QUARTERLY REPORT MAY 23, 2018 – AUGUST 22, 2018
JUSTICE SYSTEM STRENGTHENING PROGRAM IN KOSOVO
Contract: AID-167-TO-16-00001
Implemented by: Millennium DPI Partners, LLC Two Boar’s Head Place, Suite 130 Charlottesville, VA 22903
Program Address: Str. Bedri Pejani, no. 17/III 10000 Pristina, Kosovo
September 6, 2018
DISCLAIMER This publication was produced for review by the United States Agency for International Development. It was prepared by Millennium DPI Partners, LLC. The views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government. USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018
TABLE OF CONTENTS
LIST OF ACRONYMS ...... ii ABOUT THE PROJECT ...... 1 Project Objectives ...... 1 Strategic Framework ...... 1 EXECUTIVE SUMMARY ...... 2 Objective 1 ...... 2 Objective 2 ...... 3 Objective 3 ...... 4 SECTION I – ACTIVITIES AND RESULTS ...... 5 Objective 1: Strengthen the Efficiency and the Effectiveness of the Administration of Justice and Delivery of Quality Services by the KJC and Courts ...... 5 Objective 2: Enhance the Accountability and Professionalism of Justice System Institutions and Actors ...... 16 Objective 3: Support the Functioning and the Integration of the Judicial Structures in the North ...... 24 Cross-Cutting Activities ...... 29 Problems Encountered and Solutions Applied ...... 31 SECTION II – REPORTS AND DELIVERABLES ...... 33 Reports and Deliverables Produced This Quarter ...... 33 SECTION III – MAJOR ACTIVITIES PLANNED FOR NEXT QUARTER ...... 34 Objective 1: Strengthen the Efficiency and the Effectiveness of the Administration of Justice and Delivery of Quality Services by the KJC and Courts ...... 34 Objective 2: Enhance the Accountability and Professionalism of Justice System Institutions and Actors ...... 35 Objective 3: Support the Functioning and the Integration of the Judicial Structures in the North ...... 36 SECTION IV – PMP PROGRESS ...... 37 Performance Management Plan – Outcome and Indicator Chart ...... 38 SECTION V – SUCCESS STORIES ...... 41
Page i USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018 LIST OF ACRONYMS
ACDC Advocacy Center for Democratic Culture BIRN Balkan Investigative Reporting Network CAC Court Administration Committee CCK Constitutional Court of Kosovo CDCS Country Development and Cooperation Strategy CMIS Case Management Information System CLE Contract Law Enforcement Program (USAID-funded) CPRU Court Performance Review Unit CSO Civil Society Organization D+ Democracy Plus ECR Electronic Case Registry EU European Union GIZ German Society for International Cooperation ICT Information and Communications Technology IR Intermediate Result JSA Justice Sector Agreement JSSP Justice System Strengthening Program KJA Kosovo Justice Academy KJC Kosovo Judicial Council MCLE Mandatory Continuing Legal Education MOJ Ministry of Justice MPA Ministry of Public Administration NAO National Audit Office PIO Public Information Officer PRP Property Rights Program (USAID-funded) PSA Public Service Announcement TOT Training of Trainers USAID United States Agency for International Development
Page ii USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018 ABOUT THE PROJECT
PROJECT OBJECTIVES The Justice System Strengthening Program (JSSP) is a four-year rule of law program that builds upon the prior investments of the United States Agency for International Development (USAID) in advancing the rule of law in Kosovo. JSSP focuses on promoting a judicial system that adheres to high standards of efficiency, accountability, and professionalism, and on supporting the integration of judicial structures in the north.
Program activities focus on three main objectives:
• Objective 1: Strengthen the efficiency and effectiveness of the administration of justice and the delivery of quality services by the Kosovo Judicial Council (KJC) and courts • Objective 2: Enhance the accountability and professionalism of justice system institutions and actors • Objective 3: Support the functioning and integration of judicial structures in the north of Kosovo.
STRATEGIC FRAMEWORK JSSP supports USAID’s Country Development Cooperation Strategy 2014–2018 (CDCS) and the overall goal of Kosovo becoming an increasingly prosperous country that will progressively integrate into the Euro-Atlantic community with more effective and accountable governance. Specifically, the program supports Development Objective 1, Improved Rule of Law and Governance that Meet Citizens’ Needs. This includes improving the institutional and human capacity of justice sector institutions to build a democratic and more inclusive society.
Program activities are designed to advance the CDCS’ Intermediate Result (IR) 1.1—More Efficient, Transparent, Independent, and Accountable Justice Sector—by improving court administration and the capacity of key justice institutions and enhancing the skills of justice sector professionals. They also further IR 1.3—Improved Integration of Ethnic Minorities—by improving conditions for ethnic minorities to have access to justice and a voice in building their country’s future. The relevant IRs and Sub-IRs for JSSP’s work are listed below.
IR 1.1 More Efficient, Transparent, Independent, and Accountable Justice Sector Sub-IR 1.1.1 Better Court Administration and Management of Judicial Institutions Sub-IR 1.1.2 Enhanced Skills of Justice Sector Professionals Sub-IR 1.1.3 Improved Legal Regimes in Key Areas with Stronger Implementation IR 1.3 Improve Integration of Serb-Populated North Sub-IR 1.3.1 Enhanced Capacity to Address Minority Issues Sub-IR 1.3.2 Increased Participation of Minority Populations
Page 1 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018 EXECUTIVE SUMMARY
JSSP made significant progress this quarter to enhance the rule of law in Kosovo by promoting integration and improving the quality of judicial services. Specific activities for each component are highlighted below.
OBJECTIVE 1 Objective 1 focuses on strengthening the administration of justice and delivery of services by the KJC and courts. JSSP continued technical support to build KJC capacity, support committees, and improve the judiciary’s regulatory framework. Quarterly achievements included:
• Supported the KJC and the MOJ throughout the process of drafting of the new Law on Courts and the Law on KJC. JSSP offered significant assistance to the KJC Normative Committee and the Legal Office to ensure that the relevant comments, provisions and proposals regarding the draft laws are properly prepared and presented to the Assembly of Kosovo. • Supported the KJC Legal Office and the KJC Normative Committee in developing a list of regulatory changes that will be required for implementation of the revised Law on Courts and revised Law on the KJC. As a result, KJC now has a strategy for regulatory priorities set in accordance with the new legal framework expected to be approved soon. • Assisted the KJC Training Committee in reporting to the KJC in accordance with the KJC Regulation on Training, as well as identifying next steps to fully implement the Regulation on Training and ensure compliance with Mandatory Continuing Legal Education (MCLE) during 2019. • Reduced the backlog of Basic Courts by 67.99%, disposing of 26,830 criminal and civil cases of 39,458 cases that had been pending in the system for more than two years as of December 31, 2015. Of the total backlog reduced, 17,001 cases were disposed of as a result of direct JSSP assistance or 43,1% of the total backlog. Courts disposed of on their own 9,829 cases, or 24,9 % of the total backlog. During this quarter, JSSP backlog reduction teams disposed of over 2,172 criminal and civil cases. • In addition, JSSP backlog reduction teams assisted the courts in disposing of an additional 6,479 cases, bringing the total number of all cases disposed through direct JSSP assistance to 23,480 cases. • Continued assistance in early screening of newly filed cases in Pristina Basic Court, Gjakova Basic court and branch courts of Podujeva, Malisheva and Rahovec. From September of 2017 to date, a total 3,155 civil cases were screened, of which only 36.91% (or 1,151) were complete and ready for judicial review. 1,999 cases (or 63.35% of the filings) were incomplete. In the bulk of these cases (1,692 or 53.63% of the overall filings), the court fee was not paid. In the remaining 307 cases (9.73%) where the filings were insufficient, the cases lacked data related to defendants, court jurisdiction, etc. • Developed a plan for enhanced backlog reduction in civil cases for implementation in the Pristina Basic Court. The plan aims to screen older civil cases utilizing the screening criteria developed by JSSP to screen newly filed cases. The cases will be categorized and acted upon based on screening criteria; (i) cases not meeting the screening criteria will be returned to
Page 2 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018
parties for correction or voluntary dismissal; (ii) cases meeting the criteria will be prepared for preliminary hearing or summary disposition. • Continued assistance to courts directly on caseflow management implementation and improvement plans as recommended by JSSP’s expert, including both backlog reduction and backlog prevention strategies. • Embedded a Backlog Reduction officer in Mitrovica Basic Court to address backlog reduction, issues. • JSSP engaged a local expert on court caseflow management to identify “bottlenecks” and develop a training curriculum. The initial draft report and caseflow process map was produced and is being reviewed. A draft training plan has been developed. • Provided two memoranda/legal opinions to the KJC: ⎯ Memorandum to the KJC Legal Office regarding legal framework regarding detention in lieu of payment of traffic fines. ⎯ Memorandum to the KJC’s Normative and Court Administration Committees regarding legal framework on language-based case assignment.
OBJECTIVE 2 Objective 2 activities are designed to enhance the accountability, transparency, and professionalism of justice system institutions and actors. During the reporting period, JSSP:
• Contracted web developers to design and build a new website for the KJC and Courts in Kosovo. Established a working group to define main content for the new KJC and courts website, including sitemaps and requirements for integration with CMIS, publication of judgments, decision and legislation search and filtering. • Finalized a detailed guide for the website development working group, highlighting the structure, site-map, the content of the website and the new features. The guide is intended to assist the KJC and the courts to better oversee and engage in the website development process. • Prepared an initial draft of the protocol for website content development and management, including branding guidelines. • Developed for CCK digital design files for development of promotional/informational materials, including infographics, brochures, and leaflets. • Established Working Groups to develop uniform judgment templates for civil and criminal cases. Of approximately 10 templates intended for criminal cases, four were drafted and approved by the WG. • Published 6,271 court decisions in seven Basic Courts including 1,300 decisions which were published during this quarter. • Published two court user surveys: ⎯ Citizen’s scoring of services provided by Basic Courts ⎯ Quality of services provided by courts, according to lawyers • Held six roundtables to present and discuss court user surveys with Basic Courts representatives and other members of the community (lawyers and CSO’s) in each region.
Page 3 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018
• Conducted recruitment process for the third round of the internship program and hired eight new interns. • Proposed revisions to draft Criminal Procedure Code through Working Group facilitated by the MoJ and U.S. Embassy. In addition to conforming the Code to the newly adopted Law on Mediation, JSSP has taken the opportunity to address legal provisions that bear on transparency, accountability and efficiency of the Kosovo judiciary. • JSSP developed a training plan on public information for KJC and court PIOs based on a Training Needs Assessment survey administered by JSSP. Topics include: • JSSP organized the first peer-to-peer exchange meeting with the KJCS and court PIOs. Regular periodic meetings will serve as a learning forum in which experiences and best practices will be shared amongst the PIOs. • Organized the first visit of elementary school students to the Pristina Basic Court on the World Day for International Justice (July 17).
OBJECTIVE 3 Objective 3 focuses on supporting the integration of judicial structures in the north of Kosovo. Highlights for the quarter include:
• A heating system was installed in the Zubin Potok branch of the Mitrovica Basic Court. • Newly hired JSSP interns redacted personal data from 168 court decisions and prepared them for publication on the Mitrovica BC’s webpage. • Beginning on August 6, the Mitrovica BC published 134 court decisions that were prepared by JSSP interns. • 57 cases that were identified and processed by the JSSP-provided BLRO in Mitrovica, were disposed. 15 more cases were prepared for disposition. • Established an agreement with the EU project, “Support to Free Legal Professions” (FLP), to support young attorneys and students with training that will equip them to take the Bar, PEA and notary examinations. • Identified potential candidates interested in being trained for appointment as notaries, private attorneys and private enforcement agents. • Drafted an administrative instruction for certification of parallel court judgments.
Page 4 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018 SECTION I – ACTIVITIES AND RESULTS
OBJECTIVE 1: STRENGTHEN THE EFFICIENCY AND THE EFFECTIVENESS OF THE ADMINISTRATION OF JUSTICE AND DELIVERY OF QUALITY SERVICES BY THE KJC AND COURTS Objective 1 activities were designed to strengthen transparency, accountability, and efficiency in the administration of justice and in the delivery of quality services by the KJC and courts. As with prior quarters, this quarter’s activities were implemented in thematic clusters designed to: (1) strengthen KJC operations, (2) improve KJC policy and regulatory processes, (3) functionalize budget planning, management, and decentralization, (4) improve the capacity of court administrators, and (5) strengthen court operations and case processing.
