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Resmi Hoxha,
Zahir Pajaziti Square, H-1 No.8
10000 Pristina
Kosovo
CONTENTS
DEVELOPMENT OF CRIMINAL LEGISLATION AND INSTITUTIONS IN THE REPUBLIC OF KOSOVO
1. DEVELOPMENT OF LEGISLATION
1.1. After the war of 1945, these laws were issued in Kosovo
1.2 Legislation during 1947 - 1948
1.3. Legislation after 1974
1.4. Criminal Code of Kosovo
2. DEVELOPMENT OF CRIMINAL INSTITUTIONS
2.1. Organization and functioning of the Correctional Service under the administration of KFOR
2.2. Organization and functioning of the Correctional Service under administration
of UNMIK.
2.3. Transfer of competencies from UNMIK to the Ministry of Justice of the Government
of Kosovo
2.4. Correctional Service Independence and Raising
Institutions for the Execution of Penal Sanctions
DEVELOPMENT OF CRIMINAL LEGISLATION AND INSTITUTIONS IN THE REPUBLIC OF KOSOVO
World War II and post-war historical developments influenced the economic, cultural and historical developments of the various peoples, which were found in the so-called SFR Yugoslavia.
Kosovo after 1945 was under the jurisdiction of the Republic of Serbia and Yugoslavia, so the legislative infrastructure and the development of criminal institutions were under the influence and supervision of the Republic of Serbia.
1. DEVELOPMENT OF LEGISLATION
1.1. After the war of 1945, the following laws were introduced in Kosovo:
· Law on combating economic speculation and sabotage,
· The Law on the Protection of Popular Property and its Governance,
· Law on Criminal Offenses against the People and the State as well as
· The law on types of punishments.
For the proper functioning of all fields in the sphere of societal developments of that time, it was found that these laws are not sufficient for a proper legal system. Although Kosovo was under the Republic of Serbia, it was found that a considerable number of laws were needed to make the legal system functioning and the functioning of justice bodies, both prosecutors and courts. The issuance of adequate laws was a necessity for
functioning of the legal legal system in general. For this reason, in 1947 and 1947 a considerable number of laws were issued in Kosovo.
1.2. Legislation during 1947 - 1948
Kosovo as part of the Republic of Serbia needed proper legal infrastructure that would enable a proper social, economic, cultural, educational development as well as the functioning of the judicial system and that of criminal institutions.
During this period a considerable number of laws were issued, such as:
· On December 4, 1947, the criminal code was issued - the general part and entered into force on February 12, 1948.
This code was compiled on the basis of the Russian model and in practice there were major deficiencies, and immediately there was a need for the adoption of other laws in the criminal field. During this period, precisely during 1948, the following laws were issued in the criminal field:
· Law on offenses against official duty,
· The law on military offenses,
· Law on offenses against the general folk wealth and property of cooperatives and other social organizations.
The legislative system was not consolidated in the republics and regions of Yugoslavia, so it was imperative for the Yugoslav state to undertake concrete actions in the criminal law field in this regard.
The Assembly of the Federal Republic of Yugoslavia on December 27, 1951, approves the entire Code. With the entry into force of this code, the Criminal Code of 1948 ceased to operate, as well as the special criminal laws that were in force until then.
Despite the existing legislation, the Serbian regime opposed and reduced Kosovo's competencies to:
· Judicial field,
· The scope of legislation as well as on
· The police arena.
1.3. Legislation after 1974
Kosovo with the constitution of 1974, in the legal aspect was considerably aligned with the Yugoslav republics. Thus, after 1974, all the Republics and Provinces of Yugoslavia issued their laws, which entered into force on 1 July 1977. At this time in Yugoslavia there were nine (9) criminal laws, criminal laws of 6 republics, two provinces and federal Yugoslav criminal law.
Since 1974, the situation in Kosovo has changed significantly, which is the fact that the application of the Criminal Law in Kosovo to the judiciary, prosecution and police made 75% of Albanian employees. The Serbian regime, noting this progress of Kosovo, began to pursue a selective policy towards Albanians and began to criminalize Albanians. This criminalization intensified after the demonstrations of 1981. This criminalization of Albanians continued broadly in the spring of 1989 when the war in Kosovo began. During this period a considerable number of Albanian youths were politically condemned.
