(Don't) File property, over 60 criminal charges against public officials this year

The director of the Agency for Prevention of Corruption (APK), Yll Buleskaj, indicates that after the end of the term for property statements, which was open by the end of March, there are about 4 thousand and 700 public officials who have declared property for 2022, while 20 public officials have not used this period to carry out the obligation.

The failure of property by state officials in Kosovo, according to the Criminal Code, is fined or sentenced to jail for up to three years, but that so far in no case has there been a prison sentence. Fines are 30 percent of the monthly salary of up to 500 euros.

Buleskaj says they have not imposed any fines so far, as they are making the final verification of public officials who have not declared the property.

“For the past year has declared about 4 thousand and 700 public officials, who have been tasked with regular declaration of property. Besides, there's also around 20, who haven't declared it in time, but we're making final verifications, if they're in another form of electronics, which has been the main one this time... So far we haven't imposed any fines.

We're in the process of verifying. I'm believing that those who turn out that they haven't declared their wealth in any form, we from next week will pronounce the first fines. Fines are not small, there are 30 percent of the monthly salary of up to 500 euros”, Buleskaj says, while adding that the electronic system has facilitated the process.

Following verification of property and the agreement that there are differences with what has been declared and findings, Buleskaj shows that for the period from 1 January to 31 March this year, a considerable number of cases in the Prosecutor have been submitted.

We've handed 60 cases to the Prosecutor this year, which is not a very large number, but it's important. These cases have largely resulted as a result of verification of property that occurred at the end of last year, and after differences have been found have undergone a process of investigating these cases and all those that have not been able to shut down due to major differences in property statements, we have forwarded them to the State Prosecutor for Investigation”, Buleskaj says.

Despite the small number of state officials who do not declare property, the exercise of duties by the APK, and the establishment of charges, minor and largely conditional sentences on the part of courts according to law institutions' work monitors are negatively affecting results.

The executive director of the Kosovo Institute for Justice, Ehat Miftaraj, says the sentences without legal consequences are not reaching the effect, for which the Law for property declaration has been adopted.

With the fact that we have a large number of ministers who haven't declared it, it somehow shows how little respect this government has for rule of law, for fulfilling obligations that come out of law... Practices have to be changed, to change standards where ministers, deputy ministers have no respect with the declaration of wealth, and somehow ignore and declare the same. On the other hand, another criticism must also be given to judges themselves, who, by means of fine sentences, are declaring this entire law or provisions involving the declaration of wealth invalid. When it is known that fine sentences do not have legal consequences, in some way they are sabotaged policies that approve the Assembly, they are sabotaged the obligations that arise to maintain the integrity of the public official, but also the office they represent, he says.

While, APK director Yll Buleskaj says there are even cases that have complained in court.

It's not like we're very satisfied, but we see progress in dealing with these cases from last year. This is the first case that we have afeedback or return information about what's going on with all these criminal charges. We've also started using the complaint mechanism at the Appeals of Criminal Conjudices, which, according to us, were unjustly rejected. We have at least two cases that we've complained about at the Court of Appeals and because they're closed, and according to us, they're unjustly closed”, he adds.

On the other hand, the director The IKD addresses criticism of the prosecution, which it says uses double standards.

“Based on our monitoring, the prosecution has double standards, where, for an identical case, if we are dealing with a state prosecutor, who does not declare the property properly, the same one gets amnistered and therefore the investigation is fired, while for police or other officials we have an indictment. So in this direction, even if it makes the system right, when the same is supposed to be implemented by the police, by the courts, by the prosecution, then those problems, differences are being observed. A double policy is being observed, where, in certain cases, the law is implemented in certain cases, as presumption is”, he says.

For public officials, who have been sentenced to firm court ruling, it is required that they resign from their respective positions, as it is estimated that any violations could harm the public's image of the country's institutions.

Violet Bulnjak from Movement Fol considers that all state officials who have made a firm decision by the tribunal for their guilt of criminal corruption must resign.

“Public officials who haven't declared property yet, I think there are legal provisions of the Law for Declaration of Property, where they are fined up to 500 euros for those who haven't declared their wealth, but when they come to terms of criminal acts of corruption that can be raised before the court, I think that those public officials who are sentenced to the court's strict condemnation for the criminal act of corruption, then I think they should leave the job”, she says.

Despite the challenges, Agency for Prevention of Corruption Director Yll Buleskaj says how the agency is doing its best possible.

“Agency is doing a good job, I can't say we're doing a great job because we have neither human conditions nor other technical conditions for a great job. But there is progress. If before we had a good job, we did a great job last year. There was a doubling of the Agency's performance in handling cases. We as the Agency believe that the delay in handling cases is a form of denial of the official's right to have his case addressed within a set time frame of”, Buleskaj says.

From the State Chief Prosecutor's Office, it is known that 254 substances have been accepted by the Agency for Prevention of Corruption.

Their <x0 per centifacts have been in the direction of the criminal act of not reporting or reporting false wealth, incomes, gifts, other material benefits, or financial obligations, from Article 430 of the Republic of Kosovo's Criminal Code and 42 related materials. These subjects by the State Prosecutor's Office have been prosecuted according to territorial and hurtful competence in all competent prosecutors. According to secured reports, 15 charges have been filed, and others are in progress. And in the first 3 months of 2023, 58 PPN- AKK, of them 47 criminal charges and 11 information. ”

According to the APK, in the past year courts have handled a total of 38 cases, with 37 of them making guilty decisions.