Chief Prosecutor Lumez: About 19 thousand veterans gained illegal status

Lumez said the prosecutor who has resigned Elez Blakaj has made a <x0draft-acsa” to some in this case and has been handed over to the Special Prosecutor's Prosecutor for other suggestions.

Asked whether the prosecution is afraid of politics, he has said that <x0-politicals should fear prosecutors, not the opposite”. Lumezi said the Kosovo Prosecutor has already issued 63 arrest warrants for war crimes, with which only two prosecutors have been taken, already including the retired prosecutor Blakaj.

Lumez said he does not know when the first charges by the Special Prosecutor at The Hague will be issued, and according to him this prosecutor is still doing the investigation.

Radio Free Europe: Lumez, from the Kosovo Special Prosecutor, we have had a resignation from one of the prosecutors who has been taken on sensitive occasions. How did you expect him to resign?

Lumez: Major fuss has been made about the prosecutor's (Eleez) resignation, Blakaj, but not yet in the information tools has the main reason this prosecutor has resigned from the Special Prosecutor. Meanwhile, we've got a letter from prosecutor Blakaj. In fact, that letter is considered an act of resignation by prosecutor Blakaj, where he points out he is honoured to have worked within the Kosovo prosecutorial system and in particular in Kosovo's Special Prosecutorship, which is one of the most prominent Prosecution in the Republic of Kosovo. He has thanked all colleagues he has worked with and collaborated with, and has said he will continue his career and profession as a lawyer in an organisation abroad, or within the country.

It means, according to this paperwork that I have here, it decidably writes that prosecutor Blakaj will continue his professional activity outside the prosecutorial system, both inside and abroad. That is why he has handed over to the Kosovo Special Prosecutor's Chief Prosecutor or resignation.

REL: Prosecutor Elez Blakaj reportedly had political threats. How often are these cases?

Lumez: The media say prosecutor Blakaj has had threats from politicians, but we at the State Prosecutor's Office still have no official information that prosecutor Blakaj has had political threats. Nor do we have any official note, which the prosecutor is due to under the rules in the prosecutorial system to '%s' handed over to the chief prosecutor of the prosecution in which he acts, an official note in which there have been threats from politics, that the statement is due to the recent case of war veterans that there were threats. But, while I'm informed, he has never personally been threatened, he has had a concern at the Medical Commission, with which he has worked under the Ministry of Labour and Social Management, who have praised the state of health of war veterans. He has demanded that police provide security for those doctors at the War veterans' Health Rating Commission.

REL: The biggest criticism against you and your office is not fighting high-level corruption, are you afraid of politicians?

Lumez: I personally, to tell you the truth, I have no fear of politicians because politicians are people who have a mandate of law and on the basis of carrying out that mandate, then they become the same, ordinary people. Politicians should be afraid of prosecutors, not reverse. We do not depend on the will of the X person or Y. Our competencies and mandate is set with the Constitution and by law. So, the prosecutor's institution I consider to be completely independent and impartial in performing its duties, which the constitution also defines.

I don't believe that there are politicians in Kosovo who dare threaten or interfere with the work of a prosecutor in individual cases, which are in the phase of investigations. But I tell you with deep conviction that there is no interference of politics within the prosecutorial system. We have witnessed this with our work so far. We've had and filed charges against both ministers and former ministers, and against judges and prosecutors, against directors of public enterprises, mayors of municipalities, which was not earlier in the prosecutorial system. But these charges sent to the court, then it depends on the facts of what decisions will be made regarding these charges that we send.

But, I told you that we have shown ourselves completely independent by accusing many of political subjects, but also persons in different public social positions.

REL: It has been reported that Blakaj has prepared charges against some persons for manipulation with veterans' lists. Why aren't these charges prosecuted in court?

Lumez: We still have no official indictment. If a prosecutor raises an indictment against some, it must be handed over to the competent court and delivered into as many copies as the defendants are and as there are defenders and a copy of the tribunal's needs. In this case we've only had one draft which the prosecutor has prepared and handed in to the prosecutor.