In March 1989, the Kosovo Criminal Law was aborted by the Serbian regime and in Kosovo was implemented by the Criminal Law of Serbia and that of Yugoslavia. After the liberation came the Criminal Law of Kosovo and that of Yugoslavia.
1.4. Criminal Code of Kosovo
This code was started in September 1999, by a Kosovar expert. In the calendar of 2000, 32 Kosovar experts participated in the Kosovar side. At the beginning of March 2003, a final version of the Criminal Code of Kosovo was prepared. This code was approved on July 6, 2003, by UN spokesman Michael Steiner in Kosovo.
The code entered into force on 6 April 2004.
During 2011-2012, the completion and amendment of the Kosovo Criminal Code has been completed.
The new Pwenal Code of Kosovo and the Criminal Procedure Code of Kosovo entered into force on 1 January 2013.
2. DEVELOPMENT OF CRIMINAL INSTITUTIONS
The status and position of Criminal Institutions has been followed by the fate of Kosovo's political and legal status within the former Yugoslav Federation, which has determined different stages of development.
Time period 1945 -1974
Kosovo in the period 1945-1953 did not have its own institutions, but only the police stations were detention rooms. All Albanian prisoners were sent out of Kosovo. Since 1953, 2 detention centers were operational in Prishtina and Mitrovicë / Mitrovica, but still the convicts for political offenses were sent out of Kosovo.
Time period 1974 - 1990
With the change of Kosovo's legal and political status and with the promulgation of the Kosovo Constitution, the position of Kosovo changes, so the justice system and that of criminal institutions gain independence and start building up their capacities. During this period, three new correctional centers were built, such as:
· Correctional Center for Juveniles in Lipjan,
Correctional Center for Long Term Sessions in Dubrava, and
· Correctional Center for Short Sentences in Smrekonicë
These institutions have provided an adequate treatment of prisoners in accordance with their offense, length of sentence and their age by providing prisoners with all their rights and benefits as provided for by law and international conventions.
Time period 1990 -1999
Serbia's tendencies were persistent in demolishing Kosovo's autonomy and Kosovo's institutions. This culmination reaches in 1990, with the adoption of changes to the Constitution of Kosovo and the application of extraordinary and violent measures in Kosovo. These measures are also being undertaken in the Kosovo Correctional Service - in criminal institutions where we have inhumane treatment of prisoners and their transfer to criminal institutions in Serbia.
Time period 1999 - 2012
2.1. Organization and functioning of the Correctional Service under the administration of KFOR
With the onset of bombing by NATO forces [1], new arrests have now started and a large number of citizens have been taken without any reason from the road and without any judicial decision and placed in correctional facilities. Their treatment has been inhuman and witnesses say that they have experienced physical, psychological torture and 24 hours have been given just one daily meal to survive. Some of them unable to cope with this situation have committed suicide and openly asked the regime authorities that it would be better to execute than to be mistreated in the most inhuman way. It is worth mentioning that a number were executed only because they asked for such treatment by the supervisory regime bodies.
After the war, Correctional Institutions in Kosovo were damaged in terms of infrastructure and all other aspects. In this respect, it is worth pointing out that the history of the penitentiary system is an insignificant part of the general history of a state, so the Kosovo institutions are no exception [2]. Initially with the entry of KFOR forces [3] in Kosovo, all institutions: Detention Centers and Correctional Centers, were under the administration and management of KFOR. They initially provided the physical security of institutions and their management. During this period there were still Serbian national staff who were working in Correctional Institutions, and those KFOR enabled them to retreat and to go to Serbia.
2.2. Organization and functioning of the Correctional Service under UNMIK administration.
Kosovo Correctional Service was established in November 1999 by UNMIK [4] within the framework of the first pillar of justice as a reserved responsibility of the SRSG [5] and in support of local staff began work immediately in November 1999 [6].
KCS has inherited a state of non-functional infrastructure but has been consolidated and has become operational by meeting the needs of Kosovo for holding pre-trial detention and convictions. From the very beginning, changing positively until this stage, where significant progress has been made in infrastructure and raising the quality of work. KCS initially opened and has functionalized the Detention Center in Prizren to continue with the consolidation of the infrastructure of the correctional institutions in: Dubrava, Gjilan, Lipjan, Peja, Mitrovica, and then in all other Kosovo Centers [7] .
