Judicial co-operation between Kosovo and Serbia, mainly on paper

Despite their agreement, Kosovo and Serbia do not co-operate easily on criminal issues.

This year, even Serbia has stopped fully seeking Kosovo data on specific judicial subjects, even though it has responded to some Kosovo requirements.

The two countries have reached the Convention on Assistance to Jurydice in 2013, under the dialogue for normalisation of relations, which the European Union brokers.

The agreement was amended in 2015 and, based on it, the parties exchange judicial requirements through representatives of the European Union.

Responding to Radio Free Europe, the EU Special Representative's Office in Pristina (EUSR) said that, in recent years, a large number of cases -- be they requests or responses -- have been successfully exchanged by the parties, through the EUSR”.

EUSR offered it REL, released from 2020 to September this year, under which Kosovo has made 1,460 requests in Serbia for various judicial subjects, while the response has been received in 415 of them.

Serbia, over the same time period, has handed over 596 requests to Kosovo, while the response has been received for 1,0050, as many have included answers to the requirements made before 2020.

In the first nine months of this year, according to the EUSR, Kosovo has made 211 requests and answers has been received for 17. Serbia, on the other hand, no demands, no answers.

The EUSR did not comment more on the figures, but stressed that the Agreement for Help to Interject Jury “is important”, because “enables the parties to improve judicial co-operation”.

Agreement aborted “unilateral”

International Department for Co-operation at the Ministry of Justice in Kosovo, Gazmend Citaku, says implementation of the agreement has been unilaterally interrupted by Serbia.

This issue is also raised by the European Union Office representative and the Office of the EU Special Representative in Kosovo. The information I have is that Serbia has declared it has not given up on this agreement, but, on the other hand, there are no executions of requests, no answers on their part that several months”, says Citaku for Radio Free Europe.

Within a year, he adds, about 200 requests of Albanian and Serbian citizens -- who want to resolve issues through the justice system -- are reached at the Ministry of Justice.

But many of their rights remain unfulfilled due to Serbia's non-co-operation, says Citaku.

Juris Ibrahim Ahmeti, from Prizren municipality, confirms that many court cases have remained pending late due to Serbia's lack of co-operation.

I already have a case where the heritage act in Serbia is taken. Here in Kosovo they refuse. I've asked for the Justice Ministry to come to the acceptance of those documents, but for now we've recorded. So we have problems”, Ahmeti tells Radio Free Europe.

On the basis of the Council of Assistance to the Jurydice, the side first makes the request for resolution in one of the Kosovo courts, which it submits to the Ministry of Justice. The latter, then, sends it to the EU Office in Kosovo, where it moves to the EU Office in Serbia and from there to Serbia's Ministry of Justice. The answer should also go that way.

The REL addressed the Serbian Ministry of Justice in implementing the stand-by agreement with Kosovo, but received no answers.

Chief Co-operation in Civil Cases
The Kosovo Judiciary Council also failed to respond to the REL's request to comment on the subject.

The Prosecutorial Council said they have never received any reports from any of the institutions without excluding the Ministry of Justice concerning implementation of the agreement in question.

According to organisations monitoring justice in Kosovo, the Agreement for Assistance to Interregulation with Serbia has been implemented mainly in civil cases.

According to them, Serbia has not co-operated in any cases related to war crimes or involving high profile individuals.

Ehat Miftaraj, from the Kosovo Institute for Justice, tells Radio Free Europe that “Serbia has not had the will to co-operate in cases of transferring convicted persons or arresting and extraditing hundreds of persons who have committed crimes in Kosovo and have fled to Serbia”.

Consequently, Serbia, according to him, “has become a paradise for criminals”.

“sopher” in Serbia
Currently, Kosovo is calling for Serbia to hand over participants to the September 24th attack on Zvecan Banjska, believed to be there.

Milan Radoicic, the alleged mastermind of the attack that left Kosovo police officer, Afrem Bunnjak, dead, questioned by the Serbian prosecution and charged with several acts, including arms trafficking and causing general danger.

Radoicciq Serbian from Kosovo has taken refuge in Serbia even last year, when Kosovo authorities have declared him a suspect in a case linked to several illegal constructions, known as Brezovica.

Serbia continues to oppose Kosovo's independence, which was declared in 2008. Consequently, the two countries have no extradition agreements. / REL/.