KLI reacts against unlawful decisions of Chief Prosecutor of State and Prosecutorial Council for transferring of prosecutors in Special Prosecution

Tuesday 7 February, 2017

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Kosovo Law Institute reacts against unlawful decisions of state prosecutor Mr. Aleksander Lumezi and prosecutorial council of Kosovo [PSK], about the transfer practice of state prosecutors against the law and rules approved by KPK.

On January 6 2017, State Prosecutor with the decision, according to submitted request  by Chief Prosecutor  of Special Prosecutorial  of Republic of Kosovo (PSRK)” has transferred temporary” Mr. Syle Hoxha prosecutor of Serious Crime Department of Basic Prosecution in Prizren, to the PSRK.

Decision of Chief Prosecutor Lumezi defines that prosecutor has the right in benefits deriving from acting of prosecutor function in PSRK.

Also, KPK on the meeting held on February 1 2017, has taken decision for transferring of prosecutor Syle Hoxha in PSRK.

In the KPC meeting, at the point regarding the transfer of prosecutor Hoxha, KPC members have expressed their doubts regarding the legality of prosecutor transfers including the transfer of prosecutor Hoxha without going through concurs institution.

The decisions of Chief Prosecutor and KPC meet against the law of Kosovo prosecutorial system and regulation for transfer and promotion of state prosecutors.

KPC approved the above mentioned regulation on 31 march 2016. Regulation for Transfer and Promotion of state prosecutors has defined the procedures and criteria of transfer and promotion of state prosecutors. Implementation of this regulation will stop bad practice installed by KPC since year 2011, transferring and promoting  prosecutors without fair process,  impartial and based on merit and skipping the concurs institute.

Violating the law has become a standard from Chief State Prosecutor and KPC in governing the prosecutorial system. Based on this standard, the law is interpreted and implemented for personal interests of assigned persons inside prosecutorial system.

Decisions of Chief Prosecutor of State and KPC for transferring of prosecutor Hoxha in PSRK are against its politics approved by the council. As defined by definition regarding the transfer of state prosecutors, it is clear determined that transfer should be in the same level and according to prosecutor request even in lower level.

KLI estimates the need of KPC for filling allowed positions for prosecutors in PSRK, for which has advocated and advocates on daily basis in all her public activities. KLI continuously has requested from KPC to fill free positions for prosecutors in PSRK that from 18 allowed positions for prosecutors in this prosecutor, only 9 are completed. However, KLI waits from KPC that during the filling process of these positions, to implement strict the KPC law, state prosecutor law, regulations and internal acts approved by the council.

Before Syle Hoxha, in the same way was acted with prosecutor Mr. Abdurrahim Islami, who contrary with the law and regulation for transferring and promoting prosecutors was transferred from basic prosecution in Pristina to PSRK, and for this violation KLI reacted publicly on 12 December 2016.

The practice installed from state chief prosecutor and KPC, regarding law violation and internal acts while performing functions and his responsibilities, through approval of unlawful decisions weakens further public confidence, citizens and prosecutorial system for building an impartial system , fair, independent and professional. For more find attached a short legal analyze for the violation of law and KPC acts by state chief prosecutor and KPC. Click the ongoing link for download 1. Short analyze – unlawful decisions of KPSH and KPC – 07.02.2017