IKD: Public statements to justice system conflict with Constitution

In this conversation, such as the panelist, besides the author of the report, Eranda Zekaj, were Agron Maxhun, presiding judge at the Constitutional Court in Mitrovica, the branch in Vushtrri; Ersan Qavolli, prosecutor of the Founding Prosecutor in Pec and Attorney Florim Shefqeti.

IKD researcher Eranda Zekaj during the presentation of the report stressed the goals of institutions of the justice system by political power at the level of the government and deputies of the Kosovo Assembly.

According to it, interventions have to do with performance in the justice system, the interpretation of court and Constitutional Court judgments.

Zekiaj stressed the importance of the principle of separation of powers, as one of the vital principles in the functioning of democratic societies.

She said that “This division determines tasks and responsibilities, including control and balance mechanisms without creating intervention” and “variency”. From judicial power it is unique, independent and exercised by courts.

According to Mrs. Zekij, such a ban promotes judicial security and allows final interpretation by the courts, outside the influence of other powers. However, despite this ban, there have been a considerable number of cases, when the Constitutional Court has had to restore this balance between three powers.

It highlighted situations where the Constitutional Court has abolished certain legal provisions, with the argument that the same affects the independence of the justice system as in the case of Law No. 06/L-14 for public officials and NR Law. 06/ L-111 for Salaries in the Public Sector, where the court stressed that the approval of any Judiciary proposal by the government is undoubtedly contrary to the notion of independence <x0-institute, functional and organisational” of the Judiciary.

Zakaj, says “Avoiding critical comments by politicians is required by the Council of Europe's recommendation on the independence, efficiency and responsibilities of judges, the Council of European Judges and the Venice Commission. By thus making it clear that the two powers can comment on judicial decisions, maintaining criticism that may affect the public's independence or confidence in the judiciary. ”

She adds that the executive power should not encourage disobedience to judicial decisions or violence against judges, since such actions can cause improper influence, pressure, promotion and indirect intervention.

Thus, according to Zekaj, judicial decisions also in an international way allow comment of the clear but not assessing meaning. Comments such as the extuitive and the legislature, which show a real situation towards improving judicial efficiency, such as raising human resources, additional training, or co-operation within competencies, are welcome. But not situations when the comment has an appreciative character of the judicial decision.

In turn, she adds that <x0% such actions conflict with the principle of presuming innocence, a principle defined according to Article 6 of KEDNJ and Article 31 of the Constitution, Article 3 of the Code of Criminal Procedure. According to GEDN, the principle of presumption of innocence does not allow public authorities to encourage the public to believe the accused is guilty, or to prejudge the assessment of facts by the judicial authority. ”

Agron Maxhun, the presiding judge at the Constitutional Court in Mitrovica, said the division of powers is defined in the country's Constitution, which creates full independence over its decisions. He said this independence is vital for a democratic country and contributes to the state's development. For this, he said the Judiciary Council is taking important actions to reform the judicial system, thus preventing interventions. Judge Maxhun said there may be clarifications but not commentators, as court decisions are indiscreet and there is the ire of innocence.

Ersan Qavolli, prosecutor at the Constitutional Prosecutor in Pec, has said public statements to the justice system affect the breakdown of citizens' confidence in relation to the prosecutor's work. Such statements don't do well for the system as hard as you try to work can only cloud the citizens' trust in relation to the prosecution's work, Qavolli has declared.

Lawyer Florim Shefqeti said the aspect of salaries has been a tendency for intervention in the justice system. He said that the Constitutional Court's ruling, which has considered this a violation, is a proper decision.

“Mbi this base, we consider that even the organisational aspect of wages, as much more, has been a tendency for direct intervention in the funchional sense, which we normally consider very appropriate the Constitutional Court's decision, which has considered the matter a violation of”, Shefqeti said.

On the other hand, Gzim Shala, senior researcher at the Kosovo Institute for Justice (IKD), said that the way the current power behaves in relation to the links it makes to the justice system is problematic. “The way the last government behaves is far more problematic than the preliminary one, even in the past we have after statements that have attacked the justice system, but this Government exceeds all”, he said.

He mentioned there was at one time a campaign to link the justice system through video. The “was that video from Albulen Haxhiu at the scene, “for whom the Prosecutor's Office is working”. It was a tendency to create distrust in the justice system”, Shala said.

Kosovo Institute for Justice Executive Director (IKD), Ehat Miftaraj, has said neither politics nor executive nor legislature have the right to comment on court decisions. According to him, neither politicians have the right to deal personally with judges and prosecutors. Neither politics nor executive nor legislature have the right to comment on court decisions. Politicians have no right to personally deal with judges and prosecutors that this is intervention”, Miftaraj said.

Moreover, Qavoli has commented on the video published by Justice Minister Albulen Haxhiu, who in one case had come to the scene saying that “for whom the Prosecutor is working”. For that, he said the prosecutor is getting to the scene rather than the ministers. He added, however, that although these statements do not make them feel good, they do not fall prey to influence.

Responding to the American Embassy's representative's question of how to respond to the interventions made through statements. Cavolli has said the biggest presence in the media and prosecutors not only through reactions and communiqués is the best way to show the truth of the work of the justice system.

Meanwhile, Agron Maxhun, presiding judge at the Constitutional Court in Mitrovica, the branch in Vushtrri, said he could respond to these statements through performance, and especially the timely treatment of these cases to inform everyone that the justice system is objective, impartial and effective.