(Un) divided property – Analysis of the possession of property by political officials and spouses of political officials

Prishtinë, 08 March 2021 – The FOL movement with the support of the Konrad Adenauer Stiftung (KAS) has analyzed data from the declaration of assets of public officials regarding the possession of the assets of public officials and the wives of public officials. To discuss the findings of this report were invited Edi Gusia, Chief Executive Officer of the Agency for Gender Equality, Office of the Prime Minister and Luljeta Demolli, Executive Director, Kosovo Center for Gender Studies. Also online was Daniel Brown, director of the KAS office for Kosovo and Macedonia.

Mexhide – Demolli – Nimani executive director for the FOL Movement said that the purpose of this report is to reflect upon the conditions of the official public women and the women of the public officials in the declaration of property on behalf of both spouses, but also the participation of the wife as owner in the donated inheritance or (individually) purchased property. “This report includes the deputies of the last two legislatures of the Assembly, the government cabinets of the Haradinaj government, Kurti and Hoti, as well as the mayors,” she said.

Daniel Brown – office director of KAS- in Kosovo and Macedonia said that economic equality is very important in order to reach women equality.

Alba Jakupi from FOL Movement presented findings reports and she said:

In Hoti Government – only 36% of ministers have assets on the name of their wife’s, while 18.5% of deputy ministers have assets the on name of their wife’s: This government has had 3 women ministers, two of whom have assets on their name while one does not.

In Kurti Government, 85% of former ministers have assets on the name of their wife’s, 50% of deputy ministers have assets on the name of their wife’s. In this government, 50% of women ministers have assets on their name, while 33% of deputy ministers have assets on their name.

In Haradinaj Government, 25% of former ministers have assets on the name of their wifes’s, while 50% of former deputy ministers have assets on their wife’s name. This government has had only one women minister, which had assets on her name, said Jakupi.

Edi Gusia, the head of Gender Equality Agency in the prime minister office, said that Family law recognizes property created after marriage as property belonging to both spouses, unfortunately they are not yet aware to register in the name of both spouses. “I am glad that 55% of mayors have registered assets in the name of their spouses, even though no woman leads at the municipal level,” said Gusia.

Meanwhile, Luljeta Demolli – director of the Kosovo Center for Gender Studies, said that in Kosovo the division of heritage is not satisfactory and as she says, this shows that there are still remnants of patriarchy in families and institutions. “The division of wealth is a division of power, so it can be seen that in Kosovo this power does not belong to both sexes equally,” she said.

Open Call for the Award: “Speak Up on Procurement”

Lëvizja FOL (FOL Movement) with the support of the USAID Program – Transparent, Effective and Accountable Municipality, opens the call for applications for the “Speak Up on Procurement” Award.

Monitoring public procurement by journalists directly or indirectly will push relevant institutions to review their working methods in order to be more transparent and accountable in spending public money.

Therefore, to encourage investigative journalism in the field of public procurement, FOL will award three prizes for articles published by investigative journalists in this field who have reported irregularities and abuses through public procurement procedures. The first prize will be 500 euros, the second 300 euros and the third will be 200 euros.

Who can apply?

Journalists that work in Kosovo, as freelancers or employed by media registered in Kosovo.

– Articles must be published for all forms of journalism (print, internet, radio and TV) broadcast in Kosovo media in the official language.

– Articles/stories submitted for application must be published during the calendar year 1 January – 31 December 2020.

Application/Nomination Procedure:

– Apply by sending the article, the publication link and a brief bio of the applicant to the email: [email protected], with the subject “Application/nomination for the FOL award for procurement”

Deadline for application:

– The deadline for application is no later than 19.03.2021 11:59pm.

Evaluation:

The “Speak up on Procurement” Award Jury will consist of media experts and experts in the field of public procurement.

Civil Society: Kelkos withdraws lawsuit against activist Shpresa Loshaj

Deçan, 2 March 2021 – The ad-hoc coalition and the civil society organization held a press conference today, on which occasion the answers to the lawsuit filed by the Kelkos company against the activists Shpresa Loshaj were submitted.

