Certificate of legally sentenced election candidates, investigation against CEC

Kosovo's Institute for Justice (IKD) reacts to the Central Election Commission (KQZ), which has violated the law as certified candidates with past criminals, respectively, with firm-shaped judicial sentences competing for asmblists and Communists' president in the local elections of October 22nd 2017.

The IKD estimates that the CEC's decision to certified the criminal past candidates in the last three years, contrary to the Kosovo Local Election Law, poses a scandal for which the State Prosecutor invites the decision-making of the CEC, which, in spite of official data from the KRK for past criminal candidates, has made their Certificate or has taken conform acts of law to clean up the lists of amblist candidates or mayors whose rights were denied under the law in municipal elections by October 22th17.

Such a violation of the law so transparently cannot leave the State Prosecutor indifferent, who has constitutional and legal mandate to investigate and pursue these actions.

This CEC decision testifies to the lack of political party political will, which through their representatives constitute the CEC's body to respect the legal criteria, aimed at introducing candidates with past criminals contrary to the law.

Based on official records, there are over 7,000 candidates for whom the CEC has sought clues about their criminal past in the Constitutional Courts of the Republic and there are over 600 candidates who have final condemnations or are found in criminal procedures.

The IKD calls on the CEC to ensure that, in line with positive legislation, the removal of all candidates for ambistics and candidates for the mayor of the municipalities have final condemnations for criminal acts.

In this direction, The IKD has accepted complaints from candidates who object to the accuracy of the KCJ data, so it requires the KDR to verify the records of final judicial decisions by the Constitutional Courts to be precise and limit candidates' rights with final bias in line with the Law on Local Elections in Kosovo.

The IKD expresses disappointment with political parties, which are giving a bad message on the case of running persons with final condemnations contrary to the law, but also with the case of running persons who at this stage are facing court processes for various criminal acts. The IKD expresses concern over the integrity of candidates for asmblists in these local elections and political parties competing in these elections.

This is because even despite the fact that candidates have been obliged to sign the declaration in the candidate's application confirming that the same have no obstacle that would make it impossible to present that candidate based on Article 29 of the Law on General Elections in the Republic of Kosovo, where the condition is set that they are not condemned to act on the firm form in the last three years. The Law on General Elections in the Republic of Kosovo applies appropriately to local elections in Kosovo.

KDR data has proven otherwise in hundreds of cases. This proves that these candidates with criminal past, through false information have tried to get into the CEC, which they suspect would also carry out the criminal offence under oath, sanctioned according to the Kosovo Criminal Code.

In this direction, The IKD requires urgent response of the institutions called by law, in concrete cases by the CEC, the State Prosecutor and the KDR, to take conform action within their constitutional and legal scope.

The IKD invites political parties to set an example in providing candidates as ambistics to the mayor of municipalities, who have no problem with the law, including facing them with judicial procedures without being prejudiced for their guilt. Only in this way will political parties send a message that through providing clean candidates and offering programmes are interested and committed to good governance.