The chief prosecutor's failure: Experts say number of investigations have dropped, transparent process required

They stress that it is very important for the state to have the Chief Prosecutor as soon as possible, not a task manager.

Gzim Shala, a researcher at the Kosovo Institute for Justice (IKD), has told Online Economy that there has been considerable lack of integrity in the process in the competition for the chief state prosecutor.

According to him, at the time it has been that this process will turn to zero and that no candidate for decree is recommended to the president.

“Report of the Kosovo Institute for Justice (IKD) and other civil society organisations stressed the significant lack of integrity of the process for the selection of the new head of state, and at the time recommended that the process for the head of state be returned to zero and not be recommended as a candidate for decree to the president. Among other things was the change of regulations in certain aspects that were explained in the report. We now saw more that the Kosovo Prosecutorial Council attempts without public consultation to develop and adopt the regulation to select the chief prosecutor”.

“Well, after the IKD response, it means that it is withdrawn from the agenda and that it remains means we hope that in the future a process of public consultation on this regulation so that the same is adequate with legislation and the Constitution, and that it will be able to bring the merit candidate into the process for the chief state Co-ordinated, he said.

He stressed that the prosecutor's system needs a regularly elected chief prosecutor, but according to him, in this case it is more important that the chief prosecutor's name emerge from a process that is not disputed.

The task enforcement law recently recognises all the competencies that the State Chief Prosecutor has, that's if we can say what the legal competence of the State Chief Prosecutor's duty is. However, the Prosecutorial System still needs a regular head of state elected in a regular manner because it also considers the vision for the prosecutorial system”.

“We need to keep in mind that prior to the need to elect a properly elected chief state prosecutor is necessary for the chief prosecutor's name to emerge from a process that is not disputed, I am talking about the head of the state prosecutor, for such an important Constitutional institution, one of the basic positions in the justice system, and that, in any circumstance, the name of the chief state prosecutor does not dare come out of a process of controversial integrity”, he said.

He said that the prosecutor's failure by the president has been made because she has expected different decisions dealing with the selection process.

“actually means that the president has waited for different decisions until it was made not to issue a decision on the decree of the chief state prosecutor and perhaps it is in the president's assessment of how I will handle the matter”.

Even university professor Mazbul Baraliu has said that delays in the decreeing of the chief prosecutor by the president are being made due to expectations of decisions by complaints.

It is awaiting the decision, since it has specific parameters of some of the candidates that have co-participations, have participated in the candidate in question for the chief prosecutor to conduct those procedures. One of them is what it looks like in the Constitutional Court. It is surprising and surprising why the Constitutional Court after nearly a year has not taken time to handle that issue and allow the country's president to carry out its constitutional post”, he told EO.

He said that in the absence of the chief state prosecutor, according to estimates from abroad, the number of investigations has dropped.

According to him, the KKP and KDP decide on specific issues, which may be in their own interest or their members and specific groupings.

“I don't know their mood, but I think it's obvious that right now we have a structure of the Kosovo Prosecutorial Council (KPK), even of the Kosovo Judiciary Council ( KGK). According to surveys, external assessments that become serious which have an airtight conclusion within themselves decide on specific issues that perhaps even concern them, or their members and certain groupings in priority and nepotism. They have created, perhaps, an atmosphere that might be more called theory and practical as the atmosphere of an important corporate institution than it is a democratic atmosphere that regulates relationships between members of this important group”.

“We have fewer investigations, we have older descriptions of subjects, we have epilogues of subjects that go through prosecutors, prosecutors try to take over to the tribunal, the Court of Appeals, that Supreme Court, in a vicious circle bringing subjects and human rights, over the years of”, he said.