The key activities implemented by JSSP during Year 3, Quarter 3 include the following.
Activity 1.1: Conduct Rapid Stocktaking Assessment / Support Functional Review Last quarter, JSSP assisted the Ministry of Justice (MOJ) in furthering its Functional Review of the Rule of Law Sector (FRRLS), focusing assistance on the two Pillars (of seven) that coincide with JSSP’s mandate — functioning of the justice system (Pillar 2) and commercial justice (Pillar 7). JSSP did not participate in the criminal justice or anti-corruption Pillars during this quarter.
In Quarter 3, JSSP’s Rule of Law/Legal Advisor to the Minister of Justice completed a draft preliminary analysis for Pillar 7 of the FRRLS, covering areas such as: institutional framework, legislative framework, review of the competencies of the Economic Department of Pristina Basic Court and the Economic Department of the Court of Appeals, alternative dispute resolution for commercial disputes, and the role of public administration in defending the public interest and protecting investments. Key findings of this analysis will be discussed with the Pillar 7 working group during the upcoming quarter. JSSP’s advisor also helped the FRRLS Secretariat organize its participation in the regional rule of law training in Skopje, Macedonia organized in June by the Department of Justice Office of Overseas Prosecutorial Development, Assistance And Training (OPDAT).
Additionally, JSSP, through its advisor to the Minister:
• Continued to support implementation of the KPA Appeals Panel roadmap with the KJC and others, including a strategy for appointing judges and administrative staff within the Supreme Court of Kosovo to enable a smooth transition during the departure of EULEX judges and staff; • Completed a process analysis of the Kosovo Property Comparison and Verification Agency (KPCVA) law, including recommendations for amendments necessary to facilitate the appointment of local judges; • Assisted in developing a progress report for implementation of the road-map on the KPA Appeals Panel within the Supreme Court of Kosovo for Joint Rule of Law Coordination Board; • Continued to assist in the development of a draft Law on the Special Chamber of the Supreme Court;
Page 5 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018
• As an ex officio member of the working group on Law on Public Property (appointed by the Minister) supported the National Strategy for Property Rights (NSPR) working group activities, providing comments on the draft law on Public Property, and assisted in facilitating revisions to the draft Law on Property and other Real Rights; • Drafted an outline of the responsibilities and challenges that that the MOJ will face in implementing the recently adopted Mediation Law; and • Drafted a concept note on training and certification of court interpreters and translators.
Activity 1.2: Strengthening the Capacity of the KJC JSSP continued to develop the KJC’s capacity as a policymaking body and enhance its ability to oversee the judiciary effectively. During this quarter, JSSP assisted the KJC in developing an annual work plan for implementing its strategic priorities, continued to work with the KJC’s committees to improve their performance and effectiveness, and improved mechanisms for holding courts accountable to the KJC and the public.
Strengthen Policymaking JSSP worked with KJC members and staff to develop an annual work plan focused on implementing the KJC’s existing Strategic Plan for the Judiciary and its mid-term strategic priorities. The work plan was adopted by the KJC in May 2018 (see deliverable1 #2). Once in place, JSSP worked with the KJC on its implementation, including amending the regulatory development plan required for implementation of the new laws on the KJC, Courts, and Disciplinary Liability; designing and implementing a quarterly and annual report template for court presidents to report on case management and other activities; developing a strategy for implementing a central archive for court records; etc. JSSP also worked with the KJC to develop and embed a process to ensure that future annual plans are developed and adopted early each calendar year.
Strengthen Oversight The standardized templates for Quarterly and Annual Reports on case management that JSSP helped develop were formally approved by the KJC on May 30 (see deliverable #5). The templates, once in consistent use, will improve court accountability and strengthen KJC oversight by ensuring that courts regularly and uniformly report on key performance indicators. The templates simplify the reporting process for court presidents and their management staff, and include: i) a narrative section on court priorities, challenges, and accomplishments; ii) a section on standardized performance data on caseflow management and the rate of publication of court decisions; and iii) data on management support functions, such as budget and human resources. To pave the way for use of the templates, JSSP, along with the KJC’s CPRU and Statistics Office, began meeting with court management teams to familiarize them with the new reporting format. Additional workshops will be conducted for court staff early next quarter to assist them in compiling the detailed information required for the reports.
Enhance Committee Operations JSSP continued to monitor the work Performance Evaluation Committee (PEC) during their second year, with the purpose of including observations and lessons learnt in the recommendations previously developed by JSSP. Following completion of the first round of performance evaluation, JSSP, in collaboration with the KJC and the members of the PEC, reviewed the process and developed
1 Note that referenced deliverables are not attached, but are made available separate from this report.
Page 6 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018 recommendations to strengthen the performance evaluation process. The recommendations will be integrated into the committee’s Manual on Performance Evaluation and to the Regulation on Performance Evaluation. The changes JSSP is pursuing focus on further strengthening the objective criteria used to measure judicial performance, assigning specific weights to criteria, and outlining a uniform process for data collection and evaluation. Together, these changes will help further ensure impartial and objective performance evaluations.
JSSP also recommended that the PEC incorporate the Manual on Performance Evaluation as an Annex to the Regulation on Performance Evaluation and advocated for its publication on the KJC website. Publication of the Manual will inform the judges and the public of the criteria against which judicial performance will be evaluated, creating a more transparent and accountable process. JSSP began working with the PEC and the Normative Acts Committee (NAC) to incorporate required changes. However, finalization will necessarily follow adoption of the revised Law on KJC, to ensure that all changes to the law are reflected. The PEC and the NAC will present the revised rules on performance evaluation to the KJC for adoption following approval of the new Law on KJC, and expect the changes to take effect in January 2019 when the next round of performance evaluations of judges will commence.
KJC’s Court Administration Committee (CAC) — Late last year, the KJC, acting on JSSP’s recommendation, directed courts to ensure the immediate closure of minor offense cases that have reached the statute of limitations. Closure and disposition of minor offense cases that are overtaken by the statute of limitation, reduces the total inventory of cases at all basic courts, and provides for a more accurate measure of caseload at the basic courts. JSSP also assisted the KJC’s Legal Office in developing an implementation report, which was presented by the CAC to KJC members during the present quarter. The report highlights the impact of JSSP’s intervention: 22,660 minor offense cases — 63% of all minor offence cases — were closed based on the KJC’s decision. Although this is reported in the CAC's quarterly report, it reflects the total number of cases that have been dismissed as a result of the KJC decision directly.
JSSP also assisted the CAC in developing its work plan (see deliverable #3) based on the broader KJC work plan. After securing KJC approval for the workplan, the CAC began implementing its priorities, including reviewing court case management practices, reviewing and prioritizing CPRU recommendations for approval and implementation, and developing guidelines for managing and monitoring the use of mediation.
In addition, JSSP continued to work with the CAC and CPRU on drafting an updated regulation on court archives. An initial draft of the regulation was developed by the CAC’s working group and reviewed by JSSP, which provided additional input on its refinement (See deliverable#4). It is anticipated that the regulation will be presented to the CAC for review and approval late next quarter.
The KJC’s Training Committee was established in quarter 1 and will play a critical role in the implementing mandatory continued legal education (MCLE) for judges. JSSP continued to work with the Kosovo Justice Academy (KJA) and the Training Committee throughout the quarter to address the next steps for implementing MCLE in 2019, including procedures and systems for tracking attendance and communicating compliance to the KJC and Court Presidents, and assessing training needs and identifying topics for MCLE. It is anticipated that during the next quarter, the committee will recommend MCLE topics for 2019 for approval by the KJC.
Page 7 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018
Last quarter, JSSP assisted the Budget Committee in preparing the 2019 budget development process. Late in that quarter, JSSP’s staff and budget expert conducted budget development workshops for the courts in collaboration with KJC Secretariat staff, providing direction on strategic, performance-based budgeting. During this quarter, courts and other budget units submitted their budget requests to the KJC based on the instructions JSSP helped the Committee develop. These requests were reviewed internally by KJC Budget staff, with JSSP’s assistance to ensure compliance with instructions, before submitting them to the KJC Budget Committee for review and approval. The Budget Committee held budget hearings with 9 Courts (7 Basic Courts, the Court of Appeals, and the Supreme Court) and the Office of Disciplinary Counsel, allowing them to present their proposals and address questions from the committee and from the KJC Budget office. JSSP also assisted the Committee and KJC Budget Office to evaluate the budgetary implications that the new laws related to judiciary will have. JSSP recommended to the KJC to hold a budget hearing as a way to strengthen the budget development process and establish a constructive dialogue between the KJC, the Secretariat and the courts on budget related issue. The hearing process has benefited the KJC and courts, providing an opportunity to Court Presidents to discuss challenges and operational inefficiencies and challenges that hinder the work of the court; and for the KJC to analyze the courts’ needs in the context of KJC’s priorities for improvement of the judiciary. For more detail on development of budget processes, beyond work with the Committee, see Activity 1.3.
Draft Laws and Sub-Legal Acts During the quarter, JSSP assisted the working group of the Assembly of Kosovo in reviewing and revising the draft Law on Courts and draft Law on KJC, and supported the KJC in drafting additional comments on the draft laws per the working group’s request. Revisions included the establishment of an additional department within the Pristina Basic Court to handle cases filed by the Special Prosecution Office of Kosovo and other amendments that sought to further harmonize the draft laws.
Capitalizing on momentum to update the Law on KJC, JSSP has actively advocated amendments to strengthen the KJC’s organizational and management structure to ensure continuity and improve overall management. Such efforts are bearing fruit — the working group adopted JSSP’s recommendations into the latest draft, which provides for five KJC members to be full-time, including the Chair, Vice Chair, and heads of key committees. (Currently, the Chair is the only full-time position.) The drafts should be reviewed and adopted by the Assembly Committee on Legislation soon.
Adoption of the new laws will require corresponding changes to the KJC regulatory framework. Accordingly, JSSP worked with the KJCS Legal Office to update its draft regulatory plan to prioritize revisions that will be required in response to the new Law on Courts, Law on KJC, Law on Mediation, and adoption of the Law on Disciplinary Liability. The plan, identifies a number of regulations that the KJC can start drafting immediately to jump start the process, such as regulations on lay judges, professional associates, interpreters, mediation, etc. The plan was reviewed and approved by the NAC, which plans to form working groups next quarter to update the regulation on internal operation of the courts and the KJC.
The regulation on lay judges was one of the priority items identified in the plan. It is particularly important for the operation of Mitrovica Basic Court, which currently lacks a list of eligible lay judges, affecting the ability of judges to hold hearings where participation of lay judges is mandatory. JSSP helped the KJC Legal Office draft the revisions required to remedy this shortcoming and, in collaboration with EULEX and EU Twinning staff, began developing draft regulations on professional
Page 8 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018 associates, interpreters, and judicial experts. These four priority regulatory revisions will be scheduled for review by the NAC and KJC early next quarter.
Other issues also impact the utilization of court interpreters. Courts are experiencing increasing difficulty in attracting and retaining qualified Serbian–Albanian interpreters due to salary competition and a dwindling pool of persons with the required capacity. JSSP therefore assisted the KJC in developing a briefing memorandum on possible improvements in salaries for court translators/ interpreters and, as noted previously, prepared a concept note on training and certification of interpreters and translators.
KJC Response to Audits During the quarter, the National Audit Office (NAO) issued a draft financial audit report for 2017 on the judiciary. The KJC provided comments and factual corrections to the agency and, with JSSP’s assistance, prepared and submitted a draft action plan for addressing audit findings.
JSSP also re-doubled its efforts to ensure that the KJC address open issues from the 2016 Financial Audit. By the end of the quarter, only one of the six items identified in the 2016 Financial Audit remained outstanding. All others have been addressed. The remaining item — a recommendation requiring the KJC to discontinue the practice of covering permanent positions with “acting” staff — is being addressed through the KJC’s audit action plan.
