Miftarian: The prime minister is mocking justice, should be an example, not a bad precedent

Public perception of the judicial and prosecutorial system in Kosovo is at the lowest level over the years, says Kosovo Institute for Justice Director Ehat Miftaraj. 

He considers the country needs political leaders to by their actions to convey the message of respect for justice, not harm it, as in the case of Kosovo Prime Minister Albin Kurti, who is refusing to give his testimony to the Special Prosecutor.

He emphasises that if the justice organs implemented the law and the Constitution correctly, there would be no situation in which Prime Minister “harrator” with justice.

“We know that the public perception of the judicial system and the prosecutorial system in Kosovo is at the lowest levels by years. Kosovo has had and needs political leaders who, within their competencies and responsibilities, deliver the message that the justice system requires support and seeks to respect its independence. With these behaviors, the prime minister believes he is lowering these values, is lowering these standards, now unfortunately we have a prosecutorial system, we have a judicial system that the only way to protect their independence from external acts including the government are doing through communiqués, public statements. On the other hand, we expect and the legitimate expectations are that the prosecutor, the judge, the courts, the prosecutors treat each individual, here and high positions fairly before the law like all other citizens. ”

So if the prosecutorial system, the judicial system, were to enforce the law, the constitution is fairly suspected that we would be in such situations where the prime minister somehow plays or makes fun of the justice system. Each Kosovo citizen from the prime minister from top positions would have to take only good examples, examples promoting democracy, rule of law, and by no means examples which in a way violate the constitution, violate the law or build bad precedents that undermine Kosovo's own citizenship or what we've achieved over the years”, he has said.

As for steps that the law bodies can take following Kurti's refusal to give evidence, Miftaraj has clarified that it now remains in the hands of the prosecutor and the case judge to decide on further actions.

It is now up to the prosecutors, the judge. Now in a concrete case, the judge of the case would have to send another letter, and in this letter, he would have to order the police to send witness Albin Kurti before the prosecutor to give the testimony at a certain time. It requires will, professional courage on the part of the judge, on the part of the prosecutor, to apply this obligation that determines the code. If you do not respect it then the judge may pronounce fines for every time Kurt refuses to go with 250 euros, up to the amount of 30 days in prison if the same means going before the prosecutor and does not give his testimony”, he said.

Miftaraj points out that each citizen, regardless of his position, is obliged to respond to legitimate requirements of justice bodies and that the testimony should be given at prosecutor's offices. Exceptions are made only on extraordinary occasions, such as when a witness is sick or stable.

Must be mentioned that, in principle, each citizen regardless of his position responds to the judge's legitimate demands. The interview has to be done means in the Prosecution offices in this case, only in extraordinary cases means, as exception is possible to obtain evidence outside prosecutor's offices, and if the witness, the defendant is sick, is in hospital or is disabled or in some way made it impossible or extremely difficult to go to the prosecutor. In such cases, we have also seen cases when a judge is in a hospital or other places that he cannot move or circumstances do so when he goes to get the interview there. Otherwise the principle is that the interview is conducted in the prosecutor's office, not even outside of it”, he said of Online Economics.

Kurti, on Tuesday, again refused to appear before the Special Prosecutor, who had called him a witness in a alleged case of corruption related to state reserves.

Kurti, who had been called for the first time in December and refused, has said his testimony could be taken in his office.

The prime minister has said he considers the prosecutor's request politically motivated.

His freedom to fight the government, not crime and corruption is being used and abused. I've always been willing to testify,” Kurt told reporters.