In the Fight Against Corruption, This Judge Sets the Example
Establishing transparency, accountability and trust in Kosovo
In 2016, Aferdita Bytyci became the first female president of the Basic Court of Pristina, the largest of the seven district courts in Kosovo, which handles civil, criminal, juvenile and serious crimes cases. She said the most important job requirement of her demanding position has been boldness, a characteristic she has deployed daily with aplomb.
Aferdita’s passion for justice dates to her childhood when she dreamed of being a judge. Both her father and grandfather, who were often involved in community dispute resolution, encouraged her to go to law school and rule cases in a fair manner.
She has since overcome innumerable challenges in her quest to increase transparency and decrease corruption in the courts, including propaganda by male colleagues who openly doubted her abilities due to her gender.
“All those voices saying I couldn’t do it only encouraged me to reach the top,” she said.
She is now serving a four-year term leading the court. This entails day to day administration and management of the court, including budget and finance, and monitoring judicial performance. She also serves as an active judge handling serious crimes cases.
To get there, she competed against four male judges in a rigorous recruitment process, which included comprehensive vetting, background checks and panel interviews.
“I would encourage young girls to pursue their dreams to be judges, and work in the judicial system, because working as a judge is a very noble thing,” Aferdita said.
Curbing the Corruption Phenomenon
Since declaring independence in 2008, Kosovo has developed institutions, undertaken institutional reforms, held several free and fair elections with peaceful transitions, and gone through the process of decentralization. However, important challenges remain, and Kosovo’s citizens, and especially the youth — the youngest population in Europe per capita with 42 percent under the age of 25 — demand greater transparency, efficiency and accountability from their government institutions.
This includes the judicial system, which is considered one of the most corrupt public institutions.
While the Constitution established an independent judiciary, in practice, political interference, controversial appointments and bribery have been commonplace. This has led to the inability to properly implement and impartially enforce laws.
Additionally, the judicial system has suffered from a large case backlog causing six- to 12-month delays on average for resolution of criminal cases. Citizens also struggle with a lack of access to information about their cases, as court services and correspondence are often delayed and there is no way to respond, aside from going in person and an ineffective website.
To curb these trends, USAID has been working with the Government of Kosovo to strengthen judicial independence, and with judges like Aferdita to ensure the justice system operates in a professional, efficient and accountable manner with high standards of integrity and impartiality. This also includes ensuring judges are well compensated and receive mandatory ethics and legal writing training.
USAID has also launched specific activities at the Basic Court of Pristina to improve efficiency and effectiveness, including the deployment of backlog reduction officers, which has successfully demonstrated to Aferdita and other judges the need for law clerks and the critical role they can play in resolving cases faster.
According to a recent survey conducted by USAID-supported Democracy Plus, an independent non-government organization which started in 2016, these efforts have been making an impact.
Citizens who recently used the court system reported 57 percent satisfaction, whereas those who had not remain skeptical.
“Open justice should be an integral part of the rule of law, and only after transparency is achieved, can people demand accountability,” said Roberta Osmani of Democracy Plus.
Additionally, under Aferdita’s leadership there have been many notable successes.
On average the Pristina Basic Court receives around 1,500 civil, criminal, minor offense and serious crimes cases a month. In the last two years, judges have cut their backlog of cases by 30 percent, and are now resolving more cases than the court receives.
She has also increased transparency through the publication of 1,230 decisions on a public website.
“We have opened the doors to the public to view trials and to court monitors and civil society to keep the highest level of transparency, and we have raised the accountability of our judges — 102 in total,” said Aferdita.
One of these judges is Milena Djeric, who specializes in criminal law and was one of the youngest judges in the Basic Court of Pristina, where she served from 2005 to 2008 before being appointed to the Court of Appeals. She said the high standard Aferdita sets for herself and colleagues in procedure and respect for the law is helping raise the trust of citizens. And Aferdita’s support inspires comradery among judges, especially as she treats everyone as equals.
“Aferdita is one tough lady,” Milena said. “She follows the law and is doing her job better than most men, and is not afraid of anyone.”
By partnering with local leaders like Aferdita and Milena to strengthen judicial independence and the rule of law, USAID supports combatting pervasive corruption and the erosion of public trust in their government’s ability to provide basic services. This is critical as Kosovo continues to transition into a resilient citizen-responsive democracy.
About the Author
Jessica Benton Cooney is the Lead Communications and Outreach Specialist for USAID’s Center of Excellence on Democracy, Human Rights, and Governance. Follow @USAIDDRG for more.
