Speech of Chief State Prosecutor, Aleksandër Lumezi, delivered in the Press Conference in which he has presented the Performance Report of State Prosecutor for 2016
Prishtina, 20th of April 2017
Distinguished Ladies and Gentlemen,
Distinguished Media Representatives,
I have the honour and pleasure to, together with Heads of Prosecutions, present the Annual Performance Report of State Prosecutor for year 2016.
At the beginning, I am using the opportunity to thank Chief Prosecutors, as well as Prosecutors serving to accusatory body, for the demonstrated performance results during 2016. This report indicates that every Prosecutor during this year has exceeded the foreseen orientation norm, which is a proof for effective work and good performance results.
In the time period we have left behind, State Prosecutors have demonstrated increase of performance effectiveness, there were solved thousands of crime files that had on focus criminal offenses of corruption, organized crime, terrorism, war crimes, as well as many other criminal offenses. We have also dedicated a special attention to fulfilment of the criteria necessary for visa liberalization.
In 2016, Prosecutors have solved in total 63.055 cases of different types.
If we make the comparison with 2015, as far as different cases are concerned, then there results that in 2016 we had a significant increase of solved cases, namely during this year we have solved 20.782 more cases of different types than in the previous years.
Based on those statistical data there is obvious that the work done in the past year was sufficient, however, it doesn`t imply that there was done enough.
I appraise performance results of State Prosecutors during 2016, yet, I would like to emphasize that during this year I expect from all Prosecutors good work results and, better professional demonstration in investigation and representation of accusations before the Courts.
Regardless the huge work that has been done during the last year, before accusatory body remain many challenges and difficulties which we shall solve together, in order to strengthen Rule of Law and, restore trust of citizens in Institutions of Justice.
There is worth of emphasizing that during the last year we have demonstrated that we are credible partner of international factor. This is proven by the fact that in 2016, State Prosecutor has been accepted and obtained the membership in the International Association of Prosecutors with residence in Netherland, which shall enable to Prosecutors of our country exchange of information, experiences and best practices on international level.
State Prosecutor has demonstrated it is dedicated for a reliable, a just, an independent and professional system of justice, so no factor shall escape from criminal liability, and on the other hand, we have assured citizens that no one will be held unfairly criminally liable.
We have also demonstrated that we are mindful in protection of Human Rights and rights guaranteed by Constitution of Kosova and International Conventions.
In this regard, during the last year we had cooperation with Kosovo Police and KPA, and for the first time after 15 years, through penal procedures we have achieved to remove usurpers from usurped properties, who until then were untouchable. Subsequently, as a result of the work done by State Prosecutor was achieved vacation of almost all usurped premises, and the respective was a coordinated action which has resulted with vacation of many business premises and other premises, and in regard to those cases until now have been filed 8 indictments.
During this reporting period Victims` Advocacy and Assistance Office (VAAO) has also provided services for Victims of Crime; the named Office had in total 1355 cases, out of which prevalent were cases of Domestic Violence and Human Trafficking.
In the past year we also have launched the functioning of the War Crimes Department, functioning within SPRK. There also took place transfer of many cases from EULEX to local Prosecutors.
There is worth of emphasizing the fact that following the amending and supplementing of the Laws related to the mandate of the European Union Rule of Law Mission in Kosova, issued on 17th of June 2016, State Prosecutor did not transfer any case to EULEX Prosecutors.
During the reporting period, State Prosecutor has received 9 cases, whereas there were solved 33 cases; against 47 persons charged for war crimes investigations were terminated; against 17 persons was dismissed criminal report; against 5 persons were filed indictments and hearing sessions have started to be in place.
State Prosecutor during the last year has demonstrated that it is a credible partner for the regional and international cooperation in the fight against terrorism. In good cooperation with Kosovo Police, KIA and international partners, we have achieved to undertake actions on identification of criminal groups and prevention of terrorist acts. In this regard we have increased cooperation with neighbouring countries, as well as other States.
