Documentary

The other day I received a last minute invitation to attend the projection of a film that covered a U.N. trial in Kosova, which documents the differences between the modern European and old judicial ways of settling criminal cases in the Balkans.

Curious and willing to learn a bit more, I attended this 1 1/2 hr presentation offered by the Austrian Cultural Forum in N.Y. I was among few participants, mostly Albanians, except for 2 Germans, and I was one of only 2 women present at this showing.

The Court proceedings dealt with young Albanians accused of having participated in a heavy assault incident. During this trial, Chief Judge, Claudia Fenz, encounters and discovers the existing traditional jurisdiction that is in contrast to the rule of law pursued by the UN juridical process. The differences were striking and surprising also to the 2 German participants in the audience with me, and whom, at the end of this film presentation, I and 2 Albanian lawyers, also present, had a chat with.

Although, like most Albanians, and due to my family history, I am acquainted with the old traditional code that has governed for centuries all aspects of life in Albania, a couple of issues surprised me while watching this film. First, and above all, that the UN appointed a woman judge to rule in proceedings taking place in a very male dominant society, with knowingly traditional systems - both of these issues, I believe, should have been known to, anticipated, and dealt by the top international organization before hand.

Secondly, it was impossible for me not to be emotionally involved in the hardship encountered by both the judge, and the chief prosecutor, also a young woman, who, however, performed splendidly. They not only spent lots of time trying to understand the local customs by visiting and meeting with local mediators, who shared their experiences in similar cases, but they also excellently kept at bay their frustration, continuously challenged by the impertinent behavior of the local male defense attorneys.

Other very important parameters that had great effect in this whole situation were language translation for the judging body and poor conduct on the part of witnesses. The latter, after sentencing, ended up threatening of killing each other, while the judges, during the process, had a very difficult time understanding the details of the case. This was due non necessarily to the translation process, but because the answers to specific questions very always very superficial, and lots of time irreconcilable with the questions posed.

This is a very interesting, but difficult situation to be involved in! In the past few years, I have experienced (not as a lawyer, but as a simple party involved in a dispute) similarly frustrating moments, especially due to legal language context. It's no fun, asking for a specific answer, and getting replies that may, at times, be totally, but probably intentionally, unrelated to the requested details at hand!

I'm glad to have seen this documentary in any case. Didn't learn very much from it, except getting confirmation of having been involved in similar predicaments, which lead only to waste of precious time, expenses, and many disappointments. 'C'est la vie' in our global society!