At KJC’s request, last quarter JSSP helped the Secretariat and CPRU in developing an Action Plan, in collaboration with the three audited courts, to address the findings of the NAO’s “Efficiency in civil case management within Basic Courts” 2016 performance audit. JSSP helped the KJC to respond to the NAO request, accept relevant findings, prepare an action plan to address the accepted findings and voice the concerns regarding some of the findings of the report. The Action Plan summarizes all relevant and accepted findings of the NAO and identifies and prioritizes actions the judiciary can take short, mid and long-term. JSSP helped KJC develop monitoring mechanisms to measure the progress and report to the KJC and NAO in a timely manner.
Activity 1.3: Functionalizing Budget Planning and Decentralization
Enhance Budget Development Last quarter, JSSP helped the KJC and the courts initiate their 2019 budget development process, assisting the Budget Committee in establishing strategic priorities and performance indicators, and conducting budget development workshops with court management teams. Early this quarter, JSSP worked with the KJC’s Budget Unit to develop final budget proposal instructions for courts. The instructions, which establish delay reduction and improved transparency as budget priorities and include performance measures for each — reduction of backlog to 15% of pending inventory, and publication of 90% of final judgments — were delivered to the courts early in the quarter. The budget requests received from the courts in response were first reviewed internally by the KJC Budget Office, after which budgetary hearings were held with 9 courts (7 Basic Courts, the Court of Appeal and the Supreme Court), and Office of Disciplinary Counsel.
JSSP also assisted the KJC’s Budget Office and Budget Committee in assessing the potential budgetary implications of changes to the Law on Courts, Law on KJC, and Law on Mediation, and building appropriate funds into the KJC’s budget request. Accordingly, the request includes funds for mediation clerks (one for each Basic Court), creating a new unit within the Pristina Basic and Appellate
Page 9 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018
Court to review cases generated in the Special Prosecution Office, and additional professional associates to meet the requirements of the Law on Courts.
The final KJC budget request contained two sections. The first section is the budget request developed based on the Budget Circular 2019/01, with the ceilings set by the Ministry of Finance. The second section includes funds to address its strategic priorities and to cover the costs that will be incurred as a result of the new laws. JSSP encouraged KJC personnel to use this part of the request as an extension of their strategic planning, and to make it part of their annual planning. This year, the KJC’s request includes funding for new professional associate positions, 7 new mediation clerks, and funds to establish the special chamber at the Basic and the Appellate court. As foreseen in the Midterm Framework Expenditures (2019–2021), KJC has also requested 30 additional judges, comprised of 25 Basic Court Judges, and 5 Appeal Court judges. Finally, the KJC requested additional budget for salary increases for 452 judges, in accordance with the Prime Minister's decision no. 04 /20 on the change of salaries, which significantly increased judges’ compensation.
Activity 1.4: Improving the Independence and Capacity of Court Administrators and Staff
Court Management Training Last quarter, JSSP drafted a preliminary caseflow management training module for court staff based on international best practices and incorporating lessons learned from the work of JSSP, Property Rights Program (PRP), and Contract Law Enforcement Program (CLE). This quarter, JSSP engaged a local consultant to finalize the training module by interviewing stakeholders to document case management practices, mapping current case flow management, identifying gaps, and making recommendations for uniform case management processes. The consultant developed a draft module for case-flow management training, incorporating court practices, international best practices and a case-flow management process mapping. The training module will be reviewed and finalized early next quarter, followed by a TOT session for KJA trainers. The JSSP expert will mentor the KJA trainers when training court staff during the next quarter.
Activity 1.5: Strengthening Court Operations and Processes
Improved Case Management and Backlog Reduction JSSP continued its ongoing support for backlog reduction, implementation of active case management procedures, and policy-level support for improved case management. JSSP’s backlog reduction team continued to dispose of backlog and non-backlog cases in nine courts — the Basic Courts of Pristina, Gjakova, Mitrovica and Ferizaj, and the branch courts in Klina, Malisheva, Rahovec, Viti, and Podujeva. During this quarter, the team disposed of 1,125 backlog cases (criminal and civil cases that had been pending in the system for more than two years as of December 31, 2015) and 1,047 additional cases. Since project inception, 23,480 cases have been resolved through the direct intervention of JSSP’s team, including 17,001 backlog cases.
The following chart illustrates the disposition of backlog and non-backlog cases by court during the reporting period.
Page 10 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018
Backlog and Non-backlog cases diposed by JSSP BRLOs May 18, 2018 through Aug 16 2018
1,125
839 1,047 522 297 137 71 62 71 54 41 28 32 18
Gjakova Ferizaj Mitrovica Pristina Peja Gjilan TOTAL Backlog 54 71 62 839 71 28 1,125 Non backlog 297 137 18 522 41 32 1,047 The courts have successfully disposed of 67.99% of their backlog (as defined above) since JSSP’s backlog reduction efforts began in May 2016. The following chart illustrates the percentage of backlog cases disposed of during the two-year period (May 2016 – Aug 2018) through JSSP’s direct and indirect efforts (i.e., backlog reduction team and active case management efforts, respectively), as well as the percentage of backlog remaining in the system.
Backlog cases disposed
Remaining backlogged Backlog cases disposed cases 32.6% by JSSP 43.1%
Backlog disposed by Backlog disposed cases by JSSP Courts 24.3% Backlog disposed cases by Courts Remaining backlog cases JSSP’s efforts to strategically focus the KJC and courts on backlog reduction and active case management have begun to reflect results more broadly. At the beginning of 2016, the total inventory of pending cases in Kosovo’s Basic Courts stood at 408,803 cases. As of the end of June 2018, the total pending inventory had dropped dramatically to 229,551 (a 43.8% reduction). The majority of this reduction resulted from active efforts to reduce the number of pending minor offense and
Page 11 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018 execution cases, aided by reductions in filings and policy decisions by the KJC. On JSSP’s recommendation, KJC adopted a decision to waive the enforcement fee in low value cases, in which collection costs exceed the fee to be collected.
The total inventory of criminal, civil, and juvenile cases in the Basic Courts remained stable during the same period (94,056 at the beginning of 2016, compared to 94,168 as of June 2018). Clearance rates for criminal cases remained positive — the clearance rates for the quarter ending June 2018 were 146.5% for serious crimes, 121.9% for general department crimes, and 106.2% for juvenile. The clearance rate for civil remained below 100% at 83.3%. The combined clearance rate for all criminal and civil cases (including economic and administrative cases) was slightly below 100% at 99.8%. To address low clearance rate of civil cases, JSSP developed a plan for enhanced screening of civil cases, including “no action” cases, to be piloted at Pristina Basic Court.
CASE CLEARANCE BY CASE TYPE FOR ALL BASIC COURTS APRIL - JUNE 2018
7,000 6,243
6,000 5,120
5,000 4,770 3,972 4,000 3,000
2,000
1,002
507 463
1,000 316
224
211
192 173 0 Criminal Serious Juveniles Civil Administrat Commercia Crimes ive l Cases filed 5,120 316 211 4,770 1,002 192 Cases disposed 6,243 463 224 3,972 507 173
Cases Filed Cases disposed ALL COURTS during this Case clearance % during this period period Minor offenses 6.747 20.883 309.51%
Enhanced Civil Case Backlog Reduction In order to address the increasing inventory of civil cases and target civil case backlog in the Pristina Basic Court, JSSP developed a proposed program combining elements of its highly successful early case screening process, the availability of mediation, and lessons learned from its backlog reduction efforts. Teams of JSSP backlog reduction staff, reinforced with interns and available court legal officers, will identify civil cases which have had no case management activity and take steps to summarily dismiss the cases if appropriate or, alternatively, place them on an active case track. The initiative will initially focus on backlogged cases of judges with the highest inventories of cases. To expedite scheduling of preliminary hearings, some hearings will be scheduled before new judges who will join
Page 12 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018 the court in the fall once they complete their initial training. Scheduling practices for preliminary hearings will be adjusted to provide “block scheduling” (scheduling a number of hearings in a time block) to optimize judges’ calendar time. Referral to mediation will be encouraged for all eligible cases. It is anticipated that the program will be implemented in Pristina next quarter, after which guidelines will be developed for similar civil backlog reduction efforts in other basic courts.
Early Case Screening JSSP continued to implement early screening of civil cases in Pristina and Gjakova Basic Court and their respective branches of Podujeve, Malisheve and Rahovec. Of the 3,155 civil cases screened, only 36.64% (1,156) were complete and ready for review. The remaining 1,999 cases, or 63.35%, were incomplete. In a majority of the screened cases, 1,692 (53.63%,) the filing fee was not paid. The remaining 307 (9.73%) incomplete cases lacked data related to defendants or were filed in the wrong jurisdiction.
In order to embed the early case screening at Pristina court, JSSP will work with the Pristina Court President to establish a screening office, responsible for screening of all cases, and provide training to the staff assigned to the screening process. During the next quarter, JSSP will develop a concept note for establishment of the new screening office and develop a cost estimate for its functioning. In addition, JSSP will during the next quarter, in collaboration with Kosovo Bar Association and courts, facilitate meetings with lawyers to inform them of the new court practice, early case screening rejecting all cases in which the filing fee was not paid.
Building on the success of civil case screening, JSSP began working with court presidents and criminal judges last quarter to develop criteria and processes for early, uniform screening of criminal cases to improve the quality of, and screen out incomplete, indictments. Prior to launching early screening of criminal cases, a joint meeting with prosecutors and judges was held to discuss the checklist and the implications of the process. Improving the quality of indictments and ensuring complete defendant information early in the case process improves the ability of the courts to manage and process cases effectively. By the end of this quarter, 519 criminal cases were screened at Pristina Basic Court, out of which only 10 cases had errors or missing elements with respect to the indictments (in 6 cases the court lacked jurisdiction, in 3 cases a requisite investigation had not been conducted, and 1 case the statute of limitation had already run). JSSP intends to next launch early screening of criminal cases at the Basic Court of Ferizaj, Gjakova and possibly Mitrovica. Launching of early screening of indictments, will assist the JSSP to compare the quality of indictments between Pristina and other courts.
Criminal case screening is not resource intensive, as it takes a trained staff member just ten or fifteen minutes to screen a filed indictment package. JSSP will seek to embed this process in all courts, as a tool to manage cases effectively.
Mediation Last quarter JSSP hired a local expert to monitor the progress of the revised Law on Mediation and promote the use of mediation early in the case management process at the Basic Courts. Throughout the current quarter, JSSP continued to assist mediation clerks at the Basic Court of Pristina, Prizren and Ferizaj with management of cases referred for mediation.
The challenges that courts currently face in implementing mediation are twofold: a) currently only the Ferizaj Basic Court is covering the mediator’s fees, while all other courts are placing the burden on parties to the proceeding; and b) the increased number of cases referred to mediation procedure
Page 13 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018 are not being addressed swiftly and efficiently, as mediators are substantially occupied by their primary work and not able to respond to court referrals.
For mediation to succeed, JSSP recommended last year that the courts assign a person to deal with managing mediation referrals. At the direction of the KJC, each Basic Court assigned a staff to act as a mediation clerk, in addition to their regular duties. As an interim measure it ensured that cases were referred to mediation, however, for effective implementation of mediation, the courts will need to engage full time mediation clerks. Accordingly, JSSP encouraged the KJC to include a request for seven mediation clerks in its 2019 budget. JSSP will also work with KJC to ensure that courts have sufficient mediation clerks in compliance with the provisions of the new Mediation Law, which will come into effect next quarter.
The new law places the burden for reimbursement of the mediator’s fees on the parties, based on a fee schedule to be developed by the MOJ based on comparable fees of other legal professions. This may lead to an increase in the mediator’s fee, which currently is set at 25 Euros per case. Considering that this may negatively impact the use of mediation, JSSP is seeking alternatives to offset the challenges, such as promoting pre-court mediation and incorporating provisions in other laws and rules under consideration to cover mediation costs.
JSSP is working both with the MOJ and the KJC in drafting an initial action plan for implementation of the mediation law. The plan, which will be completed next quarter, will identify key policy issues that will need to be resolved, regulations that need to be drafted and operational procedures that the KJC, KPC and the MOJ need to draft and adopt to ensure successful implementation of the law.
