Wednesday, 8 February 2012Political influence and threats against judges, prosecutors and their families continue to plague Kosovo's judiciary, putting the independence of the judicial system in question.
"Improvements are needed especially in ensuring safe working environment for judges and prosecutors, free from improper and undue [executive] interference, notably in politically sensitive and high-profile cases," said Werner Almhofer, head of the OSCE office in Kosovo.
The OSCE issued a report on the state of the judiciary last month, listing unrestricted access to judges' offices as well as poor infrastructure devoid of proper security as additional significant problems.
Prosecutors say they experience pressures or outright threats as they deal with the hundreds of thousands of unsettled cases and often poorly co-ordinated actions against organised crime.
At a recent roundtable on intimidation of judiciary officials, nearly every judge told a personal story of being threatened or attacked, the OSCE report said.
"It is obvious judges and prosecutors in Kosovo are not properly protected. They can be threatened at any moment. We are still not free to independently exercise our duties," the acting head of the Prizren district prosecutor's office, Style Hoxha, told SETimes.
To address the problem, Hoxha employed personal bodyguards at work and at home for several months but recently stopped the practice.
"It is hard to work in a difficult environment but even harder with security around," Hoxha told SETimes, conceding that the unease about personal safety is affecting performance.
Absence of separation of powers leading to political influence, in addition to lack of security and poor infrastructure, remains the judiciary's central problem, Kosovo Law Institute official Betim Musliu told SETimes.
"The judiciary's greatest dependence is with respect to the [state] budget because the government decides on it, a matter of old mentality in which the government controls everything," Musliu said.
Deputy Prime Minister and Justice Minister Hajredin Kuqi acknowledged he is unhappy with the state of judicial independence and directed the blame squarely at himself.
Kuqi explained the solution lies in increasing judges' professionalism, which will lead to a greater independence in the functioning of the judicial system.
Establishing a justice academy as a permanent home to educate and guide judges and prosecutors would be a step in the right direction, he said.
Musliu agreed, arguing it is up to judges and prosecutors to enforce professional standards of conduct.
"At no point, can political pressure and threats pardon employees from shorting justice," he said.
Musliu also said the judiciary should be enabled to establish its own budget in order to be independent.
"But it is the responsibility of judges and prosecutors to make their independence a reality, an equal branch of power that does not become subjected." |
Wednesday, 8 February 2012
Setimes
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