KCS under international monitoring has consistently recruited local correctional staff to meet the needs of the operation of this service [8], which under these conditions faced many challenges not to overlook the aspects of subculture work in prisons [9] . The Kosovo Correctional Service is built on international criteria and standards, similar to the most advanced correctional systems in Europe, as international staff has brought the best practices from their countries. Since its founding, the KCS is part of the general developments in post-war Kosovo which has undergone various challenges and difficulties throughout the transition phase.
The legal basis for the work in the Correctional Institutions applicable was UNMIK Regulation 1999/24, which made the 1977 Law on Execution of Criminal Sanctions applicable. In addition, applicable to the KCS work were the European rules of prisons as well as international standards that were applied directly to Correctional Institutions. In 2001, legal infrastructure [10] was completed, establishing a clearer basis between the PISG [11] and UNMIK, but the development of the KCS remains under the reserved responsibility of the SRSG, respectively the Department of Justice's criminal management division. During the period when the KCS was under reserved responsibility, the efforts of local staff continued to increase professional and managerial capacities and to prepare for the acquisition of competencies and responsibilities by internationals who until then managed KCS.
2.3. Transfer of competencies from UNMIK to the Ministry of Justice of the Government of Kosovo
The third period begins with the transfer of competencies from UNMIK to the Government of Kosovo [12]. In 2005 - by UNMIK regulation no. 2005/53 the legal basis for the establishment of the Ministry of Justice was established and the initial competencies were determined and in March 2006 the Ministry of Justice started its work. At the later stage in 2006, UNMIK Regulation 2006/26, April 27, 2006, the responsibilities of the Ministry of Justice were extended to include competences on the Correctional Service excluding the command of emergency situations at the Correctional Center in Dubrava until completion of UNMIK's executive mission. After this phase, the KCS recruited completely new management from the local staff and was independently developed by UNMIK under the leadership of the Ministry of Justice. This period of competence transfer has extended extensively in the declaration of Kosovo's independence in 2008 and the same has been of particular interest for the continuity of professional work of correctional institutions [13].
2.4. Independence of the Correctional Service and establishment of Institutions for the Execution of Penal Sanctions
With the proclamation of Kosovo's independence [14] and with the adoption of the Constitution of the Republic of Kosovo [15], all competencies in the field of the justice system and that of the Correctional Service go to the management of local institutions and under the management and oversight of the Ministry of Justice.
Functions of the Kosovo Correctional Service are defined by: Constitution of the Republic of Kosovo; Kosovo Criminal Code; Law on Execution of Penal Sanctions; Juvenile Criminal Law; The Apology Law [16]; By-laws of the Ministry of Justice [17]; International Conventions and the Universal Declaration of Human Rights. Based on these abovementioned provisions, the Kosovo Correctional Service has built these functions: Organizing, enforcing and supervising the execution of the punishment of imprisonment and long-term imprisonment; Organization, implementation and supervision of juvenile imprisonment and corrective educational measures; Organizing, enforcing and overseeing pre-trial detention; Organizing programs that affect the correction and re-socialization of prisoners, their preparation for release and facilitation of their integration into the family and society [18]; Recruitment, training and evaluation of Correctional Service personnel; Compilation of analysis, statistics and information on the Correctional Service; Undertake the necessary measures to ensure the protection of data related to Kosovo Correctional Service.
REFERENCES
· Bajgora, Ali .: Some characteristics of criminality and punitive politics in Kosovo, Pristina, 2001.
· Elezi, I. And Hysi, Vasilika: Criminal Policy Tirana, 2001.
· Gashi, R.: Execution of imprisonment sentence in Albania, Pristina, 2001.
· Halili, A: The Purpose and Sense of Punishment for Assassination Crime, Progress-6, Pristina, 1970.
· Halili, R: Execution of Penal Sanctions against Juveniles, Progress-10, Pristina, 1970.
· Halili, R: Criminal Sanctions as Social Protection Measures, Progress-9, Pristina, 1973.
· Halili, R.: Penal Sanctions according to customary law in kosovo, Textbook and Learning Tools Authority of Kosovo AS, Pristina, 1985.