JSSP also began developing a public outreach and education campaign to educate citizens and prospective parties about the advantages of mediation as an effective and efficient alternative to traditional litigation. The mediation campaign, to be finalized in coordination with the MOJ, will include a Public Service Announcement (PSA) for the wider public, as well as leaflets and posters for use at court facilities. JSSP will update resources previously developed by the USAID CLE project to reflect changes brought by the revised law.
To ensure that the courts will have the capacity to effectively track mediation of criminal and civil cases, JSSP staff met with the Case Management Information System (CMIS) legal officer to discuss CMIS functionality for tracking mediation. CMIS has already developed functionality in the criminal module for tracking mediation cases; it is being tested and will be incorporated in a future software release. The mediation functionality for the civil module is planned for development in October 2018. CMIS staff has requested JSSP assistance in updating the current functionality in the criminal module based on the revised Law on Mediation, and in revising planned functionality for the civil module. Next quarter, JSSP will provide a process description for mediation under the new law, as well as specific suggestions for improvements in the functionality of CMIS’ mediation coverage.
Below the cases referred to mediation in the period between April – July 2018.
Cases referred to mediation / May-July, 2018
Court Cases referred Civil Civil Criminal Criminal Criminal Civil cases cases cases cases cases cases to mediation unresolved referred resolved referred resolved unresolved May-July 2018 Pristina 75 1 1 / 118 114 4 Ferizaj 31 / / / 58 55 3
Page 14 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018
Cases referred to mediation / May-July, 2018
Court Cases referred Civil Civil Criminal Criminal Criminal Civil cases cases cases cases cases cases to mediation unresolved referred resolved referred resolved unresolved May-July 2018 Peja 11 / / / 25 25 / Gjilan 16 2 5 / 19 19 / Gjakova 1 1 / 1 / / / Prizren 41 / / / 53 53 / Total 175 4 6 1 273 266 7 referred
cases Percentage (%) 2.14% 0.36% 97.50% 95.00% 2.50% 2.29%
Hearing Management Last quarter JSSP’s review of hearing delays demonstrated clearly that inefficient hearing management is a major factor causing delay. A review of 300 recently closed cases that were selected randomly from the archives of Pristina Basic Court (131 criminal, 150 civil, and 19 serious crimes cases) found that postponements occurred in over 62% of the cases reviewed.
Data analyses were completed this quarter, which will be used to identify actions to be taken to reduce cancellations and unwarranted delays. JSSP completed a research memorandum analyzing the procedural requirements for service of notice on parties in criminal and civil proceedings. The hearing management study and research on service of process will be used in the coming months to identify improvements in the efficiency of service of process that will, in turn, improve efficiency in hearing management and other case management processes.
Case Management Information System (CMIS) Implementation Last quarter, JSSP’s court administration expert reviewed the status of CMIS implementation, including potential risks, and developed recommendations for improving the implementation process going forward. The expert reported that a significant risk was the protracted process for migrating data on active cases to the system.
With JSSP’s support, the CMIS project management, at the direction of the KJCS Director, subsequently developed plans to migrate all active case data from the Ferizaj, Gjilan, Prizren, Peja, and Gjakova Basic Courts and their branches into CMIS by October 2018. During June, criminal judges and relevant staff at the courts listed above were trained on the CMIS criminal module. This training, in conjunction with completion of data migration, will ensure that all five courts are using CMIS for management of all criminal and juvenile cases.
During June, criminal judges and relevant staff in the basic courts where CMIS has been rolled out (all basic courts, excluding Pristina and Mitrovica) were trained on the CMIS criminal module. This training, in conjunction with completion of data migration, will ensure that all five courts are using CMIS for management of all criminal and juvenile cases.
Page 15 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018
OBJECTIVE 2: ENHANCE THE ACCOUNTABILITY AND PROFESSIONALISM OF JUSTICE SYSTEM INSTITUTIONS AND ACTORS Activities under Objective 2 are aimed at enhancing the accountability, transparency, and professionalism of Kosovo’s judiciary by strengthening ethics and discipline (Activity 2.1), developing KJC communications and outreach (Activity 2.2), promoting MCLE (Activity 2.3), improving the quality of judicial decisions (Activity 2.4), and building the capacity of the Constitutional Court of Kosovo (CCK) (Activity 2.5). In this quarter, JSSP interventions led to a significant increase in the number of judicial decisions published to over 6,271; concrete steps towards implementation of MCLE for judges; greater engagement of civil society in judicial reforms; introduction of standard judgment templates, and enhanced public outreach and communications by the KJC and courts.
Activity 2.1: Strengthening Ethics and Discipline
Training on Ethics Furthering last quarter’s MCLE ethics training that saw 235 (59%) of Kosovo’s then 399 judges participate, JSSP continued to support the KJC and KJA in implementing MCLE ethics training. It met with KJA to discuss next steps in providing the ethics module to the remaining judges who did not attend the first round of training. A set of “make-up” sessions have been planned that will be held next quarter. It also facilitated communication between the KJA and the KJC’s training committee to promote consensus on the process, assisting in the organization of a meeting between the two that will occur early in the next quarter.
As a separate issue, the KJA has requested that JSSP consider developing an on-line training module from the ethics training materials. JSSP video-recorded the first training event conducted in the series, with sound captured in English, Albanian and Serbian, to support KJA’s own development of an on- line training module. The associated files were provided to the KJA. The KJA apparently lacks funds to support development of a module and is seeking JSSP assistance.
Activity 2.2: Developing KJC Communications and Outreach
KJC and Court Outreach With the purpose of improving the public communications platform and greater transparency and accountability towards citizens, JSSP is working with the KJC and courts to upgrade the current KJC/court website. Last quarter, JSSP and the KJC Secretariat conducted the procurement process and selected a winning vendor to develop the website.
On June 4, 2018, JSSP signed the contract with the winning vendor, Converged Communications, to develop Signing of contract for KJC Website, June 2018 KJC website contract signing.
Page 16 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018 a new, modern, professional and user-friendly website for the KJC and the courts. The design and development of the new website is expected to continue through mid-November, 2018. Some of new functionalities envisioned for the website (i.e., search and filtering by case type, and publication of statistics on clearance rates and backlog) may depend on CMIS for efficient operation.
However, at JSSP’s request, the contractor has provided a fail-safe solution which would serve as a back-up plan in the event that the CMIS API fails or provides incomplete functionality. Apart from the default solution of using a CMIS custom-made Application Programing Interface (API) to pour-over data from CMIS into the website, the back-up plan provides solutions for the publication of judgments and other court-related information. This solution would provide search and filter tools and for other functions, however the digitization and indexing of the published court decisions would be more labor intensive for court personnel, in the absence of the CMIS API bridge.
During the quarter, a series of meetings were held among JSSP, the website working group, and the website developer to discuss the project implementation plan and complete a guideline document that specifies key functions and features, CMIS integration, sitemap, and content, as well as additional items which may not be currently covered under the existing specifications. The working group supplied the developer with an initial sitemap for the KJC site and courts’ sub-sites, and also circulated it to each court for feedback and revisions as necessary.
JSSP also worked with the CMIS development team to ensure coordination on the specific requirements and data end-points necessary for development of an interface that allows the transfer of performance data from the case management system to the website. JSSP identified and presented to the CMIS team a set of data on court cases and other statistical reporting that will be required to be available on the website. The CMIS team confirmed that it will have data available to feed into the KJC website, though they have only implemented the module for criminal cases. They have not yet implemented the module for civil cases, nor have they automated the Pristina and Mitrovica courts (which are slated for a future Phase II).
JSSP has developed an initial draft manual and protocols for creating and managing content for the new KJC web portal. The manual aims to establish consistency and quality in the KJC and courts’ web content, while streamlining the process of creating content. It will be supplemented with branding guidelines that will help the judiciary present its identity in a clear and consistent manner in all public and internal official communications.
In addition to its work on the KJC’s website, JSSP continued to help the judiciary improve its use of social media to communicate important information and developments, including maintaining and updating the KJC’s Facebook page. Such communications from this quarter included:
• Information about the 13th conference of the Balkan and Euro-Mediterranean Network of Judicial Councils; • Live video of the conference, "Empowering women in search of inheritance rights"; • Announcement of results for the written exam for candidates seeking the position of a judge in the Basic Courts of Kosovo; and • The meeting of the KJC Chair with representatives from the Women's Leadership Academy, where the topic of discussion was the treatment of victims of domestic violence.
Public outreach and communications are of crucial importance for building trust in the judiciary. To further advance the practice in Kosovo’s courts, JSSP met with the PIOs from all courts to encourage
Page 17 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018 periodic meetings where PIOs could share their experiences and best practices, and learn from the efforts and activities of each other. This idea was well-received by all PIOs and the first such peer-to- peer exchange meeting took place in mid-June. Prior to the meeting, JSSP circulated a training needs assessment survey to the PIOs. Survey results and proposed training topics related to public relations were accordingly discussed at the first meeting.
In addition, JSSP developed a capacity development plan for PIOs addressing the elements identified in the training needs assessment. According to the Peer-to-Peer exchange meeting with PIOs, June 2018 survey the following areas are included:
• Public access to official documents • Management of information for public (publication of trial schedules, information on postponement of hearings, publication of decisions, drafting and publication of monthly/ quarterly reports) • Managing social networks, in particular Facebook management • On-line publications • Visual presentation of data - Infographics • Periodic Newsletters, and • Photography training
JSSP also developed and transmitted a scope of work to the trainer who will conduct training on “access to official documents,” scheduled for September 27, 2018.
For the purpose of educating young people about the judicial sector and promoting a culture of rule of law, on the World Day for International Justice (17 July) JSSP organized a visit with a group of 12 students from the American School of Kosovo to the Pristina Basic Court. Students, aged from 7 to 12, were welcomed by the Deputy Court President and a panel of judges who informed students about the justice system’s institutions/actors, including prosecutors, attorneys, and judges; and the roles they play in upholding the rule of law. Students also attended an open hearing session, which provided them a Elementary school students visit the Pristina BC, July 17, 2018 unique opportunity to directly observe court procedure and see the rule of law in its application. The activity was conducted as a prototype for what may become a regular program of school visitation to the courts.
Additionally, JSSP and the new management of Association of Journalists of Kosovo agreed to organize a one-day training workshop on “Public Relations for Journalists and Public Information Officers.”
Page 18 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018
This workshop will provide a good opportunity for creating better relations between journalists and information officers.
Civil Society Engagement On June 20, JSSP commenced a series of regional roundtables presenting for discussion the results of its court users survey as it reflected on specific courts. The supplemental lawyer’s survey was also discussed. Eighty-five persons, including court presidents, deputies, judges, court administrators, PIOs, CSO representatives, and lawyers, participated across six events.
While representatives from courts that scored poorly on the court users survey questioned its methodology (i.e., random selection of persons exiting court houses who had matters before that court), all court representatives emphasized that the surveys and their findings are a help to the courts in identifying issues that can be improved. To this end, the roundtables included discussions of ways the courts could improve customer satisfaction and methods for the courts to institutionalize court user feedback on service delivery.
After the presentation of main survey findings, participants often spoke to particular issues from the report that resonated locally. For instance, the Pristina Basic Court president spoke about challenges faced in providing necessary case status information to parties, and noted that there are ways to improve the efficient handling of cases, such as making all necessary preparations to conduct hearings as planned. Other court presidents, such as those in Prizren, Peja and Gjakova Basic Courts, discussed a related issue raised by the lawyer survey, that judges are often directly contacted by lawyers for status information on their cases. Another issue discussed was the need to strengthen the information offices so they become efficient mechanisms to inform citizens about issues of public interest. CSO representatives highlighted the policy of redacting all identifying information from hearing schedules and decisions prior to their publication, observing that this increases the burden on the courts when asked for identifying details by reporters, which could be avoided if the court published this information without redaction.
On August 13, JSSP and its partner Democracy Plus (D+) organized a public event to share the two survey reports, marking the official release of the results. USAID/Kosovo’s Acting Deputy Mission Director used the opportunity to emphasize the need for greater transparency and efficiency in the courts’ operations, and to laud the court users survey as an effective way to identify weaknesses in service delivery. Other participants included KJC Members, court presidents, judges, court PIOs, civil society and international community representatives. Presenting the D+ survey results, June 2018 A key issue identified in the survey was the limited case status and scheduling information made available to court users on the courts’ webpages, and the improper communication with judges that the lawyers employ as an alternative. JSSP’s training of PIOs, and the development of the new website for the KJC and courts will support substantial improvement in this area.
