“More than 65 senior officials under corruption investigation”

He stresses that among them are deputy prime ministers, deputy ministers, mayors, members of leadership councils, board members, and others. According to him, the lack of a political will is affecting the failure to fight corruption properly. Havol says the agency faces corrupt cases, from the easiest employment to the highest levels of abuse of official office.

This week, on December 9th, the International Anti-Corruption Day is marked. Even in the European Commission's Progress Report on Western Balkan states published in October 2020, corruption in Kosovo is said to be widespread and continues to be a serious concern.

Radio Free Europe: Mr. Havolly, in the latest European Commission report, reportedly Kosovo has made a limited profession in fighting corruption. Where do you think the biggest obstacles on this level are?

Shaip Havolly: Frankly, in all such reports that have come, in terms of combating corruption, the issue is highlighted, even in the Progress Report. There is an impasse in all segments of fighting corruption.

This calendar year has still made our pandemic difficult. It means, most anti-corruption mechanisms, have focused on issues of pandemic, and there has been less progress in fighting and preventing corruption. We, like the Anti-Corruption Agency, despite problems that have been presented to us in terms of working here at the agency, have also tried to address a large number of cases that have come to the agency.

During this year we have dealt with a large number of cases. So far, we've sent 65 criminal cases for senior officials to the prosecution.

This number is not accurate, because these are statistics that are only comparable because it is the largest number of criminal charges. We also sent 20 paperwork to the Kosovo Police and other institutions, which exceeds the agency's mandate for further investigation.

If we talk about the level, position or cases we've sent to the respective prosecutors, somewhere 25 cases belong to the central level. Forty cases belong to the local level, 18 cases belong to different levels, different agencies and two cases are on the judicial level.

It means, there is a large number entering the category of senior officials, for whom criminal speculation has been exercised for abuse of official office and other property statements to senior officials.

Radio Free Europe: Can you explain more about these cases that are suspected of corruption?

Shaip Havolly: We are, roughly, telling them, the level, position of these officials, to whom criminal speculation has been exercised, concerns deputy prime minister in the Government of Kosovo, ministers, deputy ministers. There are mayors, heads or members of executive councils, members of central and local boards, public companies in these cases.

Then we have cases at executive agencies, we have cabinet chiefs at the local level and at the central level, department directors, consultants at municipal assemblies, senior officials at the central and local level, and we have permanent secretaries under several ministries.

I said there's a large number of senior officials for whom the agency has exercised criminal disinclination on various issues of abuse of official duty and other cases related to criminal acts against official duty, as well as criminal acts related to conflict and criminal acts related to claims, inacquacy and false claims of wealth.

Radio Free Europe: From these cases, is it a high-level official in the current government?

Shaip Havolly: It also has to do with the former government [2017 -2019], and it also has different positions that are current, central and local-level institutions.

Radio Free Europe: What is the main challenge in fighting corruption in Kosovo?

Shaip Havolly: The biggest problem lies in punishful convictions, because other institutions of enforcement of executive law, such as the Police and the Prosecutor's, have a large number of cases sent to the prosecution and here is that friction between the prosecution and the courts. The prosecution says I have filed enough charges that have elements of criminal acts, while courts say there are not enough elements, prosecutors bring us poor justices and not good evidence of material goods. And that's where the DA's report comes in and in some form blames the non-efficitists.

I, I think there is not as much political and enough will as there is, because to fight corruption, besides the mechanisms that are called for fighting corruption, there must be political will that these processes are moving forward.

Radio Free Europe: What are the main challenges the agency faces in fighting corruption?

Shaip Havolly: The Anti-Corruption Agency is in the phase of general reorganisation in order to clearly define the agency's mission, the Prosecutor's and Police mission, because different challenges have been presented during the treatment of the cases, because the agency in some situations does not have enough mechanisms to deal with several corruption-related cases, and here I have presented the different challenges in implementing the agency's law in institutional co-ordination.

For this reason, the drafting of the new law on the agency that is in public consultation has also begun and the agency's mission will be clearly defined here.

Radio Free Europe: In what cases of corruption does the agency face during its work?

Shaip Havolly: There are various forms that we face, ranging from those easier employment cases to the highest levels of abuse of official office.

There are various forms, but there are times when they even come to the agency but they pass their authorizations. We don't have enough competence to handle a certain case. We, we address these cases, if there's something in progress we direct to the police for faster action, if the cases are that they have time, then we lead them to the relevant prosecutors and prosecutors decide which institutions to send them to. Mostly, we send them to the police. So there are different natures.

Radio Free Europe: How many of the top public officials have not declared wealth?

Shaip Havolly: They have been obliged to declare property 4,721 officials, have already declared property 4,695, while 96 officials have not declared it.

Of these 96 officials, 51 cases were sent to the Investigation Department for the launch of investigative proceedings.

Of these 96, about 45 have offered late excuses, because we have still asked them for reasons about why they failed in declaring property.

At the moment, these cases are being handled in the Department of Investigations, and among them, there are cases for which criminal speculation has been laid out for non-recognition of property, and so are statements after the deadline.

Radio Free Europe: Mr. Havolly, are there times when high officials fail to enforce the Law to prevent conflict of interest by providing favors to companies owned and managed by family members?

Shaip Havolly: There are times when high officials, after taking office, do not take legal action to carry a stock or to carry management to the trusted or family.

And we've had such cases at the agency and we've handled them. So far in 2020 we have 147 cases of conflict of interest. Sixty-six cases have been avoided conflict of interest, 13 cases have resulted from no conflict of interest.

In 30 cases, we have given advice and recommendations to senior officials who have been potential for conflict of interest. Nine of us have had opinions about special situations. Special situations call them when there are complicated cases of conflict of interest. In one case, we have sought to take disciplinary measures against the senior official for not removing or denying the conflict of interest during a decision-making.

And one case has been forwarded to the Bureau of Investigation suspected of criminal conflict of interest. Meanwhile, 27 cases are in procedure.

Radio Free Europe: The agency has long ago indicated that it is also addressing the case at the University of Pristina, for misusing academic staff revenues. How far has the agency managed to handle this case?

Shaip Havolly: The agency is dealing with this issue for revenues regarding academic staff, we're in the investigation phase.

Radio Free Europe: Where exactly are these abuses?

Shaip Havolly: It has been suspected that through certain decisions of the Senate or the Council, which have been repeatedly provided additional means during their exercise of office on various commissions, and we are looking at whether these decisions had legal grounds regarding the expenses made at the University of Pristina.