Actual ministers hide behind legal gaps

It has been longer than a year since Kosovo President Hashim Thaci had initiated the adoption of a code, with which the exercise of public functions would be banned in case the designated persons have an indictment.

Prime Minister Ramush Haradinaj has argued before the media that the ministers do not appoint him, but the parties he is with in the coalition. Although even from his party, the Alliance for the Future of Kosovo, one of the ministers has a high-ranking act.

Even European Union representative in Kosovo Natalia Apostolova has called for officials accused of corruption to leave the institutions.

It has called for the adoption of a law forbidden by people with an indictment to exercise public office, as well as a law on confiscating property for persons proven by the court for illegally benefiting property.

Likewise, civil society representatives have repeatedly demanded that the accused ministers leave public office.

But, despite that, during this week the Government of Kosovo has named Minister of Trade and Industry Andrew Shala, who is charged with ownership, control or unauthorized possession of weapons.

On the same charge is Dardan Gashi, deputy prime minister and Diaspora minister.

Other ministers charged in the Government of Kosovo are: Pal Lekaj, Minister of Infrastructure Besim Beqaj, Minister of Innovation and Undertaking Rrustem Berisha, minister of the Security Force.

Economic Development Minister Valdrin Luka has also been accused of conflict of interest, but has been acquitted of the Constitutional Court in Pristina, while the case is at the Court of Appeals.

None of them have an indictment for their work as current minister.

Ehat Mifaraj, from the Kosovo Institute for Justice, says a state that aspires to integrate into the European Union and aims to implement the best standards of the European Union should not allow ministers with charges or ministers under it to be investigated for close corruption.

Kosovo's “Law Institute during monitoring corruption cases has noted cases when the same minister in the morning was at the Pristina Foundation Court halls charged with corruption, while in the same afternoon the minister signed contracts that have exceeded millions of euros”.

“This is the worst message for the international community, for foreign investors who would be interested in investing in Kosovo. Then, this also directly affects the welfare of citizens and the economic development of Kosovo”, Miftaraj points out for Radio Free Europe.

Actual ministers, poor example of law enforcement

Otherwise, existing laws in Kosovo enable the office of the top public official even in cases where there are open judicial procedures, unless the court ruling is almighty.

Artan Demhay from the nongovernmental organisation “Arise” says these ministers should resign morally. According to him, competent authorities should establish legal grounds so that at the moment the indictment is filed against senior officials for criminal acts of corruption they are obliged to resign.

“I consider that those ministers who have charges cannot function equally because they have loads for the subject that is being developed against them. So they cannot be functional, which can also be considered ethical, not moral, when a minister is accused of corruption and he continues to lead a very important dictatorship in Kosovo”, Demhasaj estimates.

Otherwise, within the framework of commitments to empower rule of order and law, in April, the Kosovo government has approved the new Kosovo Criminal Code, which is expected to take effect in January 2019.

In this draft code, new amendments have been proposed that prohibit people convicted of corruption from exercising positions and functions in public administration, in length of up to 10 years, from declaring the punishment act, with which stricter penalties for public money abusers have been envisioned.

In addition to ministers in the Government of Kosovo, problems with the law also have some Kosovo Assembly deputies and Kosovo municipal mayors.

The Phenomeni of ministers and senior officials with the indictment is not only forwarding the current government, because such a phenomenon was evident even in past Kosovo governments.