Page 19 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018
On May 28, 2018 the Balkan Investigative Reporting Network (BIRN), another JSSP partner, held its last training on social media use for court PIOs, including those serving at the Supreme and Appellate Courts. At this event, PIOs were trained on BIRN’s recently developed social media manual, discussing do’s and don’ts when using social media, as well as protocols on updating official accounts. BIRN also published/posted articles as part of their JSSP-funded program. One article addressed situations where the court closed the hearings to the public, but allowed monitoring of these hearings for research purposes. A second article highlighted irregularities in cases when the courts closed their hearings to the public entirely. BIRN used, as an example, the recent case of the former president of the Court of Appeal, where the decision to exclude everyone from a hearing on his charges was perceived as biased and unjustified. BIRN uses the hashtag #gjyqesoriihapur (translating as “transparent judiciary”) to promote their articles on transparency and accountability of the judiciary. BIRN submitted a final report describing its activities and results on the project. (See deliverable #9.)
With the activities of its CSO partners D+ and BIRN ending, JSSP held an internal brainstorming session to identify a set of CSO activities that will build on JSSP priorities, including accountability, transparency and effectiveness. During the next quarter, JSSP will review and discuss the ideas with other donors and draft an RFP to solicit the interest and proposals from CSOs.
Activity 2.3: Enforcing Mandatory Continuing Legal Education The KJC’s adoption in Year 2 of the regulation on judicial training, with JSSP’s assistance, had an associated set of follow-on actions: the attendance of MCLE by judges each year, the establishment of a Training Committee, provision of advice to the KJC on the training needs of judges, the Training Committee’s development of an annual action plan, and development of a mechanism to monitor judges’ compliance with MCLE requirements.
This quarter, JSSP worked with the KJC, courts and KJA to ensure continuous implementation of the mandatory education for judges, including a training needs assessment for 2019. It also assisted the KJC legal office to prepare for a meeting of the KJC Training Committee scheduled to occur early in the next quarter, that will address monitoring and completion of MCLE Ethics training in 2018, and development of a training plan for 2019.
As is discussed above with respect to ethics training, JSSP met with KJA to identify next steps for implementing MCLE for judges who did not attend the first round of ethics training this year.
Activity 2.4: Improving Judicial Decisions
Publication of Final Decisions JSSP helped Kosovo’s courts significantly increase the total number of decisions published to 6,271 (see breakdown by court in the accompanying chart). During this quarter courts have published 1,300 decisions, and 3,578 decisions published thus far in the third year of the project, a significant increase compared to previous years. By comparison, up to October 2016, courts had published fewer than 90 decisions in total.
Page 20 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018
Publication of court decisions
Gjakova B.C. 455 Ferizaj B.C. 1070 Mitrovica B.C. B.C. 156 Gjilan B.C. 660 Prizren B.C. 1265 Peja B.C. 280 Pristina B.C. 1230 Court of Appeals 685 Supreme Court 470
0 200 400 600 800 1000 1200 1400
Improving Judicial Decisions The requirement that personal data be redacted from the courts’ decisions before on-line publication, continues to impede that process. Given that the pending revision to the Law on Courts stipulates that all judgments be published, the issue of efficient redaction is likely to increase in significance. To support implementation of these revisions, JSSP is approaching the redaction problem from several angles.
These include:
1. Supporting the adoption of standard judgment templates, with an associated workflow, that will expedite conversion of the final hardcopy judgment into its on-line counterpart. 2. Improving the quality of court judgments by building capacity for legal reasoning and writing (as judges will be more supportive of publication when they have more confidence in their writing). 3. Using opportunities to shape policy to a) streamline the process of publication of court decisions, b) narrow the concept of personal data to be included in court decisions and c) establish that publication of specified personal data in court decisions is in the public’s interest for an open and transparent judiciary.
1. Standardizing judgment templates Early in the quarter, JSSP and the KJC approached court presidents about establishing a working group for creating standard judgment templates for use in both civil and criminal cases. Court presidents were asked to provide two judges from their courts, one from civil department and one from criminal department. These became the members of two sub-working groups, one for drafting standard judgment templates in civil cases and the other for criminal cases. This process aims to achieve three objectives. First, to define a format that limits the volume of personal data that would require redaction, and concentrates such information in a specified section of the template to ease redaction burdens. Second, to standardize the form of judgments to create a consistent format and style for
Page 21 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018 published judgments within and across the courts. Finally, by standardizing the forms of judgments, to create better reasoned and evidenced judgments that are more likely to withstand appellate review.
The former Supreme Court President, Fejzullah Hasani and Court of Appeals Judge, Albert Zogaj were engaged to facilitate related workshops/meetings. Three such meetings were organized this quarter, two of the criminal working group and one of the civil group, to build consensus and commitment around the objectives of a standardized judgment form, and to identify what is required to complete the task. The civil judgment group committed to draft a list of judgment types that need separate forms and to start drafting templates by mid-September. The criminal judgment group drafted four proposed Working Group Meeting on Judgment Forms (Criminal), standard templates and parts of four other June 2018 judgment templates that will be utilized to craft remaining forms.
In line with this effort, JSSP reached out to CMIS staff to inform them of the initiative and discuss options for incorporating the final templates into CMIS in the future. JSSP will continue to update the CMIS legal staff to ensure that final forms adopted by KJC with JSSP’s assistance are compatible with CMIS.
2. Improving quality of court decisions by enhancing legal writing skills. Reportedly, a substantial number of judgments are reversed by the Court of Appeals because of a lack of clarity in a particular section. This shortcoming affords a starting point for further training on decision writing. Accordingly, JSSP and the KJA agreed on revising and updating the training on legal writing to make it more practical and exercise based. The proposal came from judges who attended the JSSP-organized regional workshops and round-tables with judges to discuss the handbook on legal writing. As the quarter closed, JSSP was in theprocess of identifying a legal consultant to assist local experts assigned by KJA in restructuring the legal writing module. The KJA will also recommend several judges who can act as trainers.
3. JSSP’s inclusion in the Working Group on drafting the New CPC During first part of August, JSSP was invited to participate in the working group drafting the new CPC. JSSP employed this opportunity to propose changes to the Code that, among other things, facilitate publication of all judgments. The main proposed changes regarding improvement of court decisions and facilitating publication include: a) explicitly expressing the courts’ obligation to publish their decisions, thus bringing the new CPC in line with the upcoming Law on Courts (now in the adoption process at the Assembly); b) linking the judge’s role to the duty of ensuring publication; c) narrowing the scope of personal data to be included in the judgment (thus limiting the amount of personal data to be redacted, was one of the impediments to publication; and d) providing that publication of limited data is in the public’s interest for an open, transparent and accountable judiciary. JSSP also proposed other revisions, including several that harmonize the CPC with the new Law on Mediation, and provide for use of electronic service of summons in some situations.
Page 22 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018
Internship Program During this quarter, JSSP hired two additional interns to support the Basic Court of Mitrovica while five others finished their six-month internship with JSSP. To replace interns who completed their term, JSSP is hiring a third round of interns who will help basic courts with the publication of court decisions and other communication activities, such as preparing press releases, organizing events, and maintaining Facebook pages. The eight successful candidates have been selected and will start working in September 2018.
Civil Benchbook Upon USAID’s request, JSSP collaborated with PRP to incorporate its recently drafted “Practical Guide to the Adjudication of Property Rights Claims in Kosovo,” into JSSP’s Civil Benchbook, which was finalized during Year 2. The Benchbook is a resource to improve case processing which trial judges can reference as issues arise in court. By the end of the quarter, the consolidation of the two documents was substantially completed. It is expected that early in the next quarter the first merged draft will be provided by the editors to JSSP and PRP.
Activity 2.5: Provide Capacity Building for Constitutional Court Transition
Capacity Building Responding to the request of the CCK, and in light of the amendment to the Rules of Procedure, JSSP revised and amended the Orientation Package, developed last year by JSSP, for the newly appointed judges and the members of the Legal Unit. In July of 2018, the President of the Republic of Kosovo appointed five new judges to the CCK, fully staffing the court for the first time in its history with Kosovar judges. The terms of the last two international judges expired in June of this year.
The Orientation Package is intended to serve as a practical introduction and orientation tool for all new judges and legal advisors joining the CCK. The package is structured to provide a clear and concise overview of the work of the CCK and identifies the legal and policy provisions that guide the work of the court. These include the Constitution, the Law on the Constitutional Court, the Rules of Procedure and relevant caselaw. The Orientation Package contains a summary of landmark cases from both the Constitutional Court of Kosovo and the European Court of Human Rights (ECtHR). It addresses practical requirements of the newly appointed judges.
The supplemented Orientation Package was developed with feedback from the CCK on the previous version provided by JSSP to the CCK last year. Although the revised package is still in draft, it has been provided to the CCK and portions of the package have already been used in providing training for the Court’s new judges. The Court’s legal unit has given favorable reviews to the package, and after the Court President has had an opportunity to provide further feedback, the draft will be finalized and further training planned based upon it.
Following a review of the Orientation Package with the President of the CCK, JSSP expects to finalize the document next quarter.
Enhancing CCK Visibility During the reporting period, JSSP continued to coordinate with CCK on communications and outreach, including the design and development of promotional materials to be uploaded on the CCK website and disseminated via other channels, such as public TV broadcasts. As part of these efforts, JSSP assisted the CCK Communications and Information Office in designing promotional material and
Page 23 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018 user-friendly content (e.g., infographics) with key information about the CCK and other relevant information for applicants and the broader audience.
Web analytics data on CCK’s website showed that new subscriptions for published decisions and for the periodic court bulletin increased by 35% compared to the previous quarter, with a total of 98 subscribers (see chart below). The numbers for website visitors were also positive, showing an 18% increase in new users. The number of visitors increased significantly in June, which may reflect a temporary surge in public interest based on the court’s review of a controversial government decision for salary increases.
Top channels in visiting CCK website
CCK website users during 2nd and 6% 3rd quarter 13% 9000 Organic search 8000 Direct 7000 Social 6000 21% 60% Referral 5000 4000 3000 Number of usersof Number 2000 1000 0 August 2018. Data on the above chart shows that 19% of the QTR2 QTR3 website traffic comes from third party platforms or websites, Users 6740 8302 21% know the web address and type in the URL, whereas 60% search the CCK website via a search engine. New users 5962 7279
As JSSP supports the CCK in preparing additional tools for an awareness campaign, it will employ website visitor data (see chart above) to better understand user behavior, channels used to reach the CCK website, and the sections of the website visited. Effective use of such data will help shape a targeted awareness approach.
OBJECTIVE 3: SUPPORT THE FUNCTIONING AND THE INTEGRATION OF THE JUDICIAL STRUCTURES IN THE NORTH Objective 3 focuses on supporting the integration of judicial structures in the north of Kosovo. Highlights for the quarter included assisting the KJC in developing a procedure for certification of parallel courts decisions, installing a heating system in the Zubin Potok courthouse, assisting Mitrovica Basic Court to increase its number of published court decisions, and reaching agreement with the EU project, Support to Free Legal Professions (FLP), to support young attorneys and students in attending training programs that will equip them with skills and knowledge to take the Bar, PEA and notary exams.
Page 24 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018
Activity 3.1: Facilitating the Institutional Integration of Northern Courts
Legal Framework JSSP continued to help KJC in addressing issues involving the validation of court decisions and assignment of cases, as discussed in the Brussels agreement. JSSP and the Mitrovica Basic Court President discussed JSA provisions that regulate recognition of parallel court decisions and reviewed a draft Administrative Instruction on that matter, which JSSP helped craft. An updated draft, incorporating suggestions from the Mitrovica Basic Court President, will be the starting point for the KJC to establish procedures for validating the decisions of courts that operated outside of the judicial system of Kosovo.