Adem Lushaj, activist from Decan read a statement sent by Shpresa Loshaj which says: “This aggressive lawsuit against me is clearly showing that Kelkosi has a lot to hide and cover, for this they are being released in extreme measures. They are suing me for facts that we as Deçanas have had in front of our eyes for almost 10 years, but they are also documented by public institutions, the People’s Advocate and civil society. But the more they are trying to cover the overwhelming evidence of their crimes over the Deçan Gorge, the more they are sliding down. They sued me because they probably thought I would be alone, but we testified differently. Thank you tens, thousands of citizens from Kosovo and the diaspora for support messages, providing professional assistance, financial and everything possible just to protect ourselves from Kelkos. I want to assure you that their attempts to silence us do not frighten us, but only strengthen our resolve, and unite us even more in defense of our country and our democracy, and we will not stop #DERINEFUND!”

Meanwhile, lawyer Rina Kika said that Kelkos had sued environmental activist Shpresa Loshaj and asked her to pay (1) 100,000 euros in damages for reputation damage; (2) to apologize publicly for the statements made and 3) to refrain from such statements in the future. Kelkos claims, among other things, that Shpresa, based on no facts, has publicly stated (1) that Kelkos has produced electricity for years without an environmental permit and (2) that Kelkos has degraded the environment in the Decan Gorge. All declarations of Hope are based on facts and are protected by the freedom of expression protected by Article 40 of our Constitution. “The Declaration of Hope that Kelkos has produced electricity for years without an environmental permit and without a license is based on the monitoring report of the company Kelkos Sh.p.k. dated 14 December 2016, issued by ERO. In this report it is ascertained that in the absence of the environmental permit ERO has not issued a license for operation and that despite this Kelko has continued with the operation of HPP Deçani and HPP Belaje, without license and without environmental permit. In the Annual Report 2018, ERO ascertains again that from April 1, 2016 Kelkos has continued commercial operation without an environmental license. Therefore, the statements of Shpresa that Kelkos has produced electricity for years without environmental permits are statements based on facts and are protected by freedom of expression “, said Kika, adding that Shpresa has used her constitutional right to express herself freely on an issue with public interest such as the protection of the environment and water, therefore today we have submitted the response to the lawsuit and we have asked the Court in Deçan to reject the lawsuit as unfounded.

Mexhide Demolli Nimani, said that it is the second time that we as civil society are in front of this court building in Deçan, to support the activists sued with the SLAPP lawsuit and unfortunately the lawsuit comes from the same company, only the names of the activists change and the figures required as compensation. “Today I represent here the voice of over 75 NGOs and activists of dozens of civil society organizations which support Hope in this case, as well as the Adriatic last year. “In addition to supporting Hope, we also express our concern about the trend of using SLAPP lawsuits against activists and journalists. “We consider that the SLAPP lawsuits, if successful in court, would pose a threat to democracy and the right to freedom of expression.” Civil Society will continue to monitor and support such cases and will continue to work to combat SLAPP lawsuits.

 

The publication of judgments continues during 2021, led by the Basic Court of Pristina

Pristine, 11 February 2021– Levizja FOL  has continued to monitor the publication of judgments by all Kosovo courts. During the monitoring of judgments published on the website of the Kosovo Judicial Council for January 2021, 1628 judgments were published. FOL has also monitored the judges with the most judgments published for each court.

During January, the court with the most published judgments is the Basic Court of Prishtina, which has published a total of 342 judgments. This court (together with the branches in Lipjan, Podujeva, Gllogovc, Gracanica) has published 135 civil cases, 163 criminal, 5 economic and 39 administrative. Meanwhile, regarding the judges with the most judgments published in the Basic Court of Prishtina are: Avdirrahman Gashi (27 judgments), Shefshet Baleci (26 judgments), Selman Salihi (22 judgments), Fisnik Nuli (20 judgments), Hidajete Gashi (19 judgments).

The Basic Court of Mitrovica (together with its branches in  Skënderaj, Vushtrri, Zubin Potok, Leposavic) has published a total of 165 judgments: 57 civil and 108 criminal cases. The judges with the most published judgments are: Rrahman Beqiri (36 judgments), Sladjana Gabic (22 judgments), Agron Maxhuni (22 judgments), Gëzim Ademi (21 judgments), Naim Meholli (19 judgments).

The Supreme Court (including the Special Chamber and the Appellate Panel) has issued a total of 131 judgments. Of these, 94 are civil, 14 criminal, 1 economic and 22 administrative.

