105 pleas for forgiveness from prisoners an pending Osman's almanac, 16 under consideration

105 pleas for forgiveness from prisoners an pending Osman's almanac, 16 under consideration

It is the fourth year that President Vjosa Osmani is not exploiting her constitutional right to forgive the prisoners, despite the number of apologies in 2024 has reached 105. But, from the presidency for Online Economics, they have indicated that this year the Commission for Forgiveness has recommended [...]

But, from the presidency for Online Economics, they have indicated that this year the Commission for Forgiveness has recommended forgiveness for a convict, and that recommendation is in the presidency's screening procedure.

In all, eighty-nine requests for forgiveness of convicted persons have been considered, while sixteen of them are awaiting review by the Commission following their completion with additional information.

Representatives of justice and human rights protection organisations say that regardless of whether the president is likely to forgive prisoners or not, their forgiveness is considered a violation of human rights.

Lawyer Devdet Smakqi said the lack of forgiveness for four years is a misuse of presidential discretion.

According to him, the practice of forgiveness is an important element of Western democracies, which helps rehabilitate convicts.

The “is strange in a democratic state as it claims and is Kosovo with its Constitution and we have to implement the best practices of Western democratic states. You've seen that even Joe Biden and a lot of countries where presidents at the end of the year, or a national holiday, usually use the Institute of Criminal Law, which is forgiveness, so individually, of the presidents of states including Vjosa Osmani. But, it can't be called discretion or abuse of discretion, it's about a misuse of the president's discretion which for four years has not even approved a recommendation of the commissions which there are a series of requirements and conditions that are fulfilled”, he has said.

According to Smakqi, for a four-year period, President Osmani has not accepted any recommendation for forgiveness, naming it a possible violation of human rights.

He said it's painful not to forgive convicts, considering that Osman himself is a lawyer.

I view this as part of the character of Vjosa Osman and it is painful that she is a lawyer himself. On this basis I'm surprised what professional ethics a president may have that for four years does not forgive because forgiveness does not mean that he is interfering with the justice system, but, in a sense, a good will and democratic practice, in a state where it does not mean to release prisoners, but for example, to be forgiven several years, to be forgiven several months, to those who are at the end of the sentence that have brought good commissions that are not in USKK disciplinary commissions. So those who are somehow prepared to go back to society, the president is not giving this opportunity, and I consider it a violation of human rights, and this will also be reflected in the progress report of other human rights agencies”, he said.

Director of the Council for Protection of Human Rights and Freedoms ( KMDLNj), Behxhet Shala, described this situation as unprecedented, comparing it to dictatorial systems.

Shala has stressed that the lack of forgiveness could negatively affect the motivation of prisoners to behave well, and there have also been concerns that the move will have consequences for the country's reputation.

“Not only has it happened in the history of Kosovo, but also in the fascist dictatorial state that there has been no forgiveness, you have seen the time before a year ago how many prisoners benefited Albania, and Biden has pardoned a large number of convicts, among them an Albanian accused of narcotics trafficking. That didn't even enter our list of forgiveness. We think she's using a constitutional right as if she's using good conduct to the prisoners, because it can't motivate prisoners to behave well if there's no forgiveness. On the other hand, they are putting the Kosovo Correcting Service, which works hard with prisoners. And the third is not normal, this year is only 94 requests, and previously it was 400-500, not to be found a single prisoner deserving of pardon”, he said.

Shala has said it is surprising also how the president himself created the Commission, which handles the prison's demands for forgiveness and does not take into account those recommendations of the Commission.

Shala has mentioned several cases of prisoners who would have to be released.

With this president, the president is creating a perception that Kosovo is a criminal society and that neither who can be forgiven is a bad order for the decision on the outside. The president himself forms an ad hoc Commission that handles the demands of the prisoners, those members are paid from Kosovo's budget, and in the end it comes to work that the president himself is not trusting the Commission that he established to the president, which sends a close list for those who deserve forgiveness. This will complete the term, say without pardoning a prisoner, for us it's unconvinced. We who work long with prisoners know who deserves to be forgiven. We have cases among women, for example, the pregnancy convicted of trafficking, imprisoned by Serbian national cancer convicted in Kosovo that is only a burden to Kosovo's prisons and budget, and you see no reason for it to be forgiven. It's unintelligible, and we have no answer for this action of President”, he said.

B from the Kosovo Correcting Service through a written answer to EO have said that during 2017, it has accepted 94 apologies, but that none of them have been approved by the president.

Over the year we have accepted a total of 94 requests for forgiveness from convicted persons. So far, when in the position of President was Mrs. Vjosa Osmani, we have not accepted any decree for forgiveness from Presidential Office”, the USKK's response said.

From the presidency to a written answer have said that one case is under consideration.

Bekim Kupina, Media adviser to the Presidency, has said that eighty-nine requests for forgiveness of convicted persons have been considered so far, while sixteen of them are awaiting review by the Commission, after completing them with additional information.

“over 2024 have been accepted a hundred and five (105) pleas for forgiveness of convicted persons who are being considered by the Commission for Forgiveness. Eighty-nine (89) requests for forgiveness of convicted persons have been considered so far, while sixteen (16) of them are awaiting review by the Commission, following their completion with additional information. This year the Commission for Forgiveness has recommended forgiveness for a (1) convicted, and this recommendation is in the procedure of review by the Presidency”, Kupina said.

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