IKD: This year no charges filed for high profile corruption

So it was said today at the table with the “Corruption Indulgence”, organised by the Kosovo Institute for Justice (IKD), with the support of the US State Department ) Bureau of International Narcotics and Law Implementation Issues (INL) and NED.

Two IKD reports were published at this table, as a result of systematic monitoring and researching cases of corruption and other criminal cases in the prosecutorial and judicial system, containing findings, assessments and recommendations for increasing the efficiency of these systems in tackling cases of corruption and how to improve the policy of penalties.

IKD researcher I achieved Rezniqi presenting findings of the report “Special Investigations in Combating Corruption”, said the Special Prosecutor also this year continues with the flight trend in taking responsibility for handling corruption cases.

This prosecutor from January 1st 2019 to September 30th 2019 has not filed any charges against high profiles for corrupt criminal acts. P's other characteristic The SRK is linked to the fact that prosecutors in this prosecutor are not profiled and specialised in specific areas, including profiling in corruption cases and economic crimes”, she said.

Rezniqi indicated that punishment policy in corruption cases still remains a challenge and that the judicial system is still unable to implement penal policies in accordance with the Kosovo Criminal Code.

Even during this reporting period, the largest number of sentences pronounced by courts are conditional and fined sentences, followed by prison sentences. However, 2019, compared to the previous years for the first time, has marked the rise in the number of sentences to effective prison sentences pronounced by Kosovo courts”, she said.

Researchers Rezniqi also said that the year 2019 has continued to be marked by the phenomenon of delaying the large number of court hearings in cases of corruption and lack of transparency and public accountability from the judicial and prosecutorial system.

While IKD researcher Gzim Shala has presented the findings of the report “Kosovo sentence policy “, according to which Kosovo's Guidance for Punishment Policy guide, issued by the Supreme Court of Kosovo on February 15th 2018, has found no application in practice, but has remained a document on paper.

Research and analyse of 73 judgments, which enter different categories of criminal acts, in which courts have ruled with condemned judgments, according to Shala, show two phenomena.

The previous “is that in the judicial system of the Republic of Kosovo, we do not have to deal with a principled practice, which would then be concretely concrete to the specifics of a case. And secondly, that no part of the guide has been implemented at a satisfactory level, which can otherwise be translated that the guide is almost unmet in practice”, he said.

Shala said that in addition to reasoning, the stereotype also has a pronounced sentence, and especially the part of corruption, with the argument that out of 34 sentences to effective and conditional in corruption cases, a total of 23 of them are prison terms for six months.

“As far as the severity of penalties is concerned, the findings show that out of all categories that have been analysed in this chapter, the softest penal policy is in corruption cases. Even sentences in corruption cases have been softer than in cases which are tried in the General Department. Of the total sentences pronounced in the judgments analysed in this report by the corruption chapter, courts have pronounced a total of 14 convictions with effective prison sentences. But of these 14 convictions with effective prison sentences, courts 9 of them have turned fined sentences, meaning that we have only 5 acts of effective prison sentences, until 9 of them have been identified in the penal acts chapter that are tried at the General Department”, Shala said.

He has added that out of the 25 convictions analysed in these cases, courts in just one case have pronounced additional punishments, while they have not done so in 24 other judgments.

INL Director for Kosovo-American State Department Shawn Waddoups said the American Embassy would support judges and prosecutors to apply the Guidance for Punishment Policy effectively. He also invited all acters of justice institutions to co-operate in fighting corruption and implementing the law in Kosovo.

While the KDR leader, Skender Chocaj, said there is progress in fighting corruption, but is not satisfied with the level of this progress, which he sought to work more in this direction.

Speaking to the Centre for Punishment Policy, Chocaj said it is in the initial phase of implementation, and that according to him it is working towards implementing this guide in practice.

Supreme Court Chairman Enver Peci said the Leader for Punishment Policy cannot become binding, but on his part the system can improve, until Kosovo Police General Director Rashit Qalaj said justice institutions can do more in fighting corruption.

In this regard, there has been supportary debate also by the participants at the table, including the heads and prosecutors of all levels of courts and prosecutors, judges, prosecutors, representatives of independent institutions, representatives of international institutions and foreign embassies in Kosovo, representatives of civil society, and the media.