Pristina, 27th April 2016 – Kosovo Law Institute (KLI), with the support of British Embassy and American Embassy in Pristina, on Wednesday, held worktable titled “Legality of the Judicial Council and Prosecutorial Council (In focus: Fighting or promoting corruption)” where published two reports of KLI, “Corruption in Kosovo: Fighting or promoting corruption” and Legality of the Judicial and Prosecutorial Council (Monitoring of the Judicial Council and Prosecutorial Council: Analyze of implementation of legislative package of the judiciary)”. Both of these reports came out as result of continuous monitor of the Prosecutorial and judicial system, while the analysis focuses on the last three months.
Part of panel were Ambassador of Great Britain in Kosovo, Mr. Ruairi O’Connell, American Ambassador in Kosovo, Mr. Greg Delawie, Head of Judicial Council, Mr. Nehat Idrizi, Head of Prosecutorial Council, Mr. Blerim Isufaj and President of Supreme Court, Mr. Fejzullah Hasani.
In his opening speech, Ambassador of Great Britain, Mr. Ruairi O’Connell, said that “KPC and JC must be example to justice. Building career in the justice system should be based on merits of judges and prosecutors performance. As ambassador and good friend of Kosovo, I am concerned that too often we see news talking about failures of justice system.
Responsible of failures, must be punished, like in every normal state where there is rule of law. Fight against internal corruption, does not develop promoting the law violators who exercise functions in the justice system. Law violators, must be punished, should not be promoted, because promoting law violators, will affect directly in discouraging of honest judges and prosecutors, heroes of Kosovo, to feel scared and degraded. It should be the opposite”. British Ambassador said that justice system must fight badly inside it in order to create welfare for the citizens of Kosovo. “Obey the law, fight crime, fight corruption; this is the only way to return the confidence of citizens”, said O’Connell. Further he said that problems continue and these problems become even bigger when facing lack of law enforcement for justice. “This is shown by two reports of KLI, which are monitoring product of Judicial Council, Prosecutorial Council and courts of Kosovo. I thank KLI for the work that has done, that showed problems and progress in the judicial and prosecutorial system. Cooperation with NGO-s, with KLI presents an added value”.
USA Ambassador in Kosovo, Mr. Greg Delawie, in the organized worktable by KLI estimated role of civil society in attempt for fighting corruption inside justice system. “Civil society has an important role in this process. I encourage strongly all of you to consider recommendations of KLI. Nobody likes to be criticized or to be said that are not doing a good work, but the truth is that there is room for improvement in everything you do. Benefit from the reports, take into consideration and find ways to make improvements”. Ambassador said that there should be equality in justice. “This means that institutions of justice must have a complete commitment to fight corruption inside justice system itself. Any institution cannot except from the others to obey the law if it’s not done by them”. Further Delawie mentioned also issue of public officials, against which held judicial proceedings. According to him accused or punished public officials must be suspended until their issues resolved. Finally, he urged the two Councils to take necessary steps that prosecutors and judges to follow the best possible professional ethics.
Head of Kosovo Judicial Council, Mr. Nehat Idrizi said that corruption has a destroying impact on the rule of law. “Our justice institutions must prove in taking steps towards the protection of human rights and to show high levels of professionalism”. Further he spoke about Action Plan for solving of corruption cases. “I want to thank KLI that has been stakeholder providing assistance in the drafting of this plan. Plan aims to define the activities and timelines for the treatment of corruption cases”.
Head of Prosecutorial Council, Mr. Blerim Isufaj said that KPC has made significant progress in many directions, since January of this year, when it was also formed the new composition of the council.
On January 2016, Council has realized different activities in terms of its institutional development. New composition of KPC held 5 meetings, has approved regulations acts, has formed different Commissions, and has approved few internal regulations that dealing with the internal organization, recruitment and evaluation of the prosecutors and disciplinary responsibility of prosecutors”. However, head of KPC during this worktable mentioned also obligations that this Council must fulfill in the future. “KPC plans for the future are improving the budgetary position, drafting of important regulations, completion of KPC with members coming from member’s non-prosecutor, transfer and advancement of prosecutors as needed, capacity building, increasing cooperation with local partners, continuation of cooperation with international partners etc.” According to him, to fulfill these plans, Council will treat with great possible seriousness recommendations derived from two reports of KLI.
In other side, President of Supreme Court in Kosovo, Mr. Fejzullah Hasani in his opening speech said that mechanism are not lacking for fighting of corruption, but the result in this fight leaves to be wishful. “We consider that are defects in all prosecution mechanism, not ruling out the possibility of lack of courage. This phenomenon cannot be fought limited to certain institutions”. According to him, enough evidence and support of international partners will help justice system in the fight against corruption, or as he considered it for harmful phenomenon for the state of Kosovo.
Present in this worktable were Presidents of Basic Courts, Chief Prosecutors of Basic Prosecutions, judges, prosecutors, Director of Anticorruption Agency, representatives of British Embassy, American Embassy, Norwegian Embassy, representatives of Kosovo Prosecutorial Council, Kosovo Judicial Council, representatives of Disciplinary prosecutor’s office, representatives of Advocates Chamber of Kosovo, USAID, EU office in Pristina, OSCE, UNDP and civil society.
About the findings and concrete recommendations of the report of KLI, find attached two full reports.
Legality of the Judicial and Prosecutorial Council, and corruption in Kosovo-fighting or promoting of corruption.