8 hours agoMiftarian: Kurt can't evade justice. Court can force him to testify to the prosecution.
Periskopi(a year ago)
(a year ago)The Special Prosecutor has asked the Constitutional Court to force Prime Minister Albin Kurti to testify on the case of state reserves, as he has rejected the prosecution's calls three times. For this, lawyer Ehat Miftaraj of the Kosovo Institute for Justice estimates Kurti must respond to the invitation and give his testimony to him [...]
For this, lawyer Ehat Miftaraj from the Kosovo Institute for Justice estimates Kurti must respond to the invitation and give his testimony not to prevent the investigation.
“In a state like Kosovo, where key actors who have received mandates from citizens violate rule of law, show how little expertise these officials have for the state and independent institutions”, he said in RTV Duguagjini.
Miftaraj has stressed that the Criminal Procedure Code envisions measures against witnesses who refuse to appear, including fines and up to 30 days in prison, depending on the circumstances of the case.
The cod of the criminal procedure has predicted that when witnesses do not accept or hesitate or avoid the state prosecutor to testify, for information pertaining to a criminal case, it is presumption that the state prosecutor is imposing fines or even measures that could affect the person who does not respond to a 30 days in prison, depending on the need or what is required of the witness. So the state prosecutor is in his right, is implementing the obligations he has legally given to the criminal procedure code. This should not even come into expression in a normal and legal state”, Miftaraj has declared.
Meanwhile, lawyer Mahmut Halimi has stated that legal provisions create uncertainty about whether the prosecution could force Kurti to testify in her offices or if he can give evidence outside these areas.
“Codi clears that every person called as a witness is forced to appear, but Article 229 predicts the possibility of witnessing outside the court, leaving a legal vacuum for the prosecution,” has declared Halimi.
He has added that the interpretation of laws cannot be done by analogy and that only the Kosovo Parliament can make changes or legal complements to clarify these issues.
This is not the first case and, according to him, will not be the last to which the dilemma of calling and forcing witnesses in criminal cases arises.