Thus, in the respective time period, State Prosecutor has received 37 cases of different types, whereas it has solved 28 cases against 66 persons. All other cases are at the investigation stage.
We all are witnesses of a creation of a general mistrust climate towards the justice system due to low effectiveness in the fight against corruption, yet, despite this judging, State Prosecutor has achieved concrete results. We have proven that we are decisive in investigating all incidents, all cases that are made public, the ones mentioned in the media, and which became concern for the public due to having Public Officers mentioned in the respective. Those cases were subject of analysis and investigations by State Prosecutor in the year we left behind.
In this regard we have investigated and filed indictments for the first time, against:
3- Ministers in Office,
1-Former-Minister,
1- Members of Parliament,
4-Mayors,
1-Deputy Mayor,
2-Former Mayors,
1- President of Court,
1- Former Judge,
1- Prosecutor,
2- Police Officers,
3- Permanent Secretaries,
2- Former Permanent Secretaries,
54-Doctors,
…as well as members and Heads of different Boards of different Enterprises, Heads of Public Enterprises, Procurement Managers and Officers, Officers of Correctional Service, Municipal Directors, Court Officers, Advisors in Municipal Assemblies, Lawyers, Notary Officers, Inspectors and Chief Inspectors, Economic Operators, as well as many other Public Officers.
Only during 2016 we have solved 468 criminal reports against 1164 persons charged for criminal offenses of corruption, whereas in 2016 we have received 438 criminal reports against 849 persons. We have also solved and 407 criminal reports against 512 persons charged for criminal offenses of Economic Crimes, whereas received in 2016 were 343 criminal reports against 487 persons.
The afore given data regarding the effectiveness in solving cases of corruption and economic crimes committed by adult committers registered as (PP) criminal offenses expressed in terms of percentage are as follows:
- Prosecutions have solved 106.84% of the number of criminal offenses of Corruption whereas, 137.10% cases of persons; whereas, we have solved 118.65% of the number of criminal reports related to criminal offenses of Economic Crimes.
As far as treatment of organized crime and high profile corruption cases are concerned, we have established the joint team with representatives of Kosovo Police, Customs Service, Tax Administration, Financial Intelligence and Agency for Management of Sequestrated and Confiscates Assets, regarding the selection of targeting serious crimes. The named joint team was chaired by Chief Prosecutor of SPRK. State Prosecutor has developed a data base in which are incorporated data regarding 35 cases of high profile, and for 26 cases indictments have already been filed; other cases are at the investigation stage.
2016 was the year with the best marked results for SPRK, since its establishment. This Prosecution during the year we are leaving behind has received at work 108 criminal cases, whereas it has also solved other cases received from previous years.
During 2016, Basic Prosecutions have received at work 27.084 criminal reports against identified adult and minor offenders, whereas they have solved 30.680 cases, which implies they have completed 3.596 more cases than received.
If we compare those data with 2015, then there results that in 2016 we have completed 14,19% more criminal reports than in 2015.
During last year we have received 10.859 criminal reports of unidentified committers, whereas we have completed 17.807 cases, which implies that in this year we have completed 6.948 more cases than received.
From statistical data of 2016 results that all Basic Prosecutions have completed more cases than received at work, namely Serious Crimes Prosecution Departments of Basic Prosecutions have received at work in total 2.611 criminal reports, whereas they have solved 3.453 cases, which implies that Serious Crimes Prosecution Departments have completed 842 more cases.
In 2016, General Departments have received at work 24.379 criminal reports, whereas have solved 26.678, implying there were solved 2.299 more cases.
Appellate Prosecution in 2016, in both Departments, had at work in total 5.281 criminal cases, and it has solved all cases received at work, or in terms of percentage 100% of cases.
Office of Chief State Prosecutor during the reporting year has received at work in total 1.140 criminal cases, out of which it has solved 1.154, or in terms of percentage 101,2% of them, thus, resulting that Stated Prosecutor even at this instance has marked obvious results.
