Prosecutor re-opens case of scandalous food supply contract KSF

The Constitutional Prosecutor in Pristina has re-opened the case for investigating allegations of counterfeiting the tender file from the company “Beni Donna Plast”, owned by Ragip Mustaf, with which this company, in March 2020, has secured the contract of the Kosovo Security Force Ministry, currently the Defence Ministry, worth 8.4m euros, for food supplies to the Kosovo Army.

The case has been re-opened since research was started by the <x0->Unitia” on this issue.

Parasely, the case was closed by the prosecutor, Merrishe Llugiqi and Pristina chief prosecutor, Kujtim Munishi, with the reasoning that the subject was being addressed in the Procuratory Organisation (OSHP), known as the Tender Court.

The battles for the contract, worth 9 million, for the Kosovo Army's food supply, had started in April 2018. The Accounting Authority, the Ministry of the Kosovo Security Force, had three times awarded the contract to economic operators, “Global Paradise and Cyan Trade & Services”, but it was contested by the OSHP. Finally, the contract was awarded to the company “Beni Dona Plast”, despite suspicions raised that in the tender file it had two ISO forged certificates, which were presented as issued by the company “Royal Cert International”.

Agon Hysa, a researcher in Democracy Plus, estimates that documents like tax evidence issued by the ISO Tax Administration and certificates are easily verified, even within the OSHP session. But, according to him, so far he has seen that only once has it happened within the session, the investigative panel verify the documents.

“The most common certificates forged in Kosovo are ISO certificates, where the ISO expiration date is forged or complete. If you don't have ISO certificate, you get one that you have, you get it a little bit, you write it down that you're certified for another ISO”, said Hysa.

Meanwhile, public procurement field researchers estimate that the contracting authorities and O'Responding Panel The EPS are key to law enforcement. When it comes to tenders of millions and powerful companies, these institutions are silent about accusations of counterfeiting, while when tenders and small companies are involved, then the law is implemented precisely. In such cases, they say, there are doubts based on the possibility of corruption.

Staying Arifi, senior researcher at INPO, says that when the public-based body does not act, then we have criminal acts of misuse of official office.

Thus, this misuse would have to be pursued by public authorities, in this case courts and prosecutors” stressed.

OSHP and prosecutor's” game?

What actions O's socking panel has taken The timeline to verify allegations of counterfeiting during public hearings, the “insistia” has sought answers from former OSHP leader Blerim Dina, who has responded briefly.

What should I do? Arresting people?

During the time the battles were taking place on O The EPS, Kosovo Police Task-Forca Anti-Corruption, chief prosecutor of the Constitutional Prosecutor in Pristina, Cameron Munich as well as the complaining companies, have accepted official answers from representatives of the company “Royal Cert International”, that the two ISO certificates presented by “Beni Dona Plast” were invalids, forged and misused by <x4Beni Dona Plast5>.

Despite these developments, Pristina Constitutional Prosecutor Merrishe Lluqi, on July 28, 2020, had closed the case with the argument that the case was being addressed in the complaint at the OSHP.

Hasani: Random, misuse, or ignorance

The prosecutor's actions, Merrishe Llugqi and Pristina chief prosecutor, Mejtim Munishi, to close the case with official note, are deemed scandalous by former chairman of the Supreme Court of Kosovo, simultaneously Penal Law professor Fejzullah Hasani. According to him, the closure of the case through an official note does not have legal support because an administrative procedure cannot cease a criminal procedure.

For my obedience here are two possibilities. It means, the chances of abuse if so. And more than that, I think we're dealing with some kind of abuse or much less and that I rule out this, because it's impossible not to know this prosecutor, that (kins) more is a lack of knowledge. For me this theory of abuse prevails, because someone had to be favored, someone had to close the case. It doesn't matter to me that a prosecutor” cannot know about this, Hasani praised.

Throwing ash into public eyes

Commission “

This approach to closure, but also the resumption of the case by the prosecution, Professor Hasani, values them as unforgivable and as a tendency to cast a shadow on the public, as if the prosecution is doing its job.

No, that couldn't happen at all. It could not happen at all, but it is even worse, when now with absurd tendency it tends to cover up a scandal that has occurred”, Hasani said.

He added that accountability mechanisms, in this case, should be activated, regardless of how skeptical they can act, stressing that in such cases, protagonists have strong connections and amnisterate.

Controversial contract applies that one and a half years

While at this stage, the Constitutional Prosecutor in Pristina is taking investigative action on suspects of ISO certificates faked by “Beni Dona Plast”, the latter is nearly filling a year and a half that is implementing the contract for the Kosovo Army, which covers the value of 8.4m euros.

According to Professor Fejzullah Hasani and procuring researchers, if “Beni Dona Plast” has won the contract with forged documents, then the contract must be suspended and legally followed to undo the parties.

How the prosecution will act in the case of allegations of fraud by “Beni Dona Plast” remains to be seen.