Selective handling of civil cases from judiciary in Kosovo

Ismajl Zogaj, in 2005, left his post as an official for forestman at the Agriculture Directorate in the Malisheva municipality. In this municipality's reasoning, Zogaj was reportedly fired from work because he had been absent, not being signed on the list of evidence coming to work from 19 September to 23 September 2005. On leave, Zogaj has launched administrative and judicial procedures in 2006 to return to work.

The search for justice is long after the judiciary has sometimes turned the matter into restoration, according to him, procrastinating the judicial procedure and unable to realize its right. Since 2006, when Zogaj has filed suit in court, there are so far ten court rulings and answers to his case.

“This is a huge concession of justice and this has no other name but selective justice, people who have power and are dressed in power vested, they are able to solve problems even in court”, Zogaj says, for the “Institute “show.

Zogaj at the time of his departure has been former member of the Democratic League of Kosovo (LDK), meanwhile in 2005, when he left work, the Malisheva municipality has been led by the Democratic Party of Kosovo (PDK). Zogaj claims that his dismissal was due to political beliefs. Even as a condition for returning to his workplace, he says he has been asked to become a member of the PDK.

But in the Malisheva municipality, Zogaj has left work for disrespecting working hours. While his failure to get to work, despite the decision of the Independent Council of Overseers, according to Malisheva municipality officials, Zogaj has already expired the work contract, and for this reason he has not returned to work, it is said in a response by the Malisheva Commission's Information Office.

The president of the Gjakova Foundation Court, Nicole Comani, in a written response to the show éustitistia has said that the subject of Ismaj Zogaj is currently in the final procedure.

There have been final procedures in our court. The court has decided twice after the first verdict had been annulled by the Court of Appeals, and the case has returned to restoration. While, with the third decision of this court, it has partially approved the creditor's proposal and in terms of wages and procedure spending, while refusing the return proposal at the workplace”, the Coman's response is said.

Unlike Zogaj's case, the case of a senior public official, Nazim Sahiti, former director of economic crimes and corruption in the Kosovo Police, has been resolved by the tribunal soon. Nazim Sahiti was dismissed from this position by former Kosovo Police General Director Rashit Qalaj.

Towards this latter's decision, Nazim Sahiti had filed suit on December 7, 2018, where he had asked the court to annul the Police Directorate General's decision. His indictment was approved on April 11, 2019, four months after the indictment was exercised, respectively.

In a written reply, however, to the “unistia”, Nazim Sahiti estimates that, as a party, it has been a relatively long time to address this case. He says that considering the retirement date in October 2018 and the return date of January 2021 is a period of over two years.

To that decision, Kosovo police had complained at the Court of Appeals. This court had flatly rejected the complaint exercised by police, leaving in force the act of first degree by which the former chief of economic crimes indictment in Kosovo Police, Nazim Sahiti, had been approved to return to his position.

Given the large number of materials in the nature of labour relations and the timing of resolving the case of Nazim Sahiti, former Kosovo Police Director Rashit Qalaj, says decision-making in this case has been selective because Sahiti's subject has been resolved very quickly compared to other citizen subjects.

In Mr. Sahiti's case, it has happened that case, I repeat it at the Constitutional Court in Pristina, to be considered, to make the decision, if I remember within a month or two. In an amazing case, the case has been considered very quickly. The reason I don't know, I can prejudge or assume, but it hasn't been such a practice for the working relationship to be considered so quickly”, says Qalaj.

Arben Hoti, judge at the Constitutional Court in Pristina, says he is not aware of selective treatment of the judges' cases. But if that happens and there are complaints that are confirmed, then, according to him, measures must be taken against judges.

There are other cases we've solved from our working relationship. In concrete cases I don't know, you're now telling me it's been solved, but I'm sure there are other cases. From the working relationship if not resolved in optimum time, then you also lose the” effect, says Hoti.

Court of Appeals President Hasan Shala says there are already no unresolved subjects in this court for decades.

No, not at the Court of Appeals there isn't, for decades, I talk about what I am competent, about the Court of Appeals, I know it's expected pretty much the subject of the person you mentioned (Nazim Sahiti). I can also give you the date of what he expected, but this subject is firmly established. But working disputes are conflicts which are privileged to carry out, as if disputes of family status or temporary measures, these enter into priorities”, he says.

Until courts blame each other for the intentional application of justice, Ismail Zogaj says he has lost confidence in the institutions of justice.

For my opinion, the justice system is rotten in all its links, all its links starting with the judiciary, prosecutors, lawyers and all. The first element in this country has no legal security, I as a citizen don't feel safe in this country and I don't feel the same way treated as another person, Zogaj says.

The only hope of resolving his case is in the Constitutional Court. He says that if even this court does not decide in his favour, he will address the European Court for Human Rights in Strasbourg.

I have no knowledge of her destiny. It's been two years, in August that we sent the subject to the Constitutional Court, after we exhausted all previous procedures, that means there's still the only way we can get it to the Constitutional Court and we hope that this court will issue a positive decision in my favour”, he points out.

This subject is in the final phase of the review, it says in a response to the Constitutional Court given to the”--theistia” show. /rel/