Laws do not work for the rulings of politics

Sami Kurteshi, a member of the parliamentary Commission for Legislation, mandates, regulations of the Parliament and supervision of the Anti-Corruption Agency, tells Radio Free Europe that the penal code with the proposed executive changes has been reviewed by the working group and is expected to consider the Commission as well. But, according to him, no major changes have been seen in the penal code, while the new penal procedure code has not yet been prosecuted for legislation.

“We don't know what the changes will be proposed by the Ministry (of Justice) in the Penal Procedure Code. In fact, even in the Penal Code of the Republic of Kosovo, the Commission means, we as deputies have never received all the changes, together, which the Ministry has proposed, to know what has been asked to be changed. There has been a lack of transparency in that direction, but the entire Code” has been worked, Kurteshi said.

International Criminal Law Professor Ismet Salihu, who is talking about Radio Free Europe, has said he was part of the team that worked in the new Criminal Code, says changes and complements have been made on this code, including criminal acts against official office.

“In the Penal Code changes have been made. Close to 100 articles have undergone changes and fulfillments. There are also new incriminating regarding criminal acts against official office. This is meant for criminal responsibility, for punishing official persons who misuse official duty. There are several interventions here, and mainly has been expanded the strategy of people who can respond, and also, severe sentences for these works”, Salihu stressed.

He has also added that based on information he has, even on the new Code of Criminal Procedure, it has been envisioned that in the event of the prosecution, regardless of the official post, the person must be suspended, ranging from the positions of lower levels to the highest official position in the country. The other innovation, according to him, will also be judgment in absentia.

But, Betim Musliu, director of the Kosovo Institute for Justice, tells Radio Free Europe that the issue of decentralisation, in many countries, has been effectively regulated, but not in Kosovo. According to him, since civil servants are investigated as suspects in criminal acts or charged with such acts, they may be suspended by officials who run institutions. But that does not apply to the envoy and appointed political officials in the country's high institutions, which the Constitution of Kosovo does not deny the right to be elected or appointed, and at this point, authority alone recognises the court.

Any of the officials who can be charged and tried for a criminal offense may be barred from practicing a profession, and there may be stops with only complementary sentences, but not the ruler to regulate the legislation. Today, according to the proposal we've seen on Penal Hill, it doesn't prove there's any innovation in this area. What has been in legislation so far has been repeated, and what we're seeing in public is that there's been a promotion for something already in the Penal Code”, Musliu stressed.

But could the new Penal Code and the new Code of Criminal Procedure be effective to fight criminality or criminal acts against official office?

MP Kurteshi says that's exactly what efficiency exists.

“From the ruling parties there are often objections even in the Commission, when it comes to a stricting of legal standards related to the exclusion or exclusion of people involved in such matters, to call by one name corrupts”, Durmish stressed.

But, Professor Salihu says the laws are good as long as they are implemented by investigators, prosecutors and judges. But, according to him, all of this is about will or politics to ensure autonomy, independence and security for all of the holders of functions in the justice system.

This is a complex issue. Without being changed in spirit, mentality, concept, and political will, let no one expect you to fight enough criminality or criminal acts against official, namely high-level task”, Salihu said.

Meanwhile, Musliu says that, for the time being, if Kosovo wants to build a legislation that cannot afford electoral lists with individuals who have a criminal past or who are prosecuted by the indictment, as well as unable to appoint such individuals to high state posts, constitutional changes are needed.

However, according to him, such a thing is hardly feasible, taking into account the many obstacles to reaching constitutional changes. In view of this, he says, political parties would have to fix this issue themselves.

“Must build a common code of ethics through which they would assume obligations to their officials, to political parties, whether appointed or elected, the moment they conflict with the law or any criminal procedure is conducted against them, to withdraw and that they, simply, should not be placed in public office. This is, we believe, the easiest way that, for today, could make a kind of decritalisation of politics in Kosovo”, Musliu stressed.

However, prior to the recent parliamentary elections in Kosovo, representatives of foreign diplomacy in Kosovo had demanded that political parties not place on electoral lists the persons who have faced criminal procedures or have had criminal procedures filed. However, in some cases, in past governments, but even in the current mandate, there have been officials against whom the charges have been filed, mainly for abuse of official office.

Currently, in the Government of Kosovo there are seven ministers who are facing judicial procedures for various criminal acts, mainly corruption.