Special Court for Corruption and Terrorism

Based on the European Commission's latest Progress Report, Kosovo is found in the preparation phase of the fight against corruption. The judiciary administration is slow and inefficient, while the judiciary remains exposed to political influence. The report stresses that specific progress has been achieved in the fight against this phenomenon among people with high positions, but that corruption is widespread and remains the main problem in the country.

In Kosovo, since February of this year, the ongoing process is under consideration, orally analysed the rule of law sector, and this process would ultimately have to contribute to empowering the legal state. In the analysis, the Steering Council, which is chaired by the Ministry of Justice, while members are also representatives of the Ministry of Finance, the Ministry of Interior, the Judicial and Prosecutorial Council, as well as representatives from the Office of the President, the Office of the Prime Minister and the University of Pristina.

Kosovo Government Justice Minister Abelard Tahiri, speaking of Radio Free Europe, says he expects one of the recommendations for this review will be the formation of the Special Court for Corruption, but also terrorism, which will deal with cases coming from the Special Prosecutor of Kosovo.

The Kosovo Republic has established the Special Prosecutor, which in its mandate has the fight against organised crime, corruption, terrorism. However, we do not have a specialised panel of judges that would deal with these subjects, namely, to be even more efficient in fighting organised crime and corruption. Therefore, we are seeing the possibility of establishing such a court, which we will call the Special Court, which will deal with the substances coming from the Special Prosecutor, so that we can be more efficient in penalties against those involved in the vicinity of corruption and the subjects dealing with terrorism”, Tahiri said.

He has added that prosecutors in Kosovo rarely even complain that judges at the Constitutional Courts in the country are not always efficient in treating these sensitive cases.

The Constitutional Courts, especially in Pristina, has been extremely busy and subjective. It wasn't those results that we and society in general expected. However, the other foundation courts, such as Prizren or Mitrovica, have less load. However, most of the four subjects are Pristina, they are not in other municipalities, they are not in other areas. Therefore, we consider that it would also facilitate the work of the basic Court, the establishment of such a court”, Tahiri said.

The process of reviewing the rule of law sector is expected to be completed by the middle of next year.

Kosovo Judiciary Council Chairman Nehat Idrizi considers that it would be sufficient to open a special unit under the Constitutional Court in Pristina, which would examine Kosovo Special Prosecutorials.

“Krahas Special Prosecutor would have to exist a special unit that would handle its subjects. There is no logic now that Kosovo Special Prosecutor's subjects treat the judges of the General Department or the Randa Crime Department. Prosecutors have certain benefits, meanwhile, and judges have salaries that they normally receive. It's a pretty big difference in income (financial) and judges are feeling themselves not equal”, Idrizi said.

On the other hand, besides the courts, there are also a series of other mechanisms aimed at fighting corruption. Among these mechanisms are the Anti-Corruption Agency, the National Anti-Lorrupion Council near the President's Office, the Special Unit (task-force) for fighting corruption near the Government of Kosovo.

Former Anti-Corruption Agency director Hasan Preteni tells Radio Free Europe that Kosovo does not lack institutions and laws because it has courts and prosecutors at three levels. But, according to him, political will has been lacking to fight corruption.

The formation of Kosovo's Special Prosecutor has been a political act so that if shown to the world of Kosovo is fighting corruption, establishing separate prosecutors. Even though this prosecutor exists more than 10 years, no specific case has been dealt with”, Preten stressed.

According to him, this prosecutor has the separate budget, the highest wages, meanwhile, which he says is not found in last year's act.

Preteni says even warnings for a particular court are part of what he calls a political game that is now going on for 10 years, to buy time and that will bring no results. According to him, Kosovo lacks courageous prosecutors and judges to handle corruption cases.

And they're very convinced that they have enough of citizens, of independent institutions, of police. But the prosecution is reluctant to open cases. It's completely politicised and dependent on daily politics”, Preteni points out.

After ratification of the agreement on demarcation with Montenegro, fighting corruption among senior officials remains the last condition by the European Union to lift the visa regime for Kosovo. / REL