Closed Trials 'Undermining Faith in Kosovo Justice'

By Die Morina | BIRN Pristina Artan Demhasaj, director of the Pristina-based NGO Cohu, said the increasingly routine decision of courts to close high-profile corruption trials to the public gaze will undermine faith in Kosovo in the justice system. "While the courts are constantly closing such sensitive cases, it is causing a deterioration of the situation in terms of transparency," Demhasaj told BIRN. He added that courts in Kosovo should be more open to non-governmental organizations, the media and to the public in general, to restore people's confidence in the judiciary. He spoke after the Kosovo media were allowed to have video recordings of just one minute of of the trial in the so-called 'Stents' affair on Wednesday, in which one indictee is former Minister of Health Ferid Agani. The case dates back to October 2014 when police detained nine doctors and three other health workers suspected of abusing their positions to divert patients to private hospitals in return for cash kickbacks. While being investigated, Agani was re-appointed Minister of the Environment, but after he was indicted in June 2016, he resigned. A total of 63 persons, including 44 doctors and nurses employed by public health institutions have been indicted in the case. The court stated that the public had been excluded from the trial because there was not enough room for them in court, as so many people had been indicted in the case. Last week, during the trial of Kosovo Serb politician Oliver Ivanovic, who was jailed for ordering the murder of ethnic Albanians in April 1999, there was also not enough room for all the Serbian journalists at the court. In this case, however, the courtroom was changed to create more space for everyone to follow the proceedings. The court also excluded the public from the trial of the former head of the Pristina Basic Court, Salih Mekaj, who was detained in 2015 on suspicion of "misuse of authority or official position" and "exertion of influence". During his trial process, he remains free, however. His detention was one of the most high-profile arrests involving a member of the Kosovo judiciary, with some analysts calling it a serious blow to the legal system. The Association of Journalists of Kosovo on Wednesday condemned the court’s latest decision on exclusion as unacceptable. "This institution has proved that is not interested in respecting the principles of transparency," the association wrote. It asked judges to take immediate action to ensure greater transparency in the justice system. "The lack of transparency in justice creates room for speculation," reads the AGK statement.

http://www.balkaninsight.com/en/article/closed-trials-concern-kosovo-association-of-journalists-11-30-2016