Monday November 3, 2014– Kosovo Law Institute (KLI) expresses concern about the lack of will of the members of the Kosovo Prosecutorial Council (KPC) to implement its mandate in creating the adequate policies to supervise implementation of fighting corruption in Kosovo.
KLI in the last report “Corruption in Kosovo 2: Comprehensive evaluation Report on the effectiveness of the prosecutorial system in the implementation of the Action Plan on corruption cases”, published on September 5 2014, has identified problems about failures of the prosecutorial system in solving of corruption cases.
One of the concerned issues, related with the way of solving corruption cases by the prosecutors, which more than half of them have dismissed the criminal reports or have ceased investigations. KLI has found that since entering into force of the Action Plan (November 4 2013) till June 30 2014, from 839 persons against whom corruption cases have been solved, results that against 183 or 22% persons the criminal reports are dismissed and against 273 or 33% persons investigations were ceased. So the total is over 54% of persons, against whom prosecutors have dismissed the criminal reports or have ceased investigations, while against 383 or 46% persons have raised indictments. This trend of solving corruption cases, according to the KLI monitoring, has continued after June 2014.
KLI based on these results, has recommended the KPC to create a special Commission to analyze the way of solving corruption cases, focusing on dismissal cases of the criminal reports and ceased investigations by the submitters of these acts, especially those of the Kosovo Police and Agency Anti-Corruption. Through this Commission, would become the identification that where the problems lie, on the quality of acts and their argument by the submitters or to the decision of prosecutors. In this way we can built adequate criminal policies for fighting corruption, while failed results in corruption cases, are the best indicator that current criminal policies are not functioning, consequently we don’t have effective fight of corruption, but only failure of all law enforcement agencies. KLI estimates that through this Commission, they would be learning how to act in the future to strengthen in practice the role of the prosecutor, as it is defined in the Code of Criminal Procedure.
Despite the fact that the publication of the report by KLI, representatives of the prosecutorial system has taken the pledge that they will immediately implement recommendation of the KLI for creating of special Commission, and it is not created. During the roundtable of KLI, National Anti-Corruption Coordinator, Ms. Laura Pula, said that “this is the first recommendation that we (prosecutorial system) will take the obligation to immediately create this Commission, with the aim of increasing efficiency and cooperation between institutions, State Prosecutor and agencies that submit the criminal reports…” Moreover, this recommendation was proposed by the National Anti-Corruption Coordinator at the meeting of the KPC held on October 16, 2014, but was not voted by the Council members. For not creating of this Commission, had various excuses of prosecutor’s members of Council, according to which a similar function for verifying of dismissals and ceased of corruption cases carries Prosecution of Appeal in Pristina. It has already gone a year since entering into force of the Action Plan for solving of corruption cases and still at the KPC is not submitted any report regarding the reasons for dismissal and cease of these corruption cases. The problem of solving cases continues and still has no clear picture that where the problems lie, to avoid and to increase efficiency in fighting corruption.
KLI expresses concern with the lack of will of KPC members to create this Commission, to identify real problems regarding corruption cases, which are submitted by all submitters, with special emphasis by the agencies that implement the law.
KLI estimates that this refusal to create this mechanism for identifying problems show for the lack of will to create adequate criminal policies to fight corruption and to escape from the accountability for all failed cases.
KLI reminds that the problem of cooperation between institutions and agencies that implement the law in fighting of corruption continuously presented as a problem and a challenge to all local and international reports, especially reports of European Union. Exactly, the Action Plan for increasing of efficiency of the prosecutorial system in fighting of corruption is approved as a result of the implementation of the -Strategic Plan for Inter-Institutional Cooperation in fighting of organized crime and corruption 2013-2015 approved by KPC. It has been almost two years since entering into force of this Strategic Plan to increase cooperation and coordination between State Prosecutor and agencies that implement the law in fighting of organized crime and corruption and the same Council still has not made any evaluation regarding its implementation, even though for this is obligated.
Therefore, KLI estimates that in this regard there are still many problems which should be identified through mechanism of KPC to ensure effective prosecution of perpetrators of corruption criminal offences in cooperation with all agencies that implement the law in Kosovo.
KLI through these mechanisms recommends the creation of criminal policies to prosecute corruption and increase the quality of prosecutor’s justifications for their decisions, which undoubtedly will affect the confidence of citizens that their decisions are fair and based on law.
KLI requires to advance the transparency and accountability of the prosecutorial system and public to be informed for all the developments about the administration and establishment of justice, within Constitutional and legal framework.
KLI welcomes the last decision of the State Prosecutor for the publication of all indictments regarding corruption cases since entering into force of the Action Plan. However, even though this decision is deserved and legitimate, such a decision should be taken by KPC itself, which decision will include the publication of all dismissals of the criminal reports and decisions for ceasing of investigations in corruption cases.