· Omari, L.: State of Law, Tirana, 2002.
· Ramadan, M .: Penology and Criminal Sanction System, New Sad-Belgrade, 2003.
· Sahiti, E .: Criminal Procedure Law, Pristina, 2005.
· Salihi, I.: Criminal Law, Pristina, 2003,
· Salihi, I.: Juvenile Justice, Pristina, 2005.
·
Phd. Resmi Shyqyri Hoxha, born on 01.10.1953, in Prizren, Primary and Secondary School graduated in Prizren, Faculty of Philosophy at Pristina University in Prishtina, was born in 1980, and I graduated in Magistrates in Jurisprudence at the International University of Struga in Struga - Republic of Macedonia in 2011. Topic: Organization and Functioning of Kosovo Correctional Service 1999 - 2010. From 2013 I am in PhD at the Doctoral School of European University of Tirana, where I have completed all the exams and now is expected to be PhD. In September 1979 I started to work in Prizren Gymnasium as a professor in psychology and sociology and in 1980 I went to the Secondary Education Center in Lipjan. In 1984 I went to work at the Provincial Secretariat of Judiciary in Pristina and then I was sent from here to the Juvenile Correctional Center in Lipjan. After the war in Kosovo, by the end of 1999, I worked in the UNMIK Department of Justice, as a local professional staff. In the Department of Justice department, she has been the Head of Recruitment and Training of Staff at the Department of Justice and the Kosovo Correctional Service. In 2006 I was elected Commissar - Director of the Kosovo Correctional Service and in this position has stayed wide in September 2013. It is now in the post of Head of Staff Training in the Ministry of Justice.
Publications and conferences
1. "Criminal sanctions of institutional character in Kosovo, Resmi Hoxha", Prishtina 1988,
2. "Treatment Specifics to Punish Short Terms in Kosovo," Resmi Hoxha, Belgrade 2007
3. "Development of Legislation in and Criminal Institutions in Kosovo", Resmi Hoxha, Tirana 2012,
4. "Security and Treatment of Protected Witnessed Prisoners" Resmi Hoxha, Rome 2013
5. "Development of Kosovo Correctional Service in 2013", Resmi Hoxha, Bucharest 2014
Participation in conferences
1. The Conference of the Penologists of Yugoslavia, Ljubljana, 1986,
2. The Conference of Penologists of Yugoslavia, Pristina, 1988,
3. Conference in the Republic of Albania, Tirana, Tirana 2012
4. Conference of Italy, Rome 2013
5. Romania's Conference, Bucharest 2014
[1] For more see, Bill Clinton, (2004), My Life, Knopf Doubleday Publishing Group, Washington.
[2] Sadiku, Isuf, (2010), Execution of criminal sanctions in light of new international acts, Papirus Print, Gjilan.
[3] Major General Volker Halbauer (2012), Kosovo Force, Key Facts and Figures, Bruxelles.
[4] United Nations Mission in Kosovo.
[5] The SRSG is an abbreviation for the title "Special Representative of the Secretary-General of the United Nations".
[6] For more information, see the Ministry of Justice of Kosovo. http://www.md-ks.org/?page=1,62
[7] Yes
[8] Yes
[9] Kauffman, Kelsey, (1998), Prison Officers and Their World, Harward University Press, London.
[10] Kosovo Constitutional Framework approved by SRSG.
[11] Independent Institutions of Self-Government in Kosovo.
[12] In June 2006, the transfer of competencies from the UNMIK Department of Justice to the Ministry of Justice of the Government of Kosovo was realized.
[13] Dreshaj.Arben, (2010), Role and importance of correctional institutions in the resocialization of convicted persons, Lithograph, Gjakova.
[14] Kosovo's independence was announced on 17 February 2008.
[15] The Constitution of the Republic of Kosovo entered into force on 15 June 2008.
[16] For more see: Dreshaj.Arben, (2010), Role and importance of correctional institutions in the resocialization of convicted persons, Lithograph, Gjakova.
[17] Include: Administrative Instructions, Rules of Procedure, Domestic Rules and Domestic Order.
[18] Dreshaj, Arben, (2010), The role and significance of correctional institutions in the resocialization of convicted persons, Litografia, Gjakova.