“State Rezero” How much longer can Kurt ignore Special Prosecutor?

Last month, the Special Prosecution invited Kosovo Prime Minister Albin Kurti to appear in the witness's quality in an open case over allegations of misuse of state reserves.

But, the prosecution's two invitations, the head of the Kosovo executive, responded with one request: prosecutors go and interview him in his office, the prime minister.

Neither the Special Prosecutor nor the Government of Kosovo have answered Radio Free Europe questions if the parties have agreed to a date for the prime minister's testimony.

Although more than a month has passed since the first invitation, law court connoisseurs say there is no set time limit as far as the Prosecution can expect Prime Minister Kurti to testify.

Viona Bunjak, legal researcher in the FOL Movement, tells Radio Free Europe that, despite not having a legal deadline, Kurti must give his testimony as soon as possible.

“in the principles of the [Por Penal Procedure] Code, is embedded in the principle of the economy of the procedure, meaning that it must happen as soon as possible, and at the same time the prosecution is linked to the investigation deadline, which is two years. But in this case, this should be done as early as”, she says.

Meanwhile, Ehat Miftaraj, director of the Kosovo Institute for Justice, says in any case the prosecution should maintain the integrity of investigations and act on the basis of the law, and to the witness take measures, which are provided with the Criminal Procedure Code.

According to him, “if prosecutors don't have professional courage”, then not only the prime minister, but ordinary citizens “can mock and disrespect the prosecutor's authority”.

How long this whole situation can last depends on when the Prosecutor's decision to initiate the investigation, and then the legal deadline is affected when the prosecutor should make a decision to reject criminal outcry or establish any charges, Miftaraj explains.

“Anyway, the prosecutor, under no circumstances, should allow the witness to make instructions in managing the criminal procedure, but should take procedural action to whiteen the truth about the case at work”, he says.

What does the law say about not presenting witnesses?

The Criminal Procedure Code says that a judge, under official duty or at the request of the State Prosecutor, could force a witness to appear. If he does not appear in the prosecution, the judge condemns him with a fine of 250 euros, whenever he refuses. But if there is refusal even after the proclamation of fines, he can be imprisoned, but no more than a month.

On December 16, 2024 Kurt did not go to the Special Prosecutor, who said he was on a trip abroad.

Government spokesman Progress Kryeziu told REL that Kurti “has expressed readiness to welcome the occasional prosecutors to his office in one day and hours agreed on by both sides to meet the request issued by the Prosecutor's Office”.

Four days later it became known that Kurt has received a new invitation.

Executive clash with judiciary

The case of Kurt's invitation has crashed Government with the Prosecutor.

Justice Minister Albulen Haxhiu said she agreed with the prime minister that all this was allegedly planned by State Prosecutor Blerim Isufaj, to make news “in local and international media, that Kurti has been invited to a corrupt relationship”.

Haxhiu said that in the past, senior government officials have been interviewed in government environments without mentioning names. But, Isufaj said that, in the five years he has been in office, this has not happened.

Office interview, illegal “”

Kurti's request to be interviewed in the office, according to Viona Bunjak, is wrong and it is not the sound <x0 mactical”, as it should be intended to build a rule of law system, on well-being practices, and not by doing illegal”.

The refusal by any state official to appear in the Prosecutor, according to her, is a dangerous practice, which in the <x0th> one way or another violates judicial security” and creates “precident of a revolt against the following institution”.

Even Ehat Miftaraj agrees that, if it becomes an exception for Kurt to give the testimony in his office, it would be contrary to the Code of Criminal Procedure and against cases “when the witness or defendant may be questioned in locations outside the prosecution's offices”.

State Stocks Case

In 2023, three people were arrested in case of state reserves. Among them were employees of the Ministry of Industry, Intervention and Trade (MINT), led by Rosetta Hajdari, who, while presenting evidence to the Special Prosecution, has chosen to be quietly protected.

In this ministry, in 2023, raids were conducted after publishing audio-incisions from the National Portal, where it claimed that a quantity of oil, purchased in Poland, and a quantity of wheat, purchased in Turkey, had never arrived.

The government has said the payments to state reserves were made in accordance with the law.