KDI: Kurt's refusal to testify violates rule of law

The Kosovo Democratic Institute (KDI) has expressed concern over Kosovo Prime Minister Albin Kurti's refusal to testify in the special prosecutor's environments, in the case known as the “State Reserve”. The move challenges and undermines the fundamental principle of rule of law and equality before the law, two key pillars of democratic order.
According to KDI, the prime minister's refusal to respond to a formal invitation to justice bodies, according to the previous legal procedure, fosters the wrong impression that the principle of legal equality is not valid for high officials who on this practice can avoid the rules that apply to other citizens.

The prime minister's “Insisting to dictate the terms of witnessing, insisting that the interview be conducted in his office rather than in prosecutorial environments creates a dangerous precedent and conflicts with the legal provisions in force. Law rule means that no one, regardless of position or office, enjoys special treatment in the face of justice institutions. If the head of the government can avoid Prosecution calls or decide for himself where to give a witness, then other public officials or ordinary citizens will be sufficiently created to legitimise this practice”, the KDI response is said.

According to them, in a literal democracy that applies the principle of balance and controls between powers, institutional leaders have the responsibility to set the best example in upholding the law.

The prime minister's “Role is not to question or negotiate the implementation of legal procedures, but to show that no one even he is above the law. Refusing to appear in the Prosecutor at the official request, the prime minister conflicts with citizens' expectations of accountability and transparency. Moreover, now that the election process -- in terms of voting -- has only ended, giving testimony on the part of the prime minister produces no electoral effect against him or the subject he represents. Therefore, we call on Prime Minister Kurti to present unconditionally in respect of the principle of rule of law and co-operation with justice bodies to be presented to the Special Prosecutor to give the required testimony. Only by acting this way can it strengthen public confidence in state institutions and prove that, in a true legal state, no one is above the” law, KDI's response says among other things.