IKD: Justice Failed to Fight Corruption

While in the courts, the number of unresolved subjects has marked increases, with eight.

Gezim Shala, senior researcher at the IKD, said that during the past year the State Prosecutor has resolved the courses of 826 people until he has accepted subjects for 1140 people, causing the number of unresolved corruption substances to rise.

Shala said that during 2022, the State Prosecutor has charged 98 people with various criminal acts by the chapter of corruption deeds. Mostly the indictment has established the Special Prosecutor of the Republic of Kosovo (25) and later the Pristina Constitutional Prosecutor (19). The lowest number of people charged with corruption, however, belongs to Ferizaj's Founding Prosecutor (3).

Of the 98 people charged with corruption, however, only 8 of them are high profiles. And by that number only one is being charged during the time he was an official.

“over 2022 cannot say that the State Prosecutor's fight in the direction of corruption has been focused on high corruption profile. On this line if we see from these eight people who have been charged with corruption as high profilers, only one of them has been charged during the time of being officials, while another 7 when the same has completed their post for what they are accused of. This leaves a taste to the public that the State Attorney is accusing only high profile persons at a time when they are just losing their power not during the same time as the same are exercising their official positions, which they are charged with”, Shala said.

As for the alleged damage through the criminal acts of corruption for which the prosecution has filed charges, The IKD says it dominates the value of damage between 10,000 and 50,000 euros. The case of the highest damage claimed by the prosecution is the indictment in the “53 million case against former Prime Minister Paul Lekaj and 3 other indictees.

By halting the prosecution's evidence, Shala stated that out of the 20 charges that have examined selected on the basis of the case method, they have found that in neither of them the State Prosecutor has applied secret measures in the case of the investigation developments.

Shala said the State Procuro is making administrative investigation into corruption cases rather than a criminal investigation.

If we analyze the evidence, The IKD has found that none of these allegations have applied secret investigation measures. If we look at the evidence generally, there are statements of the parties, contracts, police reports, witnesses, and others, and if on the basis of these evidence we see the nature of the investigation, then it turns out that the Council of State is making more administrative investigation into corruption cases than a criminal investigation and that unfortunately in many cases this is reflected even in the court after the State Prosecutor has filed a considerable number of charges until those acts in court are ending in impeaching or act of literature due to lack of evidence and for that. The IKD strongly recommends that, in line with recommendations of the United Nations Convention on Corruption, there be another State Prosecutor's orientation in how it fights corruption in the sense of the evidence it collects in the sense that these charges will be tried in court”, Shala said.

IKD researcher Greme Makshana said it has been noted regress on the efficiency of tackling cases of corruption. According to him, courts in the first instance failed to choose as many subjects as they agreed to, and therefore the number of unresolved corruption subjects has undergone increases.

He said that early in 2022 the courts had 275 corruption substances in operation. Despite the goal of reducing this number, at the end of 2022, that number increased for eight subjects, while the number of accused persons rose for 11 persons.

Another concern Maxhana highlighted was that of the age of active subjects in the judiciary. According to him, classifying corruption subject as an absolute priority is not reflected in practice.

“The IKD during the monitoring has found corruption cases for which the indictment has been established since 14 years ago. So, there are charges that have been filed since 2009. There are about nine corruption cases whose charges have been filed between 2009 and 2015 that indicate not efficiency but also neglect to address corruption cases knowing that even now in 2023 these substances have not yet received a final epilogue”, he said.

Makshana claimed that efficiency in treatment of the solved has also suffered in the Court of Appeals, since by the beginning of 2022, it was different. where Appeals had 8 outstanding substances at the end of the year this number was raised to 19 subjects.

As for penal policy in corruption cases, in most cases the sentences pronounced are fined. According to the IKD, this punishment policy, with mild or low penalties, carries a negative message to citizens.

“Mby 60% of cases of sentences have been fined sentences. The punishments of corruption and these mild sentences have been subject to both the treatment and international reports, the UN report and the Progress Report that fighting corruption is being made with soft penalties”, Makshana said respectively.

In the end, Makshala also declined to apply compensation sentences to criminal acts of corruption, even though under legislation their application is mandatory and unconventional.