Kosovo Law Institute (KLI) has held a press conference, during which has published the policy analysis “Special Prosecution and Court of the Republic of Kosovo: Analysis of policies and laws regarding political influence in the justice system, lack of results in combating criminality and the need to establish a Special Prosecution office and Court with an exclusive and limited mandate in the fight against corruption and organized crime in the Republic of Kosovo”. Findings of systematic monitoring and research in the fight against corruption and organized crime and concrete proposals for the first time for the creation of the Special Prosecution office and Court for combating corruption and organized crime were presented by Mr. Betim Musliu – executive director, Ehat Miftaraj – senior researcher and Ms. Diana Berisha – researcher at KLI.
KLI findings show that there was no lack of rhetoric in combating corruption by all the leaders of independent institutions and agencies in the Republic of Kosovo. However, the extreme political impact and the lack of concrete results have seriously violated the integrity of justice system, which has led to the loss of public and citizens confidence, regarding the rule of law, respectively for the justice system in Kosovo, with which only about 15% of citizens are satisfied. Due to non-fighting of corruption and organized crime, the citizens of Kosovo remain the only ones in Europe isolated, without a right of visa-free travel to EU countries.
KLI estimates that in this situation, which is often hopelessly seen, it is necessary to create a Special Prosecution and Court, as wholly independent institutions, with a limited mandate, with recruited staff by the international community, respectively the United States and Great Britain. Further on this solution for Kosovo, KLI offers a similar model of these institutions, such as Macedonia.
The Macedonian model proves that in fragile democracies where the culture of impunity has been installed over the years or decades, building a network or clans of interest in the political, economic, business, nepotism, politicization of independent institutions such as police, Prosecution and courts, etc., the intervention and interference of the international factor is essential, including the expression of the will of the broad political spectrum, for depoliticizing the police, the prosecution and the judiciary.
Respectively, intervention is a precondition for re-establishing in the first-place democratization of its own public and state institutions, and good governance through depoliticizing the police, prosecution and courts.
The establishment of a new mechanism, completely apolitical in practice, based on the criteria below, would have the effect of installing, within the justice system, also the principle of competition between the institutions of investigation, prosecution and adjudication of corruption and organized crime cases, including control and supervision of these institutions.
For this solution, it is needed the amendment of the Constitution regarding the establishment of a Special Prosecution office and Court, based on Macedonia’s modalities. Such an agreement should have consensus and full support of the largest political parties in Kosovo.
The competencies and responsibilities of this Special Prosecution and Court shall not under any circumstances interfere with the competencies and responsibilities of the Special Court in The Hague established by the Assembly of Kosovo.
The establishment of the Special Prosecution and Court should be limited to a certain time and for certain criminal offenses that are of interest to the State of Kosovo, and these two institutions should have full independence from the actual institutions of the KJC, KPC, PA and supremacy to SPRK.
The competencies of this prosecution and the court will be only the criminal offenses that enter within these chapters: Chapter XXIV Organized Crime, Chapter XXXIV Official Corruption and Criminal Offenses against Official duty and Chapter XXXII – Criminal Offenses against the administration of justice and public administration.
The Prosecution should have the right to take over its competence at any stage of the proceedings, cases that have started or are in work by the Basic Prosecutions or the SPRK.
The Prosecution will have a judicial police which will act exclusively under the orders of the Prosecution’s Office and there will be no legal obligations to the structure or management of the Kosovo Police.
KLI strongly believes that the creation of this Special Prosecution and Court will not be a budget burden, because these institutions within a short period of time based on the results expected to achieve, will multiply the budget more than their funding. On the contrary, these institutions will be profitable for the state budget and the citizens of the Republic of Kosovo, through the return to the state coffer, which is benefited through criminal corruption activities.
Principles for the Establishment of the Special Prosecution and Court for Combating Corruption and Organized Crime
The establishment of the Special Prosecution and Court should be based on these principles: Specific criteria and procedures regarding the appointment process of the Chief Prosecutor of Prosecution and the President of the Court and the recruitment of prosecutors and judges;
Verification of the past of candidates applying for the position of Chief Prosecutor, President of the Court, Prosecutors, and Judges, verification that will be based on international standards that ensure full verification of the personal and professional integrity of the candidates. Each prosecutor of the Prosecution will have in disposition two or three investigating officers available to work under the orders of the prosecutor. Assigned investigative officers will pass through the verification process. Each judge will have at least two professional associates and one legal officer.
The recruitment process and appointment for prosecutors and judges to be leaded exclusively by the international factor, respectively by the United States and Great Britain. The Prosecution and the Court for their work and cases shall have no obligation to report to the KPC, the KJC or the Office of the Chief State Prosecutor;
The timely jurisdiction of the prosecution’s office is limited within five years of its establishment to finalize and present the indictments in court, with possibility of continuation depending on the results.
The international factor, in co-operation with the political parties, to appoint a temporary commission composed of local and international, with which the prosecution and the court will report. Reporting should be regular on a six-monthly and annual basis. Reporting should be related to the results. Kosovo Assembly should allocate sufficient budget for the functioning of the prosecution and the court. Prosecutors and judges should have adequate state protection so that they exercise their competencies and responsibilities in an independent and impartial manner.