Up to 10 years waiting to solve a subject in court

Up to 10 years waiting to solve a subject in court

Eight to ten years, it takes a citizen to wait if he wants civil affairs to be resolved by the judiciary in Kosovo. As such, according to lawyers, citizens are being denied the right to fair judgment and to reasonable times, and many die without realizing their right to [...]

Eight to ten years, it takes a citizen to wait if he wants civil affairs to be resolved by the judiciary in Kosovo. As such, according to lawyers, citizens are being denied the right to fair judgment and to reasonable times, and many die without realizing their right because of the length of procedures, EO reports.

The other concern they feel is the self-trial citizens receive, as there are cases when delays in such disputes end up in criminal cases.

Lawyer Burim Halili sees these delays worrying, taking into account the duration citizens must wait for the final verdict. Although the number of judges has increased, the number of outstanding subjects is still high.

Among the main reasons for this procrastination is the large number of civil matter with which the judicial system is loaded, resulting in a small number of judges.

“The treatment of the tissue causes an extremely serious difficulty in the length of the lens, because especially given the subjects in the civil field have a huge extension, as opposed to those in the criminal field that take a slightly faster time but fortunately we have recently increased the number of judges and prosecutors, especially in criminal cases, are being done much faster, and are taking much less time compared to past years. As matters pertaining to civil affairs even here have increased the number of judges and are conducting a little faster, but there are still delays which did not have to follow, given the difference between the courts we have in different cities, such as Pristina, is overloaded with subjects in the civil field”, Halili said.

Halili considers another negative factor in this direction is the lack of professionalisation of judges. In his view, citizens are often denied the right to fair judgment and reasonable times

This is unfortunately dependent on both the courts and the judges' charge. We've had cases of judges who are younger and they've even started dealing with them more quickly, but we have cases that are lasting and long-term, and that's a very bad influence because not every case means that every defendant gets a finally epilogue as a person who's committed a criminal act and then gets acquitted and then the fact that he acts in courts or detention centres by one year, two, three years and finally gets innocent. The time does not go back, because if someone is left for so many years in custody even if he is acquitted at that time, it does not compensate for the court so that this problem must be analysed well, the Judiciary Council, even according to the need to increase the number of judges, and with every act of prejudice, especially in the criminal field”, Halili said, as “the delay <xx3> sees the Constitutional Court in Pristina.

There's also a problem that until the beginning, it takes 6 to 7 years of property disputes, then it's basically the parties are complaining and sending it to the second degree, and it takes two to three years to get the worst case back to Pristina when the second scale turns it into a procedural violation and turns it into a first-degree retrial which then could push two or three years and minimally a dispute to solve property issues now in Pristina at least 101x> he said.

Criticism of these delays includes the other lawyer, Yll Zeqaj, who says that in civil leave treatment a case takes at least 10 years to spend at two court levels. According to him, these delays are also being caused by the return of the tissue to the retrial on the part of the Court of Appeals.

In Kosovo we have problems procrastinating judicial procedures, especially in the civil issue where handling a case can take another 10 years to pass two court levels. The level of the First Court, the Constitutional Court and the Appeals, even though a highly intensified effort by the Judiciary Council is still not being achieved in recent years to set the justice system on fire, the judicial system for treating the lens at a reasonable time, respectively. There are numerous problems, even if there are sometimes because of the judges' performance, but we also have a problem with the frequent retrial response of the Court of Appeals where a subject can turn two or three times into retrial, which then takes a long time to reach a final epilogue on an issue that citizens address to the justice system then directly affects human rights violations, respectively in dealing with their cases at a reasonable time of”, Zeqaj said.

Zekiaj has said that as a result of these delays, civil subjects often return to criminal cases because of the length of those cases, the parties involved in the procedure have exacerbated relations and have ended up with other confusions. Zekij mentions occasions when even parties involved die without realizing their right.

If it's a 10-year-old period, not that something happens, but that the citizen doesn't get his right then we have as a lawyer and we see it especially on civil leave and we see that there are many citizens who unfortunately die without realizing their right because of the duration of procedures. So if there's an indictment today it can go up to 10 years, and then different problems can arise, which unfortunately sometimes even comes to self-trial because our judiciary is slow to deal with a subject in a reasonable time and citizens can be given a fair one which belongs to citizens who often happen to receive justice in their own hands that I should never do anything like this but sometimes these things happen and it takes greater action by all the factors to help the judicial system get out of this crisis of the subject at a time of the matter, ZekHuck.

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