The five judges with the most published judgments are: Teuta Ibrahimi (35 judgments), Sabri Halili (20 judgments), Hasim Sogojeva (18 judgments), Hajrie Shala (16 judgments), Jelena Krivokapic (7 judgments).

The Court of Appeals (together with the Mitrovica Appeals Division) has issued a total of 91 judgments: 82 civil, 9 criminal, and no economic or administrative cases.

The judges who have published the most judgments in this court are: Makifete Saliuka (20 judgments), Valon Totaj (16 judgments), Kujtim Pasuli (12 judgments), Gëzim Llulluni (11 judgments), Nora Bllaca-Dula (9 judgments).

The Basic Court of Ferizaj (together with the Kaçanik and ërtrpce branches) has published a total of 148 judgments: 39 civil and 109 criminal cases.

The five judges with the most published judgments were: Adem Shabani (14 judgments), Fitore Daci (14 judgments), Shabi Idrizi (14 judgments), Zajrete Muhaxhiri (13 judgments), Imri Sejda (12 judgments).

The Basic Court of Gjakova (together with the branches Malisheva and Rahovec) has published a total of 205 judgments: 61 civil and 144 criminal cases.

The five judges with the most published judgments were: Mizahir Shabani (21 judgments), Diana Sina (20 judgments), Ilirjana Hoti (20 judgments), Malsor Kryeziu (20 judgments), Drilon Haraçia (19 judgments).

The Basic Court of Gjilan (together with the branches Viti, Kamenica and Novobërdë) has published a total of 124 judgments: 74 civil and 50 criminal cases.

In the Basic Court of Gjilan the five judges with the most published judgments are: Rilind Sermaxhaj (18 judgments), Florije Qerimi (15 judgments), Mirvete Alidemi (13 judgments), Gazmend Ajvazi (11 judgments), Sadri Krasniqi (10 judgments).

The Basic Court of Prizren (together with the Dragash and Suhareka branches) has published a total of 120 judgments: 11 civil and 109 criminal cases.

The judges with the most published judgments are: Qemail Suka (20 judgments), Shpresa Emra (15 judgments), Refik Piraj (11 judgments), Sebahate Kurteshi (10 judgments), Arjeta Gashi (10 judgments).

The Basic Court of Peja (together with the Klina and Istog branches) has published a total of 302 judgments: 80 civil and 222 criminal cases.

The judges with the most published judgments are: Violeta Husaj Rugova (37 judgements), Arben Mustafaj (24 judgements), Sulltan Dobraj (22 judgements), Murat Hulaj (22 judgements), Sami Sharaxhiu(22 judgements).

MINING AND MINERALS SECTOR IN THE REPUBLIC OF KOSOVO

HYDROPOWER PLANT SECTOR

FOL focuses on 10 priority reforms for the fight against corruption in public administration

Pristine, 15 January 2020 – Levizja FOL together with the support of KFOS will engage in monitoring the implementation of public administration reforms. Public administration reform is an essential process for strengthening the transparency and accountability of public institutions, which is a prerequisite for preventing corruption and abuse of office. In this regard, the FOL Movement has identified 10 priority measures of public administration reforms for 2021 that are of particular importance for the fight against corruption. These reform measures are derived from the strategic framework of public administration reforms, mainly the Strategy for Modernization of Public Administration 2015-2020 and the Sectoral Reform Contract for Public Administration Reform between the Government of Kosovo and the European Commission. The FOL movement will advocate for the implementation of 10 priority reform measures and will monitor the work of institutions in their implementation.

Each reform priority measure will be assessed on whether it has been implemented, not implemented or has progress towards implementation. Depending on the assessment, which will be based on data to be provided by the FOL Movement research, the organization will issue an overall note of the performance of the Government of Kosovo in implementing public administration reform in 2021.

The development of this monitoring and evaluation card has the dual purpose of encouraging the government to achieve concrete results in public administration reforms that are of particular importance in the fight against corruption and to focus the monitoring work of civil society in the implementation process of reforms in public administration.