During the last quarter, JSSP also developed a proposal for a KJC decision to specifically authorize and direct language-based assignment of cases in the Mitrovica Basic Court and other courts facing similar translation burdens. The proposal was based on research that indicated that court presidents may such authority under current law, and that language-based assignment was an appropriate means of ensuring litigants’ rights to have their cases heard in a reasonable time, and to have their trials conducted in a language that they understand. JSSP reviewed the proposed decision with the KJC Chair, who supported the concept in principle but noted that it could be controversial, and opined that some KJC members could be reluctant to endorse the decision due to the possible perception that assignments were being made on the basis of the litigants’ ethnicity. To address this concern, JSSP developed an alternative approach that would provide for the KJC Chair, at the direction of the KJC, to send a memorandum to court presidents indicating that language-based assignment is within their authority under current law, and further authorizing the Mitrovica Basic Court President to implement the practice for a limited term. A review of the process would be undertaken in January 2019. This approach would allow a low-profile, short-term solution to address the lack of sufficient interpreters to ensure timely disposition of cases of Serbian speaking litigants.
The draft decision, and the alternative “memo” approach, were presented to representatives of the KJC’s Normative and Court Administration Committees as a practical measure for alleviating the significant translation burden faced by Mitrovica and other courts. The members expressed concern and instead proposed to increase the number of translators at courts experiencing significant translation burdens. The issue was ultimately tabled pending further discussions. The Director of the KJC Secretariat confirmed that the KJC lacks the budget resources to address the immediate translation burden.
In subsequent meetings with the Mitrovica Basic Court President, it was agreed that he would act using his inherent authority under the JSA to assign cases based on language skill, as a means supporting efficiency. Given the delays and possible barriers to obtaining a KJC policy statement, which would have ultimately been predicated on his inherent authority to assign cases this way, it made sense for the Court President to simply exercise the authority. He plans to meet with the court’s judges towards the end of August to assign cases in this manner.
As a new matter, Belgrade’s Brussels negotiation team officially informed EU negotiators that a portion of the archived cases generated in the parallel court system will remain in the territory of Kosovo to ensure these cases would be available for re-registration and processing in Kosovo courts, while the rest - consisting of closed cases and cases that can only be pursued under jurisdiction of Serbian courts - will be returned to Serbia. Cases from Gracanica, Novo Brdo and Strpce would first be moved to Mitrovica North, and then to the territory of Central Serbia. Closed cases that will be
Page 25 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018 relocated to Serbia would still be made available for consultation by the mixed panel foreseen under the JSA (where there are conflicts decisions of the parallel courts and Kosovo courts).
The Mitrovica Basic Court President met with the Serbian coordination team to determine further steps related to the transfer of active case files from the closed parallel courts to Serbia. It was agreed that the coordination team will send an official letter to the EU to inform them that they will transport these cases out of Kosovo, and a working group established to identify which cases need to remain in Kosovo and which will be sent to Serbia.
Civil case files concerning property disputes over immovable property within the Kosovo territory will remain in Kosovo and, as necessary, transferred to Kosovo courts. JSSP will work with the KJC, the Mitrovica Basic Court President and the working group to develop a procedure for transferring unfinished cases from the parallel courts to the Kosovo judiciary. The relocation of archives is anticipated to begin during September.
Activity 3.2: Operationalizing Courts in the North
Facility Renovations Installation of a new heating system at the Zubin Potok court branch was started and completed in July, and executed in a manner that did not affect the functioning of the court. Work that would produce noise and dust was conducted over weekends. JSSP staff in Mitrovica monitored the installation’s progress from the initial preparations through completion. To promote energy efficiency and cost savings, the system uses two boilers, positioned on either side of the building, so that less energy is lost in the flow of hot water from a boiler to the distributed radiators. The system also provides some degree of redundancy, in the event a boiler fails. JSSP representatives supervised testing to ensure that the heating system works properly and is ready for the upcoming cold weather season. Installation of new circuit breakers associated with the heating system was also supported. Installation of the heating system in Furniture, Equipment and ICT Zubin Potok branch, July 2018 No furniture, equipment or ICT resources were provided by JSSP to the courts during this quarter. Efforts were, however, made to facilitate the KJC’s provision of resources to the courts in the north through improved communication between the KJC and Mitrovica courts regarding logistical and other requirements. To this end, JSSP drafted a tracking form to clearly identify the status of logistical and administrative court integration issues that remain open. The list was shared with the Zubin Potok and Leposavic supervisory judges, advising them to maintain written records of their communications with the Mitrovica Basic Court. During the quarter, JSSP met with Logistics Officer of Mitrovica BC to discuss communication between Mitrovica Basic Court, Mitrovica Basic Court branches and KJC Secretariat. JSSP provided a copy of the status list to the KJC Chairman while encouraging the Mitrovica Basic Court President to share the list on a routine, updated basis through channels to the KJC.
While one of the items on the tracking list (judicial robes) was procured by the KJC following introduction of the tracking form, numerous other items remain unresolved, though some issues are
Page 26 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018 in the process of being addressed (such as translation – See Language Issues, infra). Among these are telecommunications services. Since integration, landline telephone and internet connections in Zubin Potok and Leposavic court branches have been inoperable. Among other things, the lack of internet connectivity prevents court cashiers at these branch courts from accessing the accounting software used by the judiciary to receive and document payments. Consequently, court users from these two branches must come to Mitrovica to pay their court fees.
As is noted in previous reporting, the KJC has taken steps, since early 2018, to arrange for the VALA telecommunications company to install transceivers that would solve the problem. VALA agreed in February to install infrastructure and provide services, but this has not happened. In August, JSSP’s COP addressed the issue directly with the Director of KJC Secretariat. The Director explained that the Kosovo Government has a nation-wide contract with VALA to provide telephone and internet connections for government entities. He further explained that VALA’s plans to install new towers in the Zubin Potok and Leposavic areas have been blocked by community resistance to the installations, and indicated his belief that the community would accept the installations if the Mitrovica Court President were to so request. JSSP’s COP asked the Mitrovica Court President if he would make such a request and the Court President declined, saying that he did not wish to be a marketing agent for Vala, Kosovo’s state telecom. At the same meeting, the President provided JSSP with an alternative proposal for services from MTS, a Serbian owned telecom licensed by Kosovo, to provide services in northern Kosovo.
JSSP continues to track other shortfalls in resources, both human and material, and to address policy issues that constrain effective use of such (e.g., language-based case assignment).
Providing Basic Services in the Integrated Courts
Court services being delivered Despite logistical impediments, such as insufficient translation resources, and weaknesses in the legal framework, the Basic Court of Mitrovica is providing court services. All urgent cases have been processed immediately, within required timeframes. During the reporting period, 67 Serious Crime Cases were resolved and 112 General Crimes were disposed of. The minor offense department is achieving strong results, in part because the assigned judges have agreed to language-based case assignment.
Language issues Translation remains one of the key shortfalls impeding the work of Mitrovica Basic Court, due to lack of qualified court translators. Lack of interpreters/translators often delays the scheduling of court hearings. As a short-term solution, the Mitrovica Basic Court President asked international organizations to engage translators on its behalf. UNMIK committed to hire 10 translators to start work in September 2018. The court president is also planning to establish a translation bureau, and these translators will be assigned exclusively to translating documents in case files. Contracts for translators engaged by GIZ (4 in total) expired at the end of July, but were renewed on August 1st for a period of three months. The KJC transferred five positions from its staffing allocation to the Mitrovica Basic Court to facilitate the hiring five interpreters. The Mitrovica Basic Court issued a vacancy announcement for these positions, but was forced to cancel the announcement since only
Page 27 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018 two applicants met all the job requirements established in the MPA catalog, as required by civil service rules.2 A new announcement will be issued early in the next quarter.
As is noted above, JSSP continues efforts to establish a policy permitting the Mitrovica Basic Court President to assign cases to his judges based on their language skills. This is the most effective way of dealing with the resource limitations on translation. JSSP has also begun, in anticipation of the new Law on KJC assigns that body with management and oversight of court translators, to assist the KJC in developing a regulation on this point.
Other issues affecting delivery of court services Court hearings are frequently postponed due to an inability to locate the accused. Commonly, summons sent by mail or via Kosovo Police from the Mitrovica Basic Court are being returned the next day, noting that the defendants could not be found. The speed of return of the sent summons is unusual, as it usually takes at three to four days for the summons to be sent and a response received. This raises issues related to the integrity of the summons process, as well as the accuracy of the contact information provided for the defendants.
One way to reduce the failure rate in the delivery of summons is to conduct a case-intake screening that includes checking that adequate information regarding the parties’ names and contact information is included in the filing. During the quarter, JSSP initiated screening of civil cases in the Mitrovica Basic Court. During the screening start-up, JSSP staff learned that non-urgent civil cases have not been assigned to judges since November 2017. JSSP’s plan to initiate civil case screening was put on hold (the court did not want even preliminary action taken on an unassigned case) but we expect the issue to be resolved early in the next quarter, when assignments are made, and to resume screening, for both civil and criminal cases.
Aside from early case screening, JSSP has embedded a BRLO in the Mitrovica Basic Court. During this quarter, 57 cases were disposed of that were identified and processed by the JSSP-provided BLRO. 15 more cases were prepared for disposal.
Activity 3.3: Building Capacity of Human Resources JSSP continued to provide support to the integrated courts to promote their effective operations. During the quarter, it embedded a new backlog reduction officer at Mitrovica Basic Court, who will support judges in reviewing and handling cases, and in screening incoming criminal cases at the court. In addition, JSSP hired two interns, one Kosovo Serb and one Kosovo Albanian, to support preparation of final decisions/judgments for publication at the Mitrovica Basic Court. The interns are responsible for redacting personal data from these court decisions and preparing them for publication on the court’s webpage.
Many training activities that focus on judges should also be made available to Professional Associates, as they have key roles in processing cases, including drafting judgments. To accomplish this, JSSP began organizing a workshop on legal writing and reasoning, which will be conducted next quarter, and will assist the KJC in organizing additional training sessions to increase work efficiency and communication among court staff.
2 The MPA catalog required a unversity degree for the interpreter/translator position, Only two of the applicants met this requirement.
Page 28 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018
JSSP and the EU Support to Free Legal Professions project (FLP) agreed to work together to support training programs for young attorneys and students in the north that will equip them with theskills and knowledge to pass the Bar exam, Notary exam and the examination required for private enforcement agents. In line with this, JSSP drafted an outreach plan that will promote participation in training programs for the above-mentioned exams by court interns and young law graduates residing in northern municipalities. Outreach activities began in August and will continue into September, aimed at identifying potential candidates to participate in the training to be organized in collaboration with EU in September. More details about the outreach activities are reported under activity 4.4.
Activity 3.4: Engaging Civil Society and the Public JSSP’s implementing partner Advocacy Center for Democratic Culture (ACDC) finished its outreach activities project with JSSP in April 2018, during the previous quarter. Prior to the project’s conclusion, ACDC submitted an Assessment Report describing then current conditions and proposing additional interventions in the north. JSSP edited the document this quarter with the aim of making it publication-ready. The final report was resubmitted by ACDC in late May. It was subsequently translated and printed in English, Albanian and Serbian language, and published on ACDC’s website and Facebook to reach out to the audience in the north.
CROSS-CUTTING ACTIVITIES
Activity 4.1: Anti-corruption Based on a concept note that was updated in the previous quarter, JSSP committed to support two streams of work addressing judicial management of corruption cases; (i) development of a comprehensive database to track all corruption cases handled by the Kosovo judiciary, which would facilitate production of various reports; and (ii) assessment of the effectiveness and the efficiency of the judiciary in handling corruption cases. JSSP developed and finalized a methodology to make this assessment. The Supreme Court President who leads the judicial Working Group tracking corruption cases, has approved the proposed methodology and agreed to start work. The Supreme Court will share with JSSP the list of all open corruption cases and JSSP will randomly select 20-30% of these cases for review and analysis. The focus of the assessment will be on procedure, identifying phases in the procedure where corruption cases fall back and how these pitfalls can be identified and avoided.
Further inquiries by JSSP staff have obviated the need for an additional database. JSSP reviewed the existing database (which is currently limited to “Targeted Cases”), and concluded that it is reliable, well designed and sufficient for present purposes. JSSP suggested building on the existing database so as to include data for all corruption cases, and provide access to select KJC staff. This will provide reliable and timely statistical data to both KJC and the WG. JSSP offered its assistance to enter additional data into the database and provide training to judges and court staff on its use. The database will act as an interim tool until the CMIS for criminal cases is fully functionalized and operational. Access will be provided to all court presidents and the KJC Chair to track progress. As a next step, JSSP will identify the pool of open corruption cases and begin random case selection for review.
