Former AKK chief: Raising pay for personal interests is a criminal offence

Former AKK chief: Raising pay for personal interests is a criminal offence

The office of Kosovo's prime minister is ignoring the opinion of the Anti-Corruption Agency, which on Monday declared the government's chief decision to raise its own salaries and subordinates illegal, on December 20, 2017. But, former Anti-Corruption Chief Hasan Preteni, in an interview has declared that [...]

But, former Anti-Corruption chief Hasan Preteni, in an interview has stated that this prime minister's decision is not only illegal but also constitutes criminal acts that would have to be investigated by the prosecution. But he feels that the latter are keeping silent because their decision has increased wages by a hundred percent.

Kosovo Prime Minister Ramush Haradinaj, in November last year, had hosted the director of the Anti-Corruption Agency, Shaip Havollin, who had cited as the challenge of failing to implement laws as well as high corruption, emphasising the Government's commitment that he directs to radical change of this situation.

But two months later the prime minister is ignoring an opinion of this agency, which declared his decision to raise pay for himself and its subordinates illegal.

The AKK on Monday has found that the “conflict of interest is caused only by senior officials who have been part of the decision-making process”.

A few hours later, the prime minister's office said that this opinion of the anti-corruption Agency is more guiding, and that they will not back down from the December 20th decision to raise government cabinet wages.

Prime Minister Halil Matoshi's own adviser has cast doubt on the AKK's motives for this decision, saying he may be influenced.

But the same opinion with the Anti-Corruption Agency divides the former leader of this institution, Hasan Preteni.

Preteni says the Government's decision to raise salaries itself is not only illegal, but also constitutes criminal acts which should be investigated by the Kosovo Prosecutor. But he has said that it is up to them to take measures even against themselves, as the prime minister's decision to raise salaries, and the judicial and prosecutorial system, has increased them atomicly.

“Do not forget that of 1. January 2013 in the Kosovo Criminal Code “interest conflict “is a criminal offense. For me this decision is negatively affecting in some other cases, and it's doing other damage to the increase of wages in the justice sector, so the damage and the negative influence is continuing, here are elements of the criminal act, but why doesn't prosecutors react this is “

He has said the AKK's opinion should be clear and must be consistent with legal measures that the Law defines for preventing conflict of interest in the exercise of public office.

Article 2 of 21 of this law, which regulates the non-recognition of legal responsibilities, says that whenever the agency has reasonable doubts, that with the violation of the provisions of this law, there are elements of any criminal offenses, it is forced to present criminal reporting to the competent prosecution”.

Preten has clarified why this decision is illegal and is a conflict of interest.

“Yes, the prime minister's decision to raise his personal salary violates the principles of good actions is a conflict of interest. Making decisions for private interests is conflict of interest. The senior official is obliged to defend public interest has no right to place private interest before that public. A decision cannot be reached when the name of the signer of that decision is also among those who benefit from that decision. The prime minister - senior official must defend everyone's interest. I have to make sure that they have to win everyone (public interest) rather than private interest. For the prime minister's salary, someone else must-sign not that one himself, Preteni stated.

But he has acknowledged that the reasoning of the AKK's opinion has been unclear, and that he would have to be more powerful.

I value the AKK's decision as right, even though I have a lot of dilemma in the reasoning part, this part somehow tries to get back from the decision, try to make the opinion itself fade, create the impression that “is a conflict “but not so powerful and that it can be corrected” You're losing the power of opinion, it's an unwarranted calculation, why this dilemma- A situation is or is not a conflict, and it doesn't even work out.

He has said that such government decisions influence the general perception of the public on credibility in the country's institutions, saying decisions must be made that boost citizens' trust in institutions.

On December 20th, Kosovo's prime minister, through a decision, doubled his salary and cabinet ministers. While the prime minister's salary has been around 1500 euros, through this decision he paid himself 2950 euros. Likewise, the deputy prime ministers' salary became 2,500 euros, until the ministers' 2000 euros.

This prime minister's decision has also been sent to the Constitutional Court on the part of opposition deputies.

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