Priority reforms with focus from the FOL Movement:

  • Percentage of implementation of short-term measures by the National Program for the Implementation of the SAA
  • Percentage of sector strategies / policies, concept papers and primary laws adopted by the government in 2020 that have been subject to public consultation in accordance with the Minimum Standards for Public Consultation
  • Establishment of the Department for Management of Public Officials in the Ministry of Internal Affairs
  • Initiate the implementation of centralized recruitment in the civil service in accordance with the Law on Public Officials
  • Implementation of application and electronic testing for admission to the civil service of the Republic of Kosovo
  • Approval by the Government and submission to the Assembly of the necessary legal measures so that special administrative procedures that conflict with the Law on General Administrative Procedures are repealed or harmonized.
  • Implementation of the first wave of agency rationalization in accordance with the action plan and concept paper approved by the Government.
  • Suspension of public officials who have been indicted or under investigation for corruption-related offenses
  • Removal from public office of officials who have been convicted of corruption-related offenses
  • Publication of the report on disciplinary measures taken against civil servants for violations of ethics and anti-corruption legislation.

 

The Success of the Program for Strengthening the Justice System

Pristina 10 november 2020 – FOL Movement and BIRN Kosovo with the support of USAID Kosovo – Program for Strengthening the Justice System, have implemented a project to increase transparency in the judicial system of Kosovo, for 17 months. The success of this project is presented numerally through the following infographic.

1530 aktgjykime janë publikuar gjatë muajit shtator

 

Prishtinë, 24 tetor 2020 – Lëvizja FOL dhe BIRN Kosova me mbështetjen e USAID-Programi për Fuqizimin e Sistemit të Drejtësisë prezantojnë të dhënat nga monitorimi i publikimit të aktgjykimeve në të gjitha Gjykatat e Kosovës. Përmes infografikave në vazhdim ju mund të shihni publikimin e të gjitha aktgjykimeve nga të gjitha gjykatat e Kosovës për muajin shtator  2020.

Sqarim: Monitorimi i publikimit të aktgjykimeve për periudhën 1 shtator – 30 shtator 2020 është bërë për të gjitha gjykatat e Kosovës. Në fokus kanë qenë departamentet penale, civile, ekonomike dhe administrative. Po ashtu, ky monitorim ka përcjellë publikimin e aktgjykimeve sipas gjyqtarëve të gjykatave dhe departamenteve. Kryetari i Gjykatës Supreme, Apelit, kryetarët e gjykatave themelore si dhe gjyqtarët e Divizionit për Kundërvajtje nuk janë përfshirë në këtë monitorim.

Gjatë monitorimit të aktgjykimeve të publikuara në ueb-faqen e Këshillit Gjyqësor të Kosovës për periudhën e lartpërmendur është vërejtur se në total janë të publikuara 1,530 aktgjykime, po kaq aktgjykime FOL dhe BIRN kanë shënuar në bazën e të dhënave.

Edhe gjatë muajit shtator është vërejtur se gjykatat kanë publikuar aktgjykime për gjyqtarët të cilët janë avancuar në pozita më të larta, kanë kaluar në departamentin e kundërvajtjes apo kanë dalë në pension. Kjo është arsyeja pse ka dallime në numrin e gjyqtarëve në gjykata dhe numrin e gjyqtarëve që kanë publikuar aktgjykime gjatë muajit shtator.

*Mohim i përgjegjësisë: Ky monitorim është mundësuar me mbështetjen e popullit Amerikan përmes Agjencisë së Shteteve të Bashkuara për Bashkëpunim Ndërkombëtar (USAID). Përmbajta e këtij artikulli është përgjegjësi vetëm e Lëvizjes FOL dhe BIRN Kosova dhe jodomosdoshmërisht reflekton këndvështrimet e Agjencisë së Shteteve të Bashkuara për Bashkëpunim Ndërkombëtar apo Qeverisë së Shteteve të Bashkuara.

178 out 388 out judges have published judgments during August 2020

Pristina, 18 September 2020 – FOL Movement and BIRN Kosovo with the support of USAID – Justice System Strengthening Program (JSSP) present monitoring data on the publication of judgments in all Kosovo Courts. Through the following infographics you can see the publication of all judgments by all Kosovo courts for august 2020.

 

 

Clarification: The publication of judgments during the period of August 1-31, 2020 was monitored for all Kosovo’s courts focusing on criminal, civil, commercial, and administrative departments. Additionally, this monitoring covered the publication of judgments according to judges from all courts (including their branches) for the abovementioned departments. The President of the Supreme Court; President of the Court of Appeals; Presidents of the Basic Courts; and the Judges from the Division for Minor Offences are not included in this monitoring.