The Special Prosecutor, who, of course, after seeing that draft of the indictment, has provided suggestions from prosecutor Blakaj. But, I have no information about what suggestions have been made by the chief prosecutor and what was later placed in that draft indictment. Otherwise, it is considered that an indictment has been filed at the moment when it is handed over to the competent court, which in this case we do not have an indictment handed over and that indictment must be handed over by the prosecutor or staff who has worked on the concrete criminal case.

Based on information I have, evidence has been provided in the investigation phase that proves that 19 thousand war veterans have illegally benefited benefits the commission has given them for veterans and disabled war.

REL: Should there be a veto similar to that in Albania in Kosovo?

Lumez: In Kosovo, there has been vetoation, in 2010 all prosecutors and judges have gone through the veting process, which is the same and is now done in the Republic of Albania. I think that the Vetting should be permanent, an institution that should be regulated even with the Law on the State Prosecutor, but also with the Law on the Kosovo Prosecutorial Council and at any given moment and at any time assessing the prosecutor's work, but also the integrity of prosecutors, increased property of prosecutors and judges. And if we achieve that through these commissions, which are within the prosecutorial system, professional work, integrity and property of prosecutors, then it should be considered a permanent veto, which is within the system. But, in general, if even international partners, but if even the foundations of judicial functions are of reconciliation to become self-inflicted, I think there can be another veto within the prosecutorial and judicial system and see whether persons are eligible for leadership positions in these two institutions, in the judiciary and in the prosecutor.

We have legal provisions that actually define the performance of the prosecutor, every three years to assess the integrity of the prosecutor or the judge, and to assess the assets which they declare in the anti-corruption agencies, and if it is eventually seen that there is an unproportional increase in the income the prosecutor or the judge has, then there is a basis for the prosecutor to begin prosecuting even any officer of the judicial or prosecutorial office.

REL: How far have the cases of war crimes gone, and when are the charges expected?

Lumez: We have formed a department in the Kosovo Special Prosecutor's Office in which two prosecutors operate, that is, dealing with war crimes cases. One of them was prosecutor Elez Blakaj, who is currently off duty. So we're going to have some difficulties maybe in handling these subjects, but very soon at Special Prosecutor's Office five new prosecutors will be appointed, of course by the middle of next month we'll have five more prosecutors.

As for war cases, most of the times it's the ones we've accepted from the E mission. The LUEX and now are in the hands of local prosecutors. They're reviewing those files, and I hope that very soon concrete results will be obtained in running these war crimes cases. However, we must remember that most perpetrators of these criminal acts are located outside the territory of the Republic of Kosovo. We have so far issued about 63 arrest warrants to apprehend those who allegedly committed war crimes, and when they are detained either by local authorities or by international authorities, we will start criminal proceedings against them.

But we must bear in mind that even many evidence and many material evidence are not found in the Republic of Kosovo, they are in the Republic of Serbia, and without a co-operation even with Serbia's justice institutions, we will hardly have enough evidence and relevant evidence to try those who committed war crimes in the Republic of Kosovo.

REL: When can the first acts by the Special Court be expected? Why is it so late and what has the Special Prosecutor asked for in The Hague from your office?

Lumez: As for the charges by the Special Court, to tell you the right I have no information. But, from the statement of the chief prosecutor who was appointed by the ELUEX law enforcement mission, we have information that the cases are still being investigated and you've seen the new chief prosecutor (Jack) Smith said I'm looking forward to completing investigations that his colleagues started before he came into that position. It means that after this statement it's considered that they're still in the investigative phase even when all relevant evidence and evidence is completed, then we'll probably have some special prosecution indictment.

We co-operate with the Special Prosecutor even with the Chief Prosecutor and according to the Law on Special Prosecutor's Special Chambers, and we are obliged to hand over all information that they ask from the Republic of Kosovo to give in further procedure.