministry proposal, which says to determine the time within which this procedure should be carried out. As GLPS, we consider that for a six-month period, such a thing can be accomplished within six months, is the state of Kosovo, and the other side has enough time to respond to demands presented by our state”, it has added. It has therefore considered that until now the provision for judgments in absentia has not been effective, and this due to the prosecutor's lack of employment. “The draft law on the absent judgments unfortunately has not been effective because it's not because we've had any such judgment in our country, it's also because of the co-operation between states, but we consider that it's precisely due to the lack of prosecutorial work in this direction”, it is expressed.

On the other hand, Arton Noecaj, legal adviser, has said the current legal framework is well structured but lacking the will for its implementation.

According to Rudclay, it still remains a fragile judiciary and prosecutor who does not perform the work professionally. “Cornosis exists, but there has always been demands that because of war crimes criminal acts, there have been families who have filed complaints because there is no justice for such cases. The Penal Code has been completed with these and trial has been allowed in absentia, but unfortunately so far we don't have a single case initiated by the Court or anyone, especially by the Prosecutor or citizens, to have claims on persons who have committed war crimes criminal acts, and no initial trial”.

The legal framework we have is structured quite well, but there is no will to implement the provisions or the law in the country. We always blame the judicial system, which actually has a significant share of guilt because all reports so far have resulted in a fragile judiciary, a prosecutor who does not do the job in the most professional way possible”, he has indicated. Ndecaj has also stressed that there has been selective treatment as to the lack of war crimes trial.

We have cases when criminal acts are submitted and this is unacceptable to me, much less when we have selective cases of war crimes. For war crimes, members of the KLA have been tried, there have been processes in Kosovo where specific groups have been convicted of war crimes, but on the other hand, we have no balance when we know that there are people named and surnamed, address and sufficient evidence to start war crimes processes in the absence of<1>, Shrecaj has concluded.