During the month of August it has been noticed that courts have published judgments made by judges who have been promoted to more senior positions, have been transferred to Minor Offence Division, or have retired. These shortcomings were noted during a detailed verification by BIRN and FOL.

*Disclaimer: This monitoring was made possible by the support of the American People through the United States Agency for International Development (USAID). The content of this article is the sole responsibility of FOL Movement and BIRN Kosova and does not necessarily reflect the views of the United States Agency for International Development or the United States Government.

179 out of 385 judges have published judgments during July 2020

Pristina, 20 August 2020 – FOL Movement and BIRN Kosovo with the support of USAID – Justice System Strengthening Program (JSSP) present monitoring data on the publication of judgments in all Kosovo Courts. Through the following infographics you can see the publication of all judgments by all Kosovo courts for July 2020.

 

Clarification: The publication of judgments during the period of June 1-31 of July, 2020 was monitored for all Kosovo’s courts focusing on criminal, civil, commercial, and administrative departments. Additionally, this monitoring covered the publication of judgments according to judges from all courts (including their branches) for the abovementioned departments. The President of the Supreme Court; President of the Court of Appeals; Presidents of the Basic Courts; and the Judges from the Division for Minor Offences are not included in this monitoring.

During the monitoring of judgments published in the Kosovo Judicial Council’s website, for the above-mentioned period, it has been noted that there is a total of 1,391 judgments. During the month of July it has been noticed that courts have published judgments made by judges who have been promoted to more senior positions, have been transferred to Minor Offence Division, or have retired. These shortcomings were noted during a detailed verification by BIRN and FOL.

*Disclaimer: This monitoring was made possible by the support of the American People through the United States Agency for International Development (USAID). The content of this article is the sole responsibility of FOL Movement and BIRN Kosova and does not necessarily reflect the views of the United States Agency for International Development or the United States Government.

Basic Court of Prishtina Leads With the Most Published Judgements in the Month of June

Pristina, 22 July 2020 – FOL Movement and BIRN Kosovo with the support of USAID – Justice System Strengthening Program (JSSP) present monitoring data on the publication of judgments in all Kosovo Courts. Through the following infographics you can see the publication of all judgments by all Kosovo courts for June 2020.

 

Clarification: The publication of judgments during the period of June 1 to June 30, 2020 was monitored for all Kosovo’s courts focusing on criminal, civil, commercial, and administrative departments. Additionally, this monitoring covered the publication of judgments according to judges from all courts (including their branches) for the abovementioned departments. The President of the Supreme Court; President of the Court of Appeals; Presidents of the Basic Courts; and the Judges from the Division for Minor Offences are not included in this monitoring.

During the monitoring of judgments published in the Kosovo Judicial Council’s website, for the above-mentioned period, it has been noted that there is a total of 1,633 judgments published, or 3 more than BIRN and FOL have in their database. This difference in is due to a double publication of judgments. Additionally, during the month of June it has been noticed that courts have published judgments made by judges who have been promoted to more senior positions, have been transferred to Minor Offence Division, or have retired. These shortcomings were noted during a detailed verification by BIRN and FOL.

*Disclaimer: This monitoring was made possible by the support of the American People through the United States Agency for International Development (USAID). The content of this article is the sole responsibility of FOL Movement and BIRN Kosova and does not necessarily reflect the views of the United States Agency for International Development or the United States Government.

Out of 802 judgments published in May, 316 of them are from the Basic Court of Prishtina

Pristina, 20 June 2020 – FOL Movement and BIRN Kosovo with the support of USAID – Justice System Strengthening Program (JSSP) present monitoring data on the publication of judgments in all Kosovo Courts. Through the following infographics you can see the publication of all judgments by all Kosovo courts for May 2020.

Clarification: The publication of judgments during the period of May 1 to May 31, 2020 was monitored for all Kosovo’s courts focusing on criminal, civil, commercial, and administrative departments. Additionally, this monitoring covered the publication of judgments according to judges from all courts (including their branches) for the abovementioned departments. The President of the Supreme Court; President of the Court of Appeals; Presidents of the Basic Courts; and the Judges from the Division for Minor Offences are not included in this monitoring.

