By Margarita Kadriu
Independent Member of the Parliament of Kosovo
Based on the Constitution, Republic of Kosovo guarantees the rule of law, but the lack of the rule of law has made our country a symbol of injustices. According to the evaluations of the Ombudsman, the majority of violations are made by state institutions, where the government is leader of all bad things, followed by other institutions. Based on all serious polls, trust on the justice system is at minimum levels.
Citizens are exasperated about the way justice is done by an entire judicial system which cannot remain unaffected by interventions and serve the public’s interests.
As guardians of the law and human rights, instead of doing their job with honor and dedication and based on the law, judges have diverted from their legal mission. Instead of making justice, today they are selling judicial processes and trafficking justice.
This is unforgivable for a country that one day aspires to be part of the European family, where the principle of the division of the three main powers, legislative, executive and judicial, is sacred. In Kosovo, it’s illusive to say that this principle is respected, although it’s enshrined in the Constitution.
The powers are formally divided, but in practice, a handful of powerful people rule on everything. They have decided and decide who will become a judge and who will become a prosecutor, who will be investigated and who will be pardoned, who will be arrested and who will escape justice.
It’s no surprise that the so called “big fishes” have never appeared in court for corruption, embezzlement of public money and abuse with law. They are at the source of all the bad things that are happening to this country and they have suffocated the justice system.
Up until today, even when prosecution in Kosovo possesses evidence, the evidence is destroyed, because they lead to party ties and oligarchs of Kosovo, who control and bought everything-officials, directors, customs officers, inspectors, experts, ministers, MPs… Let us only take the case of the unjustifiable enrichment of politicians and officials in Kosovo. What is the prosecution waiting for to take action and investigate the origin of this wealth which cannot be made with state salaries?
But, when prosecutors do not act, the same as they do not act in outrageous cases such as the animals wheat affair, the suspicious privatization of the Plant for the Production of Suspense Systems, “the giving away” of KEK’s distribution network, etc. The list is long, but the officials that have been selected to make justice have played the deaf and blind.
It’s vital for justice to remain away from politics, in order to make sure that every abuse with the law and public funds will be punished. If we want to build a stable state, we cannot do this by violating the law. Unfortunately, those who violate it the most are judges and prosecutors, who are unable to be reformed and serve the citizens. This is the last chance for the justice system to return to the public’s service and not to be seen as a monster. The state must guarantee funds and logistic for judges and prosecutors, safety and maximum working conditions for those judges and prosecutors that abide by the law and who have a high professional integrity, morale and ethics. These judges and prosecutors must review the thousands of cases which are covered in dust in the courts’ drawers and they must leave aside lectures in private colleges and public universities. Let them do their job like they should do for once and then, when they have something to say to students or someone else, then let them go and hold lectures on the job of judges or prosecutors.
* The opinion of the author doesn’t necessarily represent IBNA’s editorial line