REACTION FROM THE OFFICE OF THE CHIEF STATE PROSECUTOR
Prishtina, April 15, 2021 - The Office of the Chief State Prosecutor reacts to the statements of the former President of the Supreme Court of Kosovo, Fejzullah Hasani, “The murder of Agonis Tetajt/Fejzullah Hasani believes that it happened due to acts of negligence, criticizes the Chief State Prosecutor and the Judiciary”, broadcasted on 13.04.2021 on “DTV” and transmitted yesterday on 14.04.2021 in the portal "Indeksonline".
To this purpose, the Chief State Prosecutor, Aleksandër Lumezi, respects the free opinion, but does not agree with the ascertainments, interpretations and discussions of the individual criminal case by the former President of the Supreme Court, Fejzullah Hasani, without having sufficient and verified data carefully.
We are acquainted that the decision of the Chief State Prosecutor to reassign this case to another prosecutor is not in line with the personal expectations of the former President of the Supreme Court, therefore he unjustifiably attacks the institution of the State Prosecutor.
Regarding the qualification and re-requalification of the criminal offense from aggravated murder to negligent murder, this qualification remains in the competence of the prosecutors of the case to decide under the provisions of the Criminal Code and other evidence collected during the investigation phase, as the case has not yet been declared closed in the main trial.
Moreover, such an ascertainment on a criminal case by the former President of the Supreme Court of Kosovo for which a court decision has not yet been issued constitutes a direct interference in the work of the Prosecution and the Court. Therefore, prosecutors and judges should be allowed to work independently and professionally, thus showing respect for the duties performed by criminal justice professionals.
It is senseless how the former President of the Supreme Court can indulge in and give opinions on whether we are dealing with aggravated murder or negligent murder in such an important and sensitive case even for the public without reading and considering case file of this case in details?!
On the other hand, if the former President of the Supreme Court seeks disciplinary responsibility for the Chief State Prosecutor for exercising legal powers in relation to the reassignment of this case to another prosecutor, should he be held ethically and morally responsible for malicious professional suggestions and in full contradiction with the facts and legal provisions in this case?
I cannot expect from the former President of the Supreme Court legal interpretations and opinions that do not comply with the Law on the State Prosecutor.
If the former President of the Supreme Court has not been informed of the provisions of the Law on the State Prosecutor, I would like to remind him that under Article 11, paragraph 2, of this Law, due to professional incapacity, negligence or conflict of interest, the Chief State Prosecutor is allowed at any time to take each case from any prosecutor and reassign it to another prosecutor for the purpose of efficient conduct of the proceedings or for other important reasons.
I want to remind him that the State Prosecutor does not make any decision based on someone’s wish and expectation, but on the basis of legal provisions only.
As in this case, as in all other cases, for as long as I am the Chief State Prosecutor, I will resolutely make decisions to serve justice and no one else.