 

During the monitoring of judgments published in the Kosovo Judicial Council’s website, for the above-mentioned period, it has been noted that there is a total of 802 judgments published. Additionally, during the month of May it has been noticed that courts have published judgments made by judges who have been promoted to more senior positions, have been transferred to Minor Offence Division, or have retired. These shortcomings were noted during a detailed verification by BIRN and FOL.

*Disclaimer: This monitoring was made possible by the support of the American People through the United States Agency for International Development (USAID). The content of this article is the sole responsibility of FOL Movement and BIRN Kosova and does not necessarily reflect the views of the United States Agency for International Development or the United States Government.

 

 

Monitoring of Kosovo Judicial Council (KJC) Meetings

Pristine, 5 June 2020 – Lëvizja FOL and BIRN KOSOVA, with the support of the USAID Program for Strengthening the Justice System, monitored the meetings and the decisions of the Kosovo Juridical Counsil during the period of December 2019- April 2020. This monitoring were done to estimate the compliance and the level of transparency with the law on Kosovo Juridical System. Due to the preventive measures taken by the Government of Republic of Kosovo, is order to protect against COVID 19, Lëvizja FOL and BIRN Kosovo have not monitored the last three meetings of the KJC.

 

 

Number of judgements during April has been reduced

Pristina, 20 May 2020 – FOL Movement and BIRN Kosovo with the support of USAID – Justice System Strengthening Program (JSSP) present monitoring data on the publication of judgments in all Kosovo Courts. Through the following infographics you can see the publication of all judgments by all Kosovo courts for Aprill 2020.

 

 

Clarification: The publication of judgments during the period of April 1 to April 30, 2020 was monitored for all Kosovo’s courts focusing on criminal, civil, commercial, and administrative departments. Additionally, this monitoring covered the publication of judgments according to judges from all courts (including their branches) for the abovementioned departments. The President of the Supreme Court; President of the Court of Appeals; Presidents of the Basic Courts; and the Judges from the Division for Minor Offences are not included in this monitoring.

During the monitoring of judgments published in the Kosovo Judicial Council’s website, for the above-mentioned period, it has been noted that there is a total of 725 judgments published, or 27 more than BIRN and FOL have in their database. This difference in is due to publication of decisions and double publication of judgments. Additionally, during the month of April it has been noticed that courts have published judgments made by judges who have been promoted to more senior positions, have been transferred to Minor Offence Division, or have retired. These shortcomings were noted during a detailed verification by BIRN and FOL.

*Disclaimer: This monitoring was made possible by the support of the American People through the United States Agency for International Development (USAID). The content of this article is the sole responsibility of FOL Movement and BIRN Kosova and does not necessarily reflect the views of the United States Agency for International Development or the United States Government.

Kosovo Court continues to publish jugdments

 Pristina, 17 Aprill 2020 – FOL Movement and BIRN Kosovo with the support of USAID – Justice System Strengthening Program (JSSP) present monitoring data on the publication of judgments in all Kosovo Courts. Through the following infographics you can see the publication of all judgments by all Kosovo courts for March 2020.

 

Clarification: The publication of judgments during the period of March 1 to March 31, 2020 was monitored for all Kosovo’s courts focusing on criminal, civil, commercial, and administrative departments. Additionally, this monitoring covered the publication of judgments according to judges from all courts (including their branches) for the abovementioned departments. The President of the Supreme Court; President of the Court of Appeals; Presidents of the Basic Courts; and the Judges from the Division for Minor Offences are not included in this monitoring.

During the monitoring of judgments published in the Kosovo Judicial Council’s website, for the above-mentioned period, it has been noted that there is a total of 1,167 judgments published, or 9 more than BIRN and FOL have in their database. This difference in is due to publication of decisions and double publication of judgments. Additionally, during the month of March it has been noticed that courts have published judgments made by judges who have been promoted to more senior positions, have been transferred to Minor Offence Division, or have retired. These shortcomings were noted during a detailed verification by BIRN and FOL.

*Disclaimer: This monitoring was made possible by the support of the American People through the United States Agency for International Development (USAID). The content of this article is the sole responsibility of FOL Movement and BIRN Kosova and does not necessarily reflect the views of the United States Agency for International Development or the United States Government.