There is worth of emphasizing that during 2016, regarding accusatory instruments submitted to Courts in terms of percentage regarding 86,41% of cases were brought Judgments upon which defendants were declared Guilty, and this is a good indicator for the professional performance of State Prosecutors, since Courts are the only institution that evaluates work of State Prosecutors through Judicial Rulings.
State Prosecutor has achieved successes in the area of sequestration of unlawfully acquired assets. In this regard was marked a progress. Statistical data indicate that this year we have approximately 60 million of sequestrated assets and more than 1 million and 200.000 euros of confiscated assets. Through those sequestrations and confiscation we did not only prevented crime from becoming fruitful, but we have also taken away their economic power, and in this way we have made them less dangerous and irrelevant.
During the reporting period, for the purposes of facilitating work of Courts and to enable to Prosecutors to have sufficient time for investigating most serious cases, State Prosecutors have solved and 6.192 cases through alternative procedures.
In November of 2016, State Prosecutor for the first time has set in function the Interception Liaison Office functioning within the Office of Chief State Prosecutor, and for a short time period we have started to achieve concrete results in providing evidences regarding the most serious cases.
There were assigned Officers to work in the Interception Liaison Unit, and there was signed the Memorandum of Understanding with Kosovo Police and KIA for implementation of Orders for telephones` interception.
With all positive results, State Prosecutor has faced with many obstacles, difficulties and challenges related to amendment of legal framework, insufficient budget, filling of vacant positions for Prosecutors, number of inherited cases from previous years, low number of Legal Associates and lack of experts, lack of Spokespersons, as well as treatment of cases via alternative procedures.
From all State Prosecutors and supporting staff, I expect this year and in the future, to serve with dedication to our citizens any time they knock on the doors of Prosecutions.
I also expect to increase level of communication with citizens, media and civil society, because they are the best judges and measures of our work, independence and integrity.
I use the opportunity to invite all the ones damaged from crime, and all of those wishing to assist justice, to become important part of our work, so we can do our best in detection and punishment of crime.
Those were the data provided generally, whereas the detailed statistical data can be found in the Performance Report which may be obtained following the closure of the Conference.
General Performance Report of State Prosecutor for all levels
Total number of criminal reports/cases
In general, in 2016 in the institution of State Prosecutor, in all levels were received and registered 55,341 criminal reports and cases. From this number, State Prosecutor has achieved to solve and proceed 63,055 cases, or when expressed in terms of percentage 113.94 %.
If the respective is compared to 2015 where from the total number of criminal reports and cases, respectively from 56,216 cases were solved 42,273 cases or 75.2 %, there results that in 2016 was in place significant increase of the number of solved cases for 49 %, respectively 20,782 more than in the previous year.
Criminal reports of adult committers (PP)
In 2016 in the Institution of State Prosecutor were generally received 24,379 criminal reports/cases of adult committers (PP Registry), out of which were solved or proceeded to competent authorities 28,465 cases, which implies that State Prosecutor has achieved to solve 112.83%. of cases of adult committers.
If the respective is compared to 2015 where from the total number of (PP) criminal cases from 25,412 were solved 25,183 or 99.1 %, there results that State Prosecutor has solved 13 % more cases than in the previous year– 2015, or 3,282 more cases were solved in 2016.
Number of criminal reports of adult committers (PP) received at work during 2016, compared to 2015, shows a decreasing for 185 criminal reports or in terms of percentage 0, 73 %.
Criminal reports of juvenile committers (PPM)
In 2016, in the institution of State Prosecutor in the general level were received 1,857 criminal reports of juveniles, out of which were solved or proceeded to competent authorities 2,215 or 119 %.
Compared to one year before, where from total number 1,795 were solved 1,689 or 94 %, there results that in 2016 there is an increase for the category of criminal reports against juveniles for 31 % or 526 more cases.
Number of criminal reports of juvenile offenders (PPM) received at work during 2016, compared to the same period of 2015, shows an increase for 62 criminal reports or 3, 2 %.
