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Download Full Report I. INTRODUCTION For the 13th consecutive year, the Balkan Investigative Reporting Network (BIRN) and Internews Kosova, the first organisations in Kosovo engaged in investigating and monitoring the justice system, continued monitoring all levels of the judiciary and prosecution in Kosovo, to assess their performance regarding compliance with legality, work ethics and judicial procedures. This report will put special emphasis on corruption cases and other oences of public interest, while special attention will be paid to the “targeted” cases for the visa liberalisation process, cases through which the performance of Kosovo judicia- ry will be evaluated in fighting corruption and organised crime. The report will also look into other problems observed while monitoring in the field. This report will demonstrate the performance of Kosovo’s Courts in fighting cases of corruption and abuse of ocial duty during 2018 through comparison of data obtained from the Kosovo Judicial Council (KJC), Kosovo’s courts, and BIRN and Internews Kosova’s daily monitoring. Furthermore, the report will shed light into procedural violations and mistakes, including banal ones, that were made by judges, prosecutors and other parties during judicial procedures, that have resulted in endless and severe delays in dealing with these cases. The report lists procedural violations in dealing with these cases, ranging from failing to hold Court hearings, not scheduling Court hearings, a lack of definition of provisions and deadlines in the Code of Criminal Procedures, unjustified delays in delivering judgments, noncompliance of legal deadlines for holding initial reviews, holding hearings without the presence of the accused, disturbance of the order during trials, and poor preparation of prosecutors for trials. These violations even include the failure to hold trials due to the lack of judicial interpreters, breaching one of the basic principles of justice: holding a judicial procedure in the language known and spoken by the defendant. Special attention will be paid to targeted cases for visa liberalisation, this being the second part of, and updating, the “Corrupt Liberalisation” report, published in March last year. The portion of the report dedicated in detail to this issue, will elaborate actions of judges and prosecutors in dealing with these cases, and particularly shed light on serious negligence, which may potentially be the subject of disciplinary investigations, and potentially even criminal ones. A detailed analysis of the results of sequestering and freezing assets, as well as the significant lack of confiscating assets obtained through criminal acts, will also be provided. The work of the Prosecution and courts on this matter will also be analysed in detail. 3 Another theme of this report will be the manner and results of evaluating the performance of judges and prosecutors in Kosovo, while it also highlights some of the most blatant cases when Kosovo’s Supreme Court found violations of criminal provisions that favoured the accused in the Courts of lower instances. As in previous reports, this year’s also features many instances of technical viola- tions during Court hearings, though with a significant improvement on last year. BIRN and Internews Kosova have conducted a comparison of statistics from 2018 with previous years regarding technical violations such as: a lack of proper announcements of Court hearings, the late starting of Court hearings, the usage of phones during hearings, audio recording equipment not being used, the passivity of trial panel members and other technical violations encountered during this year, that will be addressed in the last part of this report. In the end, for the thirteenth consecutive year, this report by BIRN and Internews Kosova will provide concrete recommendations to institutions/interested parties involved in the work of the judiciary in Kosovo. 4 II. Metodologjia In compiling this report, depending on the theme or chapter treated, various methods were used, including direct observation, case studies, and comparative and statistical methods. Direct observation of the work of the Courts is based on monitoring 520 Court hearings during 2018, with a special focus on monitoring cases related to corruption and other cases where the defendants were high profile public ocials. An analytical method was used in analysing special chapters depicted in this report, as it treated the complex problems these themes entail. Through the comparative method, various parallels will be drawn, in order for all the problems treated to be depicted as clearly as possible. In order to look into the compliance of procedural and technical rules in a better way, of course the compar- ative method is the most credible one as through this method, BIRN and Internews Kosova have been able to collect an authentic database that collates data over 12 years. During 2018, the monitoring team covered all levels of Courts in Kosovo (seven Basic Courts and their branches, the Court of Appeals and the Supreme Court). These Court levels have been monitored in Courts spread across the municipalities of: Prishtina, Prizren, Peja, Mitrovica, Gjilan, Ferizaj, Vushtrri, Skenderaj, Drenas, Kacanik, Viti, Podujeva, Rahovec, Suhareka, Klina, Istog, Gjakova, Decan, Dragash, Lipjan, Kamenica, Novo Brdo and Malisheva. Counting the 566 Court hearings monitored during 2018, the total number of Court hearings monitored in the scope of the Court monitoring project has reached 11,308 hearings, thus establishing a strong database that enables comparative analysis and trend measurements as well as the progress achieved. Figure with the overall number of Court hearings monitored: 2008 2009 2010 2011 2012 2013 Sessions 513 1,248 2,147 2,525 1,441 820 2014 2015 2016 2017 2018 501 600 686 307 520 Total 11,308 5 III. CAVING IN TO CORRUPTION A retrospective of BIRN and Internews Kosova’s treatment and analysis of criminal acts of corruption; The fight against corruption and organised crime is a key battle for all of Kosovo’s leaders, and has been declared a priority for Kosovo’s justice institutions. Nevertheless, for years now this has turned out to be a goal quite dicult to implement in practice. Such a conclusion is reached year after year by European commission Progress Reports, other local and international reports, and particularly BIRN and Internews Kosova’s Court Monitoring Reports, which assess Kosovo as having made little progress in the fight against corruption compared to previous years. Two years ago, BIRN and Internews Kosova published their Court Monitoring Report focusing on corruption cases. From the report, it resulted that the main problem in adjudicating corruption cases was proving whether the accused had a motive and securing the evidence that pushed them to commit an oence, while ignoring whether the criminal oence was committed or not. The monitoring of the handling of corruption cases in Kosovo’s Courts during 2018 revealed that this problem has not been resolved or minimized. In fact, there has been a drastic increase in cases where the allegations of the Prosecution have been refused by the Courts and the accused came out with their reputation rehabilitated after the announcement of the verdict. Our direct monitoring of Kosovo’s Courts has noted how dozens of corruption cases filed by dierent level of prosecutorial oces across the country have not been able to convince judges that the indicted people are responsible for having committed the oences. The country’s budget suering material damages, and those accused of having caused these damages remaining unpunished, continues to be an alarming phenomenon, but still we continue to see not even a single judge or prosecutor fired due to poor performance. Alongside cases where those accused of acts of corruption escape unscathed, in many other instances the verdicts in corruption cases are not accompanied by eective prison sentences, but instead contain fines or conditional sentences, which are quite often ridiculous when compared to the damage the prosecution alleges to have been caused to the state. This issue has also been highlighted continuously by the Progress Report on Kosovo, which has noted that “the rare investigations on high level corruption, have not resulted in convictions yet.” Unfortunately, 2018 has not seen any progress in this regard either. On the contrary, it has seen a significant increase in the number of acquittals in corruption cases, which have almost doubled, while the number of rejection judgments increased as well. During 2018, monitoring of corruption cases by BIRN and Internews Kosova identified dozens of failures in fighting corruption. 6 These failures may be divided into a few categories: severe delays and serious negligence in handling criminal cases, absolute statutory limitation of some criminal cases, violating deadlines and other provisions of the Criminal Procedure Code (CPC), denying transparency of judgments, and many other types of procedural violations that will be depicted in detail, one by one, in the Courts of the Republic of Kosovo. All of these violations have one result; impunity for the perpetrators of criminal oences related to corruption. BIRN and Internews Kosova through this report provide concrete and quality recommendations with the purpose of improving and accelerating the fight against corruption and organized crime. Judgments on criminal oences of corruption in 2018 According to the legislation in force, the purpose of punishment is to prevent the perpetrator
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