Activity 4.2: Training During the quarter, JSSP did not conduct or support any training per se, however JSSP continued to assist the KJA and KJC in implementation of the MCLE and preparation for training that will be
Page 29 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018 conducted next quarter, when the KJC Training Committee and KJA will organize training on the Code of Ethics for judges who did not attend the first round of MCLE training on this topic in 2018. Near the end of this quarter, JSSP reviewed outstanding issues bearing on Ethics and MCLE training with the KJA, and assisted the KJC legal office in preparing for a meeting of the Training Committee that will occur in the first week of the next quarter. That meeting is expected to address such issues as the identification of judges to be trained, and the roles of the KJC and KJA in informing them of their obligation to participate.
JSSP also agreed to support training that the EU project, Support to Free Legal Professions (FLP), will provide young attorneys and law students to equip them with skills and knowledge to pass the Bar exam, Notary exam and the examination required for Private Enforcement Agents. The training is aimed at young legal professionals in northern Kosovo. During the present quarter, JSSP undertook various outreach activities aimed at identifying these law graduates and students, and informing them of the opportunity to participate in the training. The EU FLP project plans to conduct three orientation sessions in September, to be followed by training at an undetermined date. For more details, see Activity 4.4, below.
Activity 4.3: Gender Empowerment
Domestic Violence In the beginning of the quarter, a summer intern joined JSSP, with the aim of researching the effectiveness of the Kosovo Justice System’s response to domestic violence. After an initial meeting with the Kosovo Women’s Network, the intern reviewed research reports provided by the Network and developed interview questions for justice system actors. JSSP staff reviewed information collected by the intern and discussed the focus of her ongoing work related to the judicial system’s response to domestic violence. Based on her discussion with local authorities and research, it appears that the justice system implementation of protective orders has dramatically improved in recent years. However, it appears that protective orders generally focus on physical protection of victims, and relatively few cover immediate economic issues such as victim housing and financial support. The intern proceeded to focus further research on this issue. The intern’s time at JSSP was cut short due to illness, and she returned to the U.S. ahead of schedule. As of the end of the quarter, the intern indicated her intent to complete and submit a report on the topic.
Near the end of the quarter, JSSP proposed to the MoJ’s working group that is revising the Criminal Procedure Code, amendments that would bring that Code into compliance with the newly adopted Mediation Law. Among these provisions was one excluding from mediation those matters associated with Domestic Violence.
Activity 4.4: Improving Youth Engagement in the Judiciary As is noted above, under Activity 2.2 (Developing KJC Communication and Outreach), JSSP organized a school visit to the Pristina Basic Court on July 17, the World Day for International Justice. The visit exposed a group of elementary students to the operations of the Pristina Basic Court, and demonstrated for court managers the benefits of student visits as a form of outreach.
As mentioned under Activity 4.2 above (Training), JSSP conducted outreach activities to find young legal professionals in northern Kosovo and inform them of training to be conducted by the EU Support to Free Legal Professions project (FLP). The training aims to prepare participants for the Bar
Page 30 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018 exam, Notary exam and the examination required for Private Enforcement Agents. FLP plans to conduct information sessions about the program in September and substantive training thereafter. To raise awareness of the FLP training, JSSP met with young law graduates in Mitrovica, Zubin Potok, Leposavic and Zvecan municipalities, speaking directly with approximately forty (40) of them. These young lawyers identified an additional fifteen (15) to twenty (20) of their peers, and through contact with relevant local CSOs (ACDC, EU Information and Cultural Center (EUICC), Santa Marija and Local Initiative LINK), JSSP was referred to twenty (20) more. Approximately eighty (80) prospective participants were identified.
Beyond advising the young lawyers about the upcoming training program, JSSP collected contact information from those wanting additional information, and also scouted possible training venues in the three locales where information sessions will be conducted; Mitrovica, Leposavic and Zubin Potok. JSSP has already confirmed the location in Leposavic.
Outreach at the University in Mitrovica was delayed until September, as students will return then from summer break.
PROBLEMS ENCOUNTERED AND SOLUTIONS APPLIED As part of the preparation of this report, Project staff were asked to reflect on the activities of JSSP during the quarter and identify what has worked and where there were problems, and to note responses to the latter. Below are the significant issues observed, organized by project component.
Component 1
Problem 1: Backlog reduction screening of previously filed cases in Pristina has been limited to the active cases that civil judges identify for review (thus limiting impact).
(Planned) Solution 1: JSSP will work with the Pristina court leadership to implement a process for applying the civil screening criteria to previously filed cases where no action has been taken, in an effort to identify cases eligible for immediate disposition and to implement steps to put no-action cases on an active case track.
Component 2
Problem 2: Judges tend to have a rigid understanding of current practices and are often reluctant to support initiatives and adopt methods that introduce change, as reflected in the Judgment Template Working Group’s initial resistance to employing standardized judgment templates.
Solution 2: Generated substantial (if not overwhelming) evidence of the need for change. Regarding the judgment templates, this was done by sharing with the judges a range of previously published judgments that reflected various and obvious inconsistencies in substance, style and format. Empowered change agents that are respected by the group as senior jurists, and who accepted the value of the change
Page 31 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018 concept being considered. Included in the working groups, rank and file judges from various courts, many of whom see the benefit of the templates to their workflow.
Component 3
Problem 3: The pending issue of Court President Kabasic’s authority to employ language-based case assignment continues to delay civil case assignment at the Mitrovica Court. JSSP has supported staff at the KJC in drafting a limited policy that would support, on a temporary basis, Kabasic’s exercise of authority in this respect. However, there appears to be a lack of political will at the Council to support a confirmative policy on this point.
(Planned) Solution 3: Absent a “sea change” in the orientation of the KJC on this point, it appears that the best approach is for Court President Kabasic to exercise his inherent authority in this respect, on his own initiative. Based on research that JSSP conducted during the policy drafting, the Court President may have this authority. Court President Kabasic has already indicated his intent to proceed in this manner.
Page 32 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018 SECTION II – REPORTS AND DELIVERABLES
REPORTS AND DELIVERABLES PRODUCED THIS QUARTER 1. Initial Draft Regulation on the Judicial Archive of Kosovo 2. KJC Workplan for 2018 (English and Albanian) 3. Court Administration Committee (CAC) Priorities list for 2018 4. Draft Regulatory List (drafting phase) 5. Standardized template for reporting y Kosovo Basic Courts (English and Albanian) 6. Data entry template for pending criminal cases in CMIS (English and Albanian) 7. Advocacy Center for Democratic Culture – Assessment Report on the integration of the Judiciary in the North (English, Albanian and Serbian language) 8. BIRN’s Draft - Manual on media and Social Networks Utilization (English, Albanian and Serbian language) 9. BIRN’s Final Narrative Report Promoting Transparency in the Kosovo’s Judicial System (English) 10. Democracy Plus - Court Users Survey (English, Albanian and Serbian language) 11. Democracy Plus - Court Users Scorecards (English, Albanian and Serbian language) 12. Democracy Plus - Infographic Lawyers Survey (English, Albanian and Serbian language) 13. Democracy Plus - Quality of Services provided by Kosovo Basic Courts – as evaluated by Lawyers (English, Albanian and Serbian language) 14. Rules of Procedure of the Constitutional Court of the Republic of Kosovo (English, Albanian and Serbian language)
Page 33 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018 SECTION III – MAJOR ACTIVITIES PLANNED FOR NEXT QUARTER
OBJECTIVE 1: STRENGTHEN THE EFFICIENCY AND THE EFFECTIVENESS OF THE ADMINISTRATION OF JUSTICE AND DELIVERY OF QUALITY SERVICES BY THE KJC AND COURTS • Implementation of a case screening process for pending civil cases, in the Pristina Basic Court, to identify cases eligible for immediate disposition, referral to mediation, and to establish case tracks for remaining cases. • Develop a proposal for KJC review requiring all courts to undertake screening for previously filed civil cases that have no action scheduled. • Monitor the progress of the Basic Courts in migrating all criminal cases to the CMIS by the end of October. • Assisting the KJC Legal Office and the KJC Normative Committee in managing the development and adoption of regulatory priorities for implementation of the new Law on Courts and Law on KJC, based on its plan adopted in the 3rd quarter. • Assist KJC in developing regulations and regulation amendments required to implement changes in the Law on KJC, the Law on the Courts, and on the new Law on Disciplinary Liability. • Assist the KJC in implementing provisions for full time KJC members, including the identification and implementation of staff support requirements, and terms of reference for full time members of the KJC. • Assist the KJC in establishing the role of the Executive Committee, including oversight and management of policy issue research. • Continue assistance to the KJC Secretariat in developing its capacity to monitor the courts’ implementation of decentralized functions, including the development of reporting requirements and mechanisms. • Support the KJC throughout the process of drafting of the new Law on Courts and the Law on KJC. JSSP offered significant assistance to the KJC Normative Committee and the Legal Office to ensure that the relevant comments, provisions and proposals regarding the draft laws are properly prepared and presented to the Assembly of Kosovo. • Assist the KJC Legal Office and the KJC Normative Committee to manage the development and adoption of regulatory priorities for implementation of the new Law on Courts and Law on KJC, based on its plan adopted in the 3rd quarter. • Assist the KJC Training Committee to report to the KJC in accordance with the KJC Regulation on Training, as well as identifying next steps required to properly implement the Regulation on Training and MCLE during 2019. • Assist the KJA in providing management training for court management teams:
Page 34 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018
⎯ Finalize training curricula and related materials for court executive development program ⎯ Identify and train local trainers ⎯ Support training for court presidents, supervising judges, and court administrators • Develop and disseminate a court assistance package for improved backlog, caseflow, and records management practices: ⎯ Compile materials and recommendations developed in Years 1 and 2 ⎯ Update compendium based on Year 3 experience. Disseminate compendium to courts through KJC
OBJECTIVE 2: ENHANCE THE ACCOUNTABILITY AND PROFESSIONALISM OF JUSTICE SYSTEM INSTITUTIONS AND ACTORS • Set grounds for ethics advisory inquiries. • Organize meetings/workshops of the Working Groupto draft judgment templates (3-6 as needed). • Produce first drafts of judgment templates in criminal procedure. • Produce first drafts of judgment templates in civil procedure. • Finalize judgment templates and obtain KJC review and adoption. • Complete and publish the Civil Bench Book merged with PRP’s guide on handling property right claims. • Support KJA and KJC in completing the MCLE trainings for the judges who have not completed training on ethics. • Support KJA and KJC in developing a next year’s training plan for the MCLE. • Review and update the KJI’s training curriculum on legal writing. • Recommend and help KJC change bylaws to provide for use of less personal data in court judgments (this will be coordinated with JSSP’s efforts to put such changes to the new CPC). • Assist KJC amend current policy on anonymization of court decisions. • Oversee website development contract. • Support KJC and the courts in finalizing protocols for content management on the new website, including uploading and updating performance data and secondary legislation. • Support KJC in finalizing the brand-book as a guideline for all publications published by the KJC and courts. • Assist the KJC in preparing an outreach campaign for the new KJC website and its enhanced features. • Assist KJC in implementing an online-based payment solution for court fees. • Prepare and launch the new website for KJC and courts. • Complete designs for new CCK promotional materials.
Page 35 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018
• Support CCK in reformatting the content for promotional materials to make it more user- friendly, re-usable and data-driven. • Issue procurement notice for creating explainer videos (animation) for CCK. • Support CCK in preparing and launching a campaign about the CCK work, the enhanced website features and its transparency and accountability.
