Pristina, 13th November 2016 – Kosovo Law Institute (KLI) on 13th November 2016 has reacted regarding the lack of legitimacy and legality of the Juridical Council and the Prosecutorial Council.
Kosovo Prosecutorial Council (KPC) on Friday date 18th November 2016, reacted publicly through a statement, rating that pretends of the KLI for mandate expiration of prosecutor Mr. Idain Ismajli are serious and put into question the legitimacy of the Council composition, have reviewed this matter.
“After the review of the official record and documents related with mandate of the KPC member, Mr. Idain Ismajli, we strongly believe that his mandate didn’t expire”. Also the Council has informed that while they respect important role of civil society in monitoring the prosecutors and judges, the KPC will not always agree with conclusions of the civil society. “In this case, we strongly do not agree with the author of this report. Member of the KPC, Mr. Idain Ismajli, has served with legal mandate and will continue the same until its expiry”.
KLI expresses deep concern with this access of the KPC which is expressed strongly through faith and not argumentation regarding expired mandate of Mr. Idain Ismajli.
It is very concerned fact that how the KPC in its reaction does not provide any single argument to convince the public about strong faith that has to mandate of Mr. Idain Ismajli.
KLI lies behind research and legal analyze published regarding expire of mandate of the KPC member, Mr. Idain Ismajli. Legal analyze is based in the law of the Kosovo Prosecutorial Council itself, which defines clear that mandate of the KPC member is five (5) year, with the inability to continue with an additional mandate one after another.
It is abundantly clear that Mr. Idain Ismajli is elected member of the KPC on 15th February 2011, and the same is still serving in this Council even though now more than five (5) years have passed from the time he was elected, respectively his mandate expired from 15th February 2016.
KLI reminds the KPC that with the constitutional, law and internal regulation there is no competence and mandate that through Decisions to extend mandate of its members for five (5) years out that what law itself defines.
KLI invites the KPC that an such sensitive issue that contest legitimacy of the KPC and represents public interest, to discuss it in the open meeting of the Council, also to justify and convince the public about what base continued mandate of Mr. Ismajli. KLI is obliged that strongly convince public about legitimacy of KPC and mandate of member Mr. Idain Ismajli. KLI has counted the years from 15th February 2011 until 15th February 2016 and came out five (5) years. Onward, according to the law, every day of stay of Mr. Idain Ismajli in the KPC it is estimated illegal. Therefore in this way, KLI invites publicly the KPC to answer in these questions to convince public strongly.
Does the KPC strongly believe the decisions of the KLI itself? If yes, can they strongly convince the public for decision of the KPC A.nr? 05/11, through that from 15th February 2011 Mr. Idain Ismajli was elected member of the KPC?
Is the mandate of the KPC member five (5) year? Is it allowed with the law extension of mandate five (5) years?
KLI estimates the work and contribution of every council member since its establishment. KLI expects from all the KPC members that first will guaranty legality and legitimacy of the prosecutorial system in order not to threatened juridical security of the prosecutorial system for narrow interests of certain members.
KLI invites the members of the KPC that during their functions and responsibilities to meet constitutional obligations, legal and to apply high standards that ensure their independence and impartial in the service of the rule and law in the prosecutorial system.
For more see the complete reaction of the Kosovo Prosecutorial Council.
Reaction from the Kosovo Prosecutorial Council
Pristina, 18th November – “Kosovo Law Institute (KLI) newly has published a report titled “Lawlessness of Juridical and Prosecutorial Council”.
In this publication, the author claims that member of the KPC, Mr. Idain Ismajli, has expired mandate and should not be part of the Council.
Considering that these are serious pretending’s and put into question the legitimacy of the Council composition, we have seen it reasonable to study this matter. After the hearing of official record and documents that relates with mandate of the KPC member, Mr. Idain Ismajli, we strongly believe that his mandate has not expired.
While we respect the important role of civil society in monitoring of prosecutors and judges, we will not always agree with their conclusions. In this case we strongly do not agree with the author of this report.
Member of the KPC, Mr. Idain Ismajli, has served with legal mandate and will continue the same until its expiry.