Criminal reports of unidentified committers (PPP)
In 2016 from 10,859 criminal reports of unidentified offenders registered as (PPP) criminal offenses, that were received at work, were solved 17,807 or in terms of percentage 164%.
Different criminal cases (PPN)
During the reporting period, from 10,652 different criminal cases (PPN) received at work, Prosecutions have solved 7,978 cases, meaning in terms of percentage 74.8 % of different criminal cases.
International Legal Assistance Cases (NJN)
In 2016 from 325 International Legal Assistance Cases received at work, were solved 155 or 47.7 %.
Office of Chief State Prosecutor
Office of Chief State Prosecutor has received at work in total 1,140 criminal cases, and from this number it has solved 1,154 or 101.2 %, which indicates that there is an increase in this regard as well for State Prosecutor.
Appellate Prosecution
In 2016, Appellate Prosecution had at work in total 5,281 criminal cases, and it has solved all cases at work, respectively in terms of percentage all 100 % of cases.
Special Prosecution of the Republic of Kosova
In 2016, Special Prosecution of the Republic of Kosova has received 108 criminal cases, out of which it has solved 207 cases, or in terms of percentage 191.6 % of them, which implies that it has solved and cases inherited from previous years.
If we make the comparison with 2015 in which were received 119 cases and were solved 149 cases or in terms of percentage 125 % of them, there results that the number of solved cases by SPRK has doubled, or in terms of percentage it is higher for 39% more than in the previous year.
Basic Prosecutions
In 2016, Basic Prosecutions have received 28,890 criminal cases, out of which they have solved 32,373 cases or in terms of percentage 112 % of them, which implies that it has solved cases inherited from previous years as well.
If we compare the respective with 2015 in which were received 28,975 cases and were solved 27,780 cases,m or in terms of percentage 95.5 %, there results that there were solved 16.5 % more cases than in the previous year.
Basic Prosecution, Prishtina
Basic Prosecution in Prishtina, in all three Departments has received 9,417 criminal reports and cases. Out of this number, State Prosecutor has achieved to solve and proceed 12,933 cases, or in terms of percentage 137.33 %.
- SCPD has received 743 criminal reports and has solved 1,371
- DM has received 579 criminal reports and has solved 820
- GD has received 8095 criminal reports and has solved 10,742
Total 12,933
Basic Prosecution, Prizren
Basic Prosecution in Prizren, in all three Departments has received 4,529 criminal reports and cases. Out of this number, State Prosecutor has achieved to solve and proceed 5,163 cases, or in terms of percentage 114%.
- SCPD has received 401 criminal reports and has solved 400
- DM has received 280 criminal reports and has solved 287
- GD has received 3,848 criminal reports and has solved 4,476
Total 5163
Basic Prosecution, Peja
Basic Prosecution in Peja, in all three Departments has received 3,034 criminal reports and cases. Out of this number, State Prosecutor has achieved to solve and proceed 3,986 cases, or in terms of percentage 109 %.
- SCPD has received 418 criminal reports and has solved 433
- DM has received 203 criminal reports and has solved 330
- GD has received 3,034 criminal reports and has solved 3,223
Total 3986
Basic Prosecution, Gjilan
Basic Prosecution in Gjilan, in all three Departments has received 3,103 criminal reports and cases. Out of this number, State Prosecutor has achieved to solve and proceed 3,226 cases, or in terms of percentage 104%.
- SCPD has received 364 criminal reports and has solved 359
- DM has received 247 criminal reports and has solved 245
- GD has received 2,492 criminal reports and has solved 2,622
Total 3226
Basic Prosecution, Mitrovica
Basic Prosecution in Mitrovica, in all three Departments has received 2,521 criminal reports and cases. Out of this number, State Prosecutor has achieved to solve and proceed 2,246 cases, or in terms of percentage 89 %.
- SCPD has received 245 criminal reports and has solved 424
- DM has received 183 criminal reports and has solved 226
- GD has received 2,093 criminal reports and has solved 1,596
Total 2246
Basic Prosecution, Gjakova
Basic Prosecution in Gjakova, in all three Departments has received 2,338 criminal reports and cases. Out of this number, State Prosecutor has achieved to solve and proceed 2,374 cases, or in terms of percentage 101.5%.
