Former Supreme Court Chairman: Individualship only with constitution, power statements are intervention in justice

It has dilemmas for professionalising judges and prosecutors, and requires that greater reform of the justice system in Kosovo be done only with constitutional changes.

In an interview with the Nacional newspaper, Hasani has said judges and prosecutors lack knowledge.

For my judgment, the evental property should focus especially on the professionalism of the carriers of these functions (judges and prosecutors), because I have to say, we have very small numbers of judges and prosecutors, who have professional opinion. Lack of professionalism, compromise these institutions, lose the trust of citizens, seriously undermine citizens' rights, because without retaliatoryly they are persecuted for years in judicial processes and finally free from such underlying charges, based on assumptions and speculation of such prosecutors”, Hasani has said.

“We are witnesses to judicial processes that have caused concern to citizens, because prosecutors with prejudice in their professional knowledge, freezing such charges without any evidence, judges with the same level of knowledge, once released them from charges in the absence of evidence, then in the retrial, but with those trials, pronounce sentences, and thus continues the procedures, running in a vicious circle (result, retrial, same judgment), until it finally ends with a binding act of authorship from the last court. Under such circumstances, the parties involved in the process and citizens (laik of these areas) have the right to build all kinds of hypotheses (that justice has been bought, that there is corruption, etc) ”, the former Supreme Chairman said.

He has announced that since 2000, no judge or prosecutor has left work for mistakes they may have made.

“From 2000 until now, no trial, no prosecutor, has been fired for lack of professionalism, which turns out that we are champions in all countries of the region and beyond, for professionalism? In countries where there's professionalism, it's easy to get in, it's easy to solve, but it's hard to survive, if you don't show professionalism and basic mistakes there don't get forgiven, while in us it's the opposite, there are complicated procedures to be resolved in these positions, hard to get in, but hard or impossible to leave, regardless of what you know or don't know”, he said.

According to him, with Kosovo's admission to the Council of Europe, court decisions could cost the state.

“We will soon be members of the Council of Europe, where citizens will be legitimised for complaints at the Strasbourg court, unless an emergency becomes a veto and they do not leave these positions, those who do not have basic professional knowledge, then the state of Kosovo will face numerous punishments, which will be forced to pay citizens, for unjust persecutions in the judicial process, and that the Kosovo budget will hardly afford”, he said.

The former chairman of the Supreme Court is of the opinion that Veting should be done only with constitutional changes.

I see no alternative, except with the amendment of the Constitution, in the part regulating the prosecution issue and the judiciary”,declari Feyzullah Hasani.

For Hasan, the authorities' statements by commenting on the verdicts of the Courts or Prosecutors are interference in justice.

“Kritikas and public procurements on the part of two other powers, on the prosecution's charges, there is no other name than interference in the work of these institutions and this approach, not only harms the judiciary, but also compromises the institution itself from where such proposals come from, also undermines us against international factor”, he concluded.

Actually, Veting's on hold. This, as it saw the Serbian List votes, could no longer proceed for constitutional changes in the form how this reform was scheduled to take place.