Over 24,000 Judgments from Kosovo’s Courts Made Accessible to the Public

Prishtina, 15 Aprill 2020 – According to the Law on Courts, as of January 2016 Kosovo’s courts are mandated to publish judgments within 60 days of rendering decisions. The public now has access to more than 24,000 criminal, civil, commercial, and administrative judgments on the Kosovo Judicial Council website www.gjyqesori-rks.org.

With the support of USAID’s Justice System Strengthening Program (USAID/JSSP), civil society organizations, FOL Movement and Balkan Investigative Reporting Network Kosovo (BIRN), have been monitoring publication of judgments by Kosovo’s courts since May 2019. FOL and BIRN collect data and assess court compliance with the Law on Courts, Administrative Instruction on Anonymization of Judgments, and Decision on the Standardization of Judgments. Through monitoring and reporting, we aim to raise citizen awareness of the judiciary’s work, while also increasing public trust in courts.

The number of judgments published is considered one of the most significant indicators of judicial transparency. From January 2016 to April 30, 2019, Kosovo’s courts published only 8,983 judgments.

Within ten months, from the beginning of the monitoring period in May 2019 to February 2020, Kosovo’s courts published 14,510 judgments, or an average of about 1,400 judgments per month.[1]

The increase in the rate of publication of judgments was particularly notable in the second phase of monitoring from December 2019 to February 2020, in which Kosovo’s courts published over 2,000 judgments per month, the largest increase recorded at courts.

In December 2019, a total of 2,526 judgments were published; in January 2020; and in February 2020, 2,090 judgments were published on the Kosovo Judicial Council website. These figures indicate a significant increase in the number of judgments published during a three-month period bringing the total number of judgments published by Kosovo’s courts to 23,753.

In addition to the increase in the number of judgments published, adherence to the law and guidelines has also increased in comparison to the first monitoring phase from May to November 2019. There was an increase in the number of anonymized publications and judgments published from corruption and domestic violence cases, which are categorized as offenses that are of greater public interest.

During December 2019 to February 2020, there was an increase in the number of corruption offense judgments published. A total of 33 judgments were published during this three-month period compared to only 61 judgments within the seven-month period from May-November 2019.

The same applies to judgments from gender-based violence and organized crime cases. During the same three-month period from December 2019 to February 2020, courts published 74 gender-based violence judgments and 21 organized crime judgments.

During the aforementioned period, courts also improved adherence to anonymization rules for judgments; courts published only 65 judgments without anonymization.

However, there are still issues with the application of the Template for the Standardization of Judgment Forms in Kosovo’s courts. From December 2019 to February 2020, out of 6,790 judgments published, 1,082 of them, or 16% of judgments, were published without adherence to this template.

When it comes to increasing the publication of court judgments, we noted that the Basic Court of Prishtina has drastically increased the number of publications in relation to the previous period, leading significantly in published judgements compared to other courts in Kosovo. During December 2019 – February 2020, the Prishtina Basic Court issued 1,842 judgments, followed by the Prizren Basic Court with 1,365 and the Mitrovica Basic Court with 759 judgments.

If we count the number of judgments published from 2016 until now, we note that the Basic Court of Pristina leads in the highest number of published judgments, with a total of 4,534 judgments, followed by the Basic Court of Prizren with 4,410 and the Basic Court of Ferizaj with 3,444 judgments.

In addition, the number of judges who are issuing judgments has increased. In February 2020, 58% of judges in Kosovo had published judgments, compared to only 27% in May 2019. From December 2019 to February 2020, the following judges have the most judgments published: Luan Berisha of the Basic Court of Prizren with 189 judgments published; Branka Semenov from the Basic Court of Mitrovica with 86 judgments; and Diana Sina from the Basic Court of Gjakova, with 84 judgments published.

Overall, Kosovo’s courts have implemented a steady increase of publication of judgments, turning its judicial web portal into one of the largest public databases of institutional decisions in Kosovo. This increase can be attributed to the judiciary’s commitment as well as to monthly monitoring commissioned by USAID Justice System Strengthening Program and being implemented by FOL and BIRN, which is serving as an incentive for court staff and court presidents to increase the publication of judgments.

 

 

[1] During monitoring of the Kosovo Judicial Council website from May 2019 – February 2020, a total of 14,828 judgments were published, or 318 more than those listed in the database. This difference is due to the publication of decisions and duplicated judgments by the courts.