- SCPD has received 224 criminal reports and has solved 222
- DM has received 107 criminal reports and has solved 107
- GD has received 2,007 criminal reports and has solved 2,045
Total 2,374
Basic Prosecution, Ferizaj
Basic Prosecution in Ferizaj, in all three Departments has received 3,325 criminal reports and cases. Out of this number, State Prosecutor has achieved to solve and proceed 2,445 cases, or in terms of percentage 73.53%.
- SCPD has received 214 criminal reports and has solved 244
- DM has received 303 criminal reports and has solved 227
- GD has received 2,808 criminal reports and has solved 1,974
Total 2,445
Court Rulings regarding accusatory instruments employed by Basic Prosecutions/SCPDs
|
Court Rulings regarding accusatory instruments employed by Prosecutors of BPs and SPRK |
|||
|
Persons |
Judgment upon which were found Guilty |
% of Judgments upon which were found Guilty |
|
|
SPRK |
129 |
110 |
92.44% |
|
SCPD |
2,596 |
2,147 |
82.70% |
|
DM |
878 |
698 |
79.50% |
|
GD |
19,413 |
16,932 |
87.22% |
|
Total |
23,016 |
19,887 |
86.41% |
Prosecutors` Performance Evaluation
In 2016, Prosecutor`s Performance Evaluation Committee of the Council has conducted performance evaluation of 22 Prosecutors on permanent mandate. Chief Prosecutors of Basic Prosecutions, SPRK and Appellate Prosecution, were also subjected to the evaluation. The average grade of performance evaluation of 22 Prosecutors results to be 3.66.
Whereas, during this quarter time period of 2017, Prosecutors` Evaluation Committee of the Council has also evaluated 3 Prosecutors in managerial positions.
Professional Upgrading
During the reporting period, State Prosecutors have attended different trainings regarding their professional upgrading, roundtables and study visits, as well. Those activities have included trainings from the Criminal Law, Criminal Procedural Law, Penal Material Law and, inter-personal competencies upgrading as well.
Alongside participation in trainings, State Prosecutors were also engaged in the capacity of trainers covering topics of professional character.
Cooperation with Law Enforcement Authorities
Cooperation with Law Enforcement Authorities is an important priority for State Prosecutor. First of all, there is worth of emphasizing excellent cooperation with Kosovo Police, Kosovo Intelligence Agency, Kosovo Chamber of Advocates, Customs, Kosovo Tax Administration, etc.
We also may report with satisfaction regarding the excellent cooperation with international partners whose mission is Rule of Law and Order.
Challenges and Difficulties
- Alongside positive results that have accompanied our Institution, of course 2016 was accompanied with difficulties and challenges. The respective are provided as follows:
- Amendments of Legal Framework on State Prosecutor;
- Insufficient Budget for State Prosecutor;
- Filling of vacant positions for Prosecutors;
- Integration process of Prosecutors and supporting staff for meeting the objectives provided by Brussels Justice Agreement;
- Implementation of the new system of Cases Assignment;
- Number of inherited cases from previous years;
- Low number of Legal Associates, Legal Officers and Experts;
- Lack of Spokespersons, due to insufficient budget;
- Legal Amendments for confiscation of Unlawfully Acquired Assets;
- Treatment of cases through implementation of alternative procedures.
Objectives for 2017
- Increase of cooperation with Ministry of Justice for supplementing legal framework;
- Increase of effectiveness in detection, investigation and successful prosecution of criminal offenses of organized crime, economic crimes, high profile corruption, human trafficking, terrorism and war crimes;
- Increasing number of solved cases through implementation of alternative procedures;
- Reduction of backlog of cases from previous years in State Prosecutor;
- Sequestration and Confiscation of Unlawfully Acquired Assets;
- Further increase of Communication with the Public and Media;
- Strengthening local and international cooperation.
