Confiscating Wealth Challenged by Lack of Courage

Kosovo has failed to address cases and seize illegally acquired property of official and political persons, civil society representatives in the country say.

In Creation's Effort of an adequate legislation on confiscating illegal property, days ago the Kosovo Assembly has first adopted the draft law on expanded competence of property.

However, according to representatives of organisations monitoring the work of the courts, it is stressed that there has been legislation in Kosovo on this issue, but there has been no courage to seize illegally acquired property.

Betim Musliu, director of the Kosovo Institute for Justice, tells Free Europe Radio that even this law, as well as other laws, is formal if they fail to implement in practice.

Kosovo's “Law Institute has made comments on this bill and in this case we have an advantage in some respects, but it has practically never been a problem to seize illegal assets. The problem is law enforcement, which in this case are prosecutors and judges, who in no case have the courage to make demands and apply the seizure of property acquired through criminal activities. The problem in Kosovo is not in laws, the problem lies with people of the missing integrity, to implement the legal framework we have”, Musliu points out.

On the other hand, Isuf Zeynep from the organisation Democracy Plus says Kosovo has needed a better legal basis to reach the seizure of illegal property of senior government officials.

“The change of this law has come as institutions such as the Prosecution have complained that with the current legal base in force it is impossible to come up to efficient seizures of property, as the law is unmet. The prosecution has identified that the current law has been confused and there has been durability, something not allowed in one article has been allowed in another, in particular in officials when the time has come to decide on the seizure of illegal property. In principle, in the new bill, a large number of problems that the law has had in place for” avoids, Zeyna points out.

The first-read adoption of the draft law for expanded competencies of property seizures has prompted reactions by opposition MPs.

Commission for Legissation Chairman Albulen Haxhiu, deputy from the Vetevendosje Movement, has stressed that this bill is not aimed at fighting organised crime and corruption.

This bill is aimed at amnestying the corrupt because again, as with the current regulation, the burden of testing falls on the prosecution organ, the Prosecutor. This arrangement so far has resulted in failure because due to the seized justice system and lack of professionalism, prosecutors have failed to verify illegal property”, Haxhiu has written.