Osman requires legal interpretation by Parliament on MP Etem Arifi case

Kosovo Assembly Speaker Vjosa Osmani has asked the Parliament's troops for legal interpretation regarding MP Etem Arifi's mandate

After reporting to the media that MP Emem Arifi has been sentenced by the Pristina Constitutional Court to 1 year and 3 months in prison for subsidies, Kosovo Parliament Speaker Vjosa Osmani has immediately addressed this issue in the respective instances, since until those moments, no official notice had been sent to the Assembly concerning the case. Ms. Osmani has sent a letter to the Kosovo Judiciary Council and the Court of Appeals, of which she has asked that the prosecution be forwarded to the Parliament by all judicial instances in the case of MP Etem Arifi.

The Kosovo Assembly, on 1 May, has already accepted electronic copy on 4 May, the physical copy of documentation required by the responsible institutions. Therefore, the same day Mayor Osmani has asked the Commission for Legislation, Mandate, Immitation, Assembly Order and Supervisor of the Anti-Corruption Agency, which, according to its scope, offers a legal opinion about MP Arifi's mandate. A legal opinion, Chief Parliamentary Osmani has also asked the Parliament's Legal Office.

After having the answer from the Commission for mandates and the Legal Office, Speaker Osmani will handle the MP's case in regular procedure in the Parliament's Headship.

As you may have been informed, April 20, 2018, Mr. Etem Arifi was sentenced by the Constitutional Court in Pristina to two years in prison on bail, after he was convicted of criminal acts of subsidies fraud. Mr. Arifi was also confirmed with the Court of Appeals Act of August 20, 2019, with which the prison sentence had been reduced in one year and three months. As of January 30, 2020, the College of the Supreme Court has decided to reject it as baseless, a demand for protection of legitimacy submitted by Mr. Arifi's defense, exercised against the judgments of the Pristina Constitutional Court and that of Appealit”, it is said in the letter of the chief parliament.

In her letter, Ms. Osmani stressed that on April 30, 2020, Mr. Etem Arifi has delivered a detailed memorandum through which presents Mr. Arifi over the case in question and potential implications about his mandate as MP.

Furthermore, the Speaker of the Parliament has mentioned Article 70, paragraph 3, of the Kosovo Constitution, under which the MP's mandate ends or becomes invalid if it is sentenced to court rulings of a formal form for criminal offence to one or more years in prison. The same is regulated in the 03th Law. L-111 for MP's rights and responsibilities, specifically at Article 8, points 1.6 of this law, as well as Article 25, point (d) of the Parliament Rule.

In view of these paperworks, please give your interpretation regarding the mandate of MP Arifi”, concludes the letter of the governor Osmani.