The detention of the head of the Appeals Court earlier this week is seen as major blow to the image of the Kosovo judiciary – thoough some say it could be a chance for a fresh start.
The detention of the head of the Appeals Court, Sali Mekaj, earlier this week is one the most high-profile arrests ever made involving a member of the Kosovo judiciary, with analysts calling it a “blow” to the legal system.
“The detention of the head of the Appeals Court is without doubt a serious blow to the judicial system. This position… is an important one because Mekaj played a large role in the field,” Arianit Koci, lawyer and legal expert, told BIRN.
Mekaj was detained on suspicion of “misuse of authority or official position” and “exertion of influence,” the special prosecution said.
A second person has also been detained, named only by her initials, on suspicion of giving bribes and possibly cooperating with Mekaj in his alleged offences.
Mekaj was brought before the Basic Court on Wednesday, which will decide on his continued detention. He is being held for 48 hours, starting Monday.
“The prosecution is doing its job and I have faith in the judicial system. At the same time, we should respect the arrestee’s right to presumed innocence until proven guilty,” Koci added.
Belul Beqaj, a local expert, told BIRN that the detention could become a chance for the Kosovo judiciary to “clear itself” of all those who may be hindering the proper administration of justice.
“The case of the head of the Appeals Court cannot merely be a coincidence – we’re talking about one of the highest legal authorities. This could mean a process of cleaning the judiciary of the obstacles that have brought it to the pitiful state it is currently in,” Beqaj said.
“But the case must be dealt with as transparently as possible, and not with the goal of making it merely look as if Kosovo is dealing with top legal authorities,” he concluded.
Mekaj is also a member of the Judicial Council of Kosovo, which manages and oversees the work of the judiciary.
A weak judiciary is considered to be one of Kosovo’s largest problems, which is one justification for the EU rule of law mission Eulex continuing to work in Kosovo, with the goal of strengthening the rule of law. However, few cases of judicial abuses have made it to court so far.
