Pristina, September 29 2019 – Kosovo Law Institute (KLI), with the support of US State Department – International Narcotics Bureau and Law Enforcement Matters (INL) and NED, on Sunday, held press conference, on which has published the analytical report: “Certificate for the criminal record history – violation of legal certainty: Analysis of legislation and practice about the issuance by the Kosovo Police of “certificate” for the criminal record history” as direct violation of legal certainty of citizens and legal persons in the Republic of Kosovo”.
Gzim Shala, Researcher, at the KLI, during this conference said that entry of citizens in criminal record history for the only fact that against them there is a criminal offense presents the violation of human rights by the Republic of Kosovo.
“Based on standards of the European Union, its state members and its internal legislation of the Republic of Kosovo, citizens enter in criminal record history only when there is a final conviction against them. Contrary with those standards, “certificate on the criminal record history” that is issued by the Kosovo Police presents also the criminal reports against citizens, in this stage that based on law, criminal report does not enter within the criminal procedure, but that preliminary. On the other hand, institutions of the Republic of Kosovo condition the citizens to be equipped with this certificate in different procedures in the foreign service of the Republic of Kosovo, in employment, in scheduled procedures on local level etc.” said Shala.
Further, Shala said that through these certificates, institutions of the Republic of Kosovo, especially Kosovo Police are violating human rights and freedoms guaranteed with the Constitution and law.
Also, Shala said that Kosovo Judicial Council (KJC) has deviated from legal determinations in the moment when has defined that in criminal record history enter also the data of punishment with a fine, which punishments according to the Criminal Code of the Republic of Kosovo does not cause legal consequences.
On the other hand, Yll Zekaj, High Researcher at the KLI, said that according to the Law on KJC, KJC is a mandated body which manages with criminal record history in the Republic of Kosovo and to implement this legal obligation, primary is that the regulation of the KJC on Criminal Record History to be in full harmony with the Criminal Code of the Republic of Kosovo (CCRK).
“Kosovo Police can use data from criminal record history only for its policies in treating criminal phenomenon, for the needs of prosecutorial and judicial system. For this reason Kosovo Police does not have power for issuing certificate for the criminal record history of physical and legal persons. Other institutions, especially Ministry of Foreign Affairs, should understand the legal nature of criminal report and process of investigations, legal consequences of criminal proceeding and legal consequences of conviction, so as not to violate the rights of citizens unconstitutionally and unlawfully for the only fact that somebody has submitted a criminal report against them”.
Further Zekaj said that Kosovo Police should not allow to be a tong of some persons to damage and blackmail other persons with the submission of criminal reports against them, namely with their entry in those criminal record history, which fact will exclude the same from many processes and proceedings that are developed before public institutions.
Also, Zekaj has presented the recommendations that KLI provided in this report, where has said that Kosovo Police should prohibit issuing certificates from the criminal record history for physical and legal persons.
“KJC to amendment the Regulation on Keeping Criminal Record History and the same to be harmonized with the CCRK in order not to create legal consequences for the punishments with a fine. Public institutions in the Republic of Kosovo to prohibit imposing obligation to the citizens to be equipped with the so-called certificate of criminal record history or verification on criminal record history. In each process or proceeding which is developed before these institutions, sufficient is the certificate issued by the Courts, which is made in accordance with the regulations defined by the KJC, which regulations should be in accordance with the basic laws. Also, Public institutions of the Republic of Kosovo should be well informed for the legal nature of criminal report and stage of investigations, in order not to persecute citizens unconstitutionally and unlawfully. In this direction Ministry of Foreign Affairs of the Republic of Kosovo should give a special contribution, where this contribution should be in two directions: prohibition of embassies and consulates of the Republic of Kosovo in other countries to oblige citizens to be equipped with this document as well as advocacy to the foreign embassies in Kosovo, to explain the legal nature of this certificate, criminal reports and stage of investigations, that the citizens not to be excluded even in the proceedings that are developed before these embassies or consulates of foreign states, for the only fact that against them is filed a criminal report”.
“Institutions of the Republic of Kosovo as in this case but also in other cases in the future should have constant care that within legal system of the Republic of Kosovo to keep the principle of legal certainty of citizens” stated Zeka.
Moreover, find attached the report: “Certificate for the criminal record history – violation of legal certainty: Analysis of legislation and practice about issuance by the Kosovo Police of “certificates for the criminal past” as direct violation of legal certainty of citizens and legal persons in the Republic of Kosovo”, as well as photos from today’s press conference.
Moreover, find attached the report in albanian version: Evidencat Penale në Republikën e Kosovës