OBJECTIVE 3: SUPPORT THE FUNCTIONING AND THE INTEGRATION OF THE JUDICIAL STRUCTURES IN THE NORTH • Assist KJC and Basic Court of Mitrovica to establish periodic regular communications to address technical, logistical, administrative, and other court issues. • Assist KJC in identifying long-term facility options for the BC Mitrovica-south. • Assist KJC in solving of internet connectivity problem in Zubin Potok and Leposavic branch. • Support the KJC in adopting decision on language knowledge-based case assignment, and validation of parallel court decisions, and transfer of open parallel property cases. • Organize three information sessions (Mitrovica North, Leposavic and Zvecan) to attract young lawyers to take a part in free legal professions training program. • Conduct, jointly with the EU FLP project, training for Bar, Notary and PEA exam. • Continuous training for judges and support staff as needed. • Conduct screening of incoming civil and criminal cases at Mitrovica Basic Court.
Page 36 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018 SECTION IV – PMP PROGRESS
SEE FOLLOWING PAGES FOR PMP TABLES
Page 37 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018
PERFORMANCE MANAGEMENT PLAN – OUTCOME AND INDICATOR CHART
Performance Target Actual Target Actual Target Actual Target Expected Result Baseline Comments Indicator Year 1 Year 1 Year 2 Year 2 Year 3 Y3-Q3 Year 4 Objective 1. Strengthen the efficiency and effectiveness of the administration of justice and delivery of quality services by the KJC and Courts 8. Legal framework Number of laws, Baseline 20 20 15 15 10 8 10 In this quarter, JSSP supported the KJC in drafting for judicial efficiency regulations, and N/A as and/or reviewing of 1 regulation, 3 policy planning and independence procedures designed indicator documents, and 2 other supporting documents, as improved. to enhance judicial records follows: 1) Initial Draft Regulation on the Judicial independence program Archive of Kosovo; 2) KJC Workplan for 2018; 3) (Activities 1.2 & 1.5) supported with USG impact Court Administration Committee (CAC) Priorities assistance list for 2018; 4) Draft Regulatory List (drafting F indicator 2.1.2-2 phase); 5) Standardized template for reporting by Kosovo Basic Courts; 6) Planning Template for Data entry of pending Criminal Cases to CMIS. 12. Case backlog Percentage of cases 39,458 15% 37% 40% 56.74% 60% 67.40% 70% Kosovo Basic Courts with JSSP backlog reduction reduced. pending for more than backlog decrease decrease decrease decrease decrease decrease decrease teams disposed of 26,235 or 66.48% of the total civil 24 months (e.g., cases3 and criminal backlog. (Activity 1.6) backlog). (excluding enforce- In addition, 595 or 1.50% of total backlog cases were Disaggregated by court ment) disposed by JSSP intervention from July 1st, 2018 type and case type through August 16th, 2018.
Cumulative JSSP’s backlog reduction teams during the 3rd Quarter of Y3 directly intervened in disposing 2.85% of the total criminal and civil backlog, or 1,125 cases.
JSSP’s backlog reduction teams with direct intervention disposed total of 17,001 cases or 43.08% of total backlog cases.
Based on court reporting through 30 June 2018.
3 The baseline was updated at the beginning of April 2016 to reflect the number of backlog cases in the system at the end of 2015 (i.e., the number of cases that had been in the system for more than two years as of December 31, 2015). Backlog data is based on official statistics provided by the KJC Secretariat.
Page 38 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018
Performance Target Actual Target Actual Target Actual Target Expected Result Baseline Comments Indicator Year 1 Year 1 Year 2 Year 2 Year 3 Y3-Q3 Year 4 13. Increased case Ratio of new case filing 2015 100% 112% 95-100% 135.16% 95-100% 165.08% 95-100% The clearance rate reflects the cases filed and clearance rate. to case disposition in 83% disposed from April1st through June 30th 2018, in all targeted courts Basic Courts and branches, based on KJC statistics. (Activity 1.5) assisted by USG. Criminal general department: Disaggregated by court Cases filed - 5,120; Resolved 6,243 (121.93%) type and case type over Serious Crimes: time Cases filed – 316; Resolved 464 (146.83%) Juvenile: Cumulative Cases filed - 211; Resolved 2224 (106.16%) Civil: Cases filed - 4,770; Resolved 3,972 (83.27%) Administrative: Cases filed – 1,002; Resolved 507 (50.59%) Commercial: Cases filed - 192; Resolved 173 (90.10%)
TOTAL: Clearance rate for ALL case types, including Minor offences, in all Basic courts: 165.08%
Based on court’s reporting period: April through June of 2018. Objective 2. Enhance the accountability and professionalism of justice system institutions and actors 17. Knowledge and Percentage of trained 2015/ 0% 25% 89% 45% N/A 65% 96% Based on 304 survey responses who took the skills of judges, judicial personnel training of ethics. administrators, and applying skills and Disaggregation: non-judicial staff tools. Gender: 9 women, 21 men. improved. Ethnicity: 24 Albanian, 6 Serbian. Disaggregated by gender, Institution: Basic Courts – 20; Court of Appeals – 3; (Activities 2.1 & 2.3) ethnicity, and profession. Supreme Court – 12 judiciary in the North – 5.
Cumulative
4 The sample questionnaire was sent to Judges trained in the Code of Ethics. The low rate of response from judges was affected by the summer holidays.
Page 39 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018
Performance Target Actual Target Actual Target Actual Target Expected Result Baseline Comments Indicator Year 1 Year 1 Year 2 Year 2 Year 3 Y3-Q3 Year 4 18. Collaboration Number of USG 2015/0 6 10 12 13 20 21 25 In Q3 of Y3, 12 events/activities (counted as 4) were between KJC, civil assisted campaigns and held to increase judicial transparency, improve society, and media programs that enhance communication of the courts with the public. This improved. public understanding, includes: Two media pieces by BIRN on: a) NGO support, and corruption cases that have been closed for the (Activity 2.2) media coverage of public and media, & the lack of legal reasoning in judicial independence, those cases for closing the proceedings; and b) F indicator 2.1.3-17 transparency and analysis of the legal framework for the publication accountability.5 of case documents for academic purposes; Six (6) Roundtable discussions with seven (7) Basic Courts and representatives of CSOs, and Lawyers on the Court User Survey, and a final public event on the publication of the D+ final reports; Two (2) BIRN public discussions on: a) the importance of publicity of criminal procedure in preventing and combating corruption; and b) the coordination between relevant institutions in reporting criminal cases; and Pristina Basic Court visit by the primary lower secondary school students. 21. Transparency of Percentage of final 0 6 25% 1% 40% 7% 66% 10% 80% The process of publishing final court decisions on judicial decisions. court decisions posted the KJC web portal is slow due to insufficient on court websites. commitment of human resources required to (Activity 2.4) collect and redact court decisions. Due to courts’ Disaggregated by failure to track the number of final decisions issued language on a regular basis, the denominator for this indicator is an estimate based on the historic monthly average of decisions from January 2016 to February 2017. Pristina Basic Court is an exception, providing more up to date information, due to the engagement of two JSSP interns dealing with judicial decisions.
5 Campaigns and programs include outreach initiatives developed collaboratively by KJC and civil society as a result of program facilitation, media reports on KJC or court reforms and services, and monitoring of KJC or court processes by civil society. 6 As of March 2016, no final decisions had been posted on court websites.
Page 40 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018
SECTION V – SUCCESS STORIES
Page 41 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018
Kosovo Courts Ope n to Public Scrutiny
June 2018 – At several courts in Kosovo, students have been publicly questioning judges, and getting answers. Judges and other justice offi- cials voluntarily met with student groups to respond to questions and comments that sometimes challenged their exercise of authority or even questioned judicial integrity. Demonstrating their openness and transpar- ency, judicial leaders responded to all questions and provided partici- pants with credible answers.
Aiming to improve the judiciary’s public outreach and communication, USAID’s Justice System Strengthening Program, in collaboration with Live discussions, streamed via BIRN and Balkan Investigative Reporting Network (BIRN), organized a series of courts’ official Facebook pages, attracted a live public discussions between judges, students and citizens. Held at large number of citizens, students and court courts around the country and live-streamed via Facebook to tens of users. Over a period of eight months, nine thousands of citizens, the discussions informed students and citizens public discussions were held, generating alike about court operations, efforts to promote greater judicial transpar- more than 100,000 visits. ency and accountability, and matters of interest, such as the processing of terrorism and corruption cases. USAID and BIRN launched the monthly public discussions in October 2017 in cooperation with the Basic Courts of Pristina and Gjilan. Panel- ists included court presidents, judges, prosecutors and lawyers, who presented different perspectives on the justice system and opened space for debate on issues like access to justice and the right to public infor- mation about proceedings.
Viewers of the live stream were invited to submit questions and com- ments, and some did so. A few produced hard-edged questions, such as Live discussions, streamed via BIRN and “Is there a Court for corrupted judges?” Judicial leaders did not shy courts’ official Facebook pages, attracted a away, but instead answered all questions candidly. The net effect was to large number of citizens, students and court establish that judicial leaders are open and transparent. users. Over a period of eight months, nine pub- lic discussions were held, generating more Liridona Sabedini, a fourth-year student of the Kadri Zeka University Law than 100,000 visits. Faculty in Gjilan, came away with this view, noting “I was very interested in questions about when court proceedings are made public and when they are closed. Panelists were well prepared and very transparent with us. As a law student, I think that these discussions are enhancing the trust of citizens in the system of justice.”
The candor of the justice officials was clearly a selling point. “In these discussions we have talked about many issues that mainly relate to the transparency of the judiciary, and responded to many student questions. While we have not prejudged or provided opinions on cases pending trial in the Court, we have talked about managing these cases in conformity with the Code of Ethics’” says Afërdita Bytyqi, President of the Pristina Basic Court. The last in a series of nine public discus- sions, at Gjilan Basic Court on May 24, The Justice System Strengthening Program is a four-year rule of law 2018. program that builds upon USAID’s prior efforts to advance the rule of law in Kosovo and ensure that the justice system operates in a professional, June 2018 efficient, and accountable manner.
Page 42 USAID Contract AID-167-TO-16-00001 Millennium DPI Partners Justice System Strengthening Program in Kosovo – Quarterly Report September 6, 2018
Enhancing Judicial Transparency to Promote Public Trust
August 2018 –Kosovo’s courts are being held accountable by the public they serve. Through a USAID-sponsored survey of court users, all first instance courts were scored and ranked in three critical areas: efficiency, transparency and integrity. A supplemental attorney survey further identified specific problems and potential solutions. A number of courts are already responding with improved services.
The two surveys were designed and conducted by USAID’s Justice System Strengthening Program through its civil society partner Democracy Plus. 817 randomly selected court users participated in the users survey. 321 lawyers participated in the attorney survey. Democracy Plus staff member asking a court user to participate in the survey at At a public launch of survey results held in Pristina in August 2018, Gjilan Basic Court. USAID Acting Deputy Mission Director Brian Martalus remarked that the survey reflects citizens' demand for a transparent judiciary that
provides more efficient services and greater accountability.
“These survey results should motivate the judiciary to work with civil society to improve public communications and outreach, enhance service delivery based on citizen input, and increase the public’s understanding of Kosovo’s court system,” Martalus said.
The court users survey indicates that the quality of services varies from court to court. When asked whether they were able to get their court business done in a reasonable time, the number of respondents that “The courts that scored better offer some strongly agreed ranged, by court, from 7% to 50%. The attorneys examples for the adoption of better surveyed reported the incidence of bribe solicitation, across all of practices," Roberta Osmani, of Kosovo’s courts, at 13%. Court users reported 4.5%. This may indicate "Democracy Plus," stated. decline, and courts are already installing complaint boxes and “hot lines” through which citizens can report inappropriate conduct.
After reviewing court survey results, Arben Hoti, Deputy President of the Pristina Basic Court, said that his court will “add staff to the information office to provide better information to the parties, the lawyers and the public.” The Justice System Strengthening Program is developing a new website for the courts and justice system that will also ease information dissemination.
The attorney survey revealed that lawyers at times improperly communicate with judges to get case information. Survey results and USAID-funded ethics training specifically targeting judges’ communication with lawyers are helping to reduce such ex parte Presentation of Court User Survey communications. Vaton Durguti, President of Gjakova Basic Court, Findings concurred, noting that “I believe that judges are now aware that ex- parte communication with lawyers is not allowed.”
USAID’s Justice System Strengthening Program is a four-year program that focuses on promoting a judicial system that adheres to high standards of independence, impartiality, integrity, accountability, and transparency, and on supporting the functioning and integration of judicial structures in the north.
Page 43