There is no legal obstacle to interview Kurt for Diona Mihali and Mimoza Kusari”

Lawyers consider there is no legal obstacle in the procedural respect that Kosovo Prime Minister Albin Kurti is interviewed by Special Prosecutor (PSRK) for the latest cases of surveillance of Committee co-ordinators in Vetevendosje Movement, Dejona Mihali, and Parliamentary Group chief Mimoza Kusari-Lila.

The lawyer, Ardian Bajraktari for Online Economics, has said that any state official as long as he did not enter the category of privileged witnesses could be invited as a witness.

“Prime Minister and any other state official as long as they did not enter the category of privileged witnesses, according to Article 123 of the Criminal Procedure Code, could be invited as witnesses. There have even been cases in practice where senior heads of state have been invited and given their testimony as witnesses in court processes”.

While in other capacities, as well, in the fact that the issue of immunity, this case has been clarified by the Constitutional Court with Actience in Case No. K098/11 in terms of immunity from MPs in the Republic of Kosovo, president of the Republic of Kosovo, and members of the Government of the Republic of Kosovo. According to this Act, members of the government enjoy functional immunity, the actions and decisions they make, both as members of the government and by acting as ministers/e, as envisioned by 97 of the Constitution”, Bajraktari has said.

On the other hand, he added that if members of the Kosovo government are accused of criminal acts, they do not distinguish from other citizens and could be invited for an interview.

“K098/11, among other things, envisions that if members of the government are charged with criminal acts, they do not differ from other citizens of the Republic of Kosovo. As for the matter of time, it is the constitutional and legal responsibility of the state prosecutor to act on the basis of evidence and evidence on every occasion. There are also the legal organs of justice that can whitewash each case through their legitimate decisions and actions, including the role and responsibility”.

Even attorney Arber Yashar for EO, has claimed that the Special Prosecutor can call anyone he considers relevant to the case, including Kurt.

I can call anyone she considers relevant to the case, or I can call anyone with information that might be relevant to the case and help the case. If the Special Prosecutor during the investigation of this case finds that the prime minister, regardless of his position or function, has information that may be useful and important for clarifying or investigating this case, which is being taken”.

Then I can call the prime minister, and there's nothing wrong with that, because for the Special Prosecutor, neither the position of a person nor his social status nor his calling. It's important that he has information to be among people who are not witnesses who may not respond to”, Jashar stated.

But, according to Jashar, statements so far are at the level of assumptions and do not directly connect the prime minister to the issue.

The important thing is to have information and help clear the case. But I think that the prime minister so far from what has been seen is only at the level of assumptions because there is nothing that directly connects the prime minister to this issue, there is nothing written or any communication of the prime minister to other people. Whether through communication platforms or official paperwork or through other forms that would force or make the prime minister aware. Of course, under Kosovo's penal code, criminal acts are legally defined and considered to be a criminal offense if all features of this criminal act are consumed and in those in a common way, in this respect I think that Kosovo's prime minister has his duties and responsibilities and functions on the basis of his duties which he assigns to the Constitution and the law, and I don't think that at least if someone who has committed any offense should prove and see what criminal work he added.

He stresses that if the Special Prosecutor estimates Kurt is helping to clear the case, there is no legal obstacle to cool off, EO reports.

There are no legal obstacles in the procedure for the prime minister to cool off, and if it is invited only as one person who has information concerning whiteening the case. That's what the Special Attorney is considering. One important thing is that every citizen of Kosovo, in whatever function it has at the moment it realizes that a criminal offense is being committed or there are suspicions that something is not right, then it is up to him to report to competent bodies”, he stressed.