Prosecutors` Annual Conference
Your Excellency, President of the Republic of Kosova, Ms. Jahjaga,
Your Excellency, Ambassador Delawie,
Your Excellencies Mr. Žbogar, Mr. Shlumberger, Mr. Kuçi, Mr. Peci, Mr. Claudio, Mr. Peter
Esteemed Ambassadors, Colleagues and participants,
At the outset, I am using the opportunity to greet State Prosecutors, KPC members and employees serving in the prosecutorial system.
It is a particular pleasure to be here, together, in the Prosecutors` Annual Conference, in this significant meeting of the accusatory institution, in which we are all gathered to, among others elect new KPC members, of this important institution that shall constantly function as long as the accusatory institution will function.
The fact that this State Prosecutors` Conference held today is being supported and financially assisted by US Department of Justice, gives us the right to believe that our cooperation in the future shall give concrete results in the building of the legal state.
Today, in the occasion of this Conference, for the first time I am addressing a speech in the capacity of Chief State Prosecutor, and I see this as an opportunity to get to know each other better and to set the future objectives. There are 12 months until the next Conference will take place, indeed, it is a short time, but at the same time it is sufficient to make certain moves and to also review the work results we have achieved in order to be able to obtain the answer in the question: Have we accomplished objectives?
I am telling you, the challenges in front of us are real, they are serious and numerous, we cannot overcome them easily nor within a short period of time, but we have to believe that we will make it, because we have chosen change as a function form, by changing the core and strengthening the awareness of every Prosecutor for his/her role in the society. What is required from us is a new era of responsibility, because we have plenty of duties in front of us, from our country and from international partners.
Therefore, we shall carry on working together, we shall demonstrate to each other persistence and good-will for establishment of a fair system, which we owe to our children, without forgetting at no moment that it is freedom, and not the absence of the latter, the right path on protection of Human Rights and we shall put it on the equal level with the right of the state on conducting investigations and prosecution.
You have a duty, which has to be empowered day after day. You shall be aware that we cannot have anymore an ineffective, unprofessional, politicized, influenced Prosecution, which has not completed anything, in which everything is in the process; the symptoms of those are distinguishably visible and often very concerning for us, and citizens and public as well.
I request from all of you, State Prosecutors, maximal engagement in the fight against organized corruption and terrorism. We are aware that the challenges Kosova has in the fight against these phenomena are challenges that will accompany us during the entire European Union membership process, and role of the Prosecution in increasing the effectiveness in the fight against the respective is decisive.
During the investigation of corruption cases, Prosecutors have to be more effective, to not go after the post-factum or post-mortum cases, when people have passed away. We have to be cautious and dedicated in inquiry and estimation of the criminal reports, by verifying in details all data in the criminal reports, and afterwards the drafting of the indictments shall be based on evidences and I request from all of you as dignified representation of the indictments in the judicial processes, and a more active role in the inquiry of cases before the Court.
I am aware that the main burden for fighting most aggravated crimes is on SPRK, but I have hopes in this Prosecution. This hope is being based on the indictments filed against corruption, organized crime and terrorism, during the last months, but I expect more from you, because you with achieving good results can restore the citizens` trust and you can ensure them that we want a state in which a crime is punished and the work rewarded.
By wanting to guarantee you my full support and to encourage all of you for a further mobilization in your work, I invite you to reflect regarding those parameters that measure the significance of your contribution and which lead in increasing the effectiveness, especially in the fight against corruption, an evil which is endangering the safety and justice. We have the opportunity to be heroes of this country, and by this I am not referring only to the heavy burden of the responsibility you have, but also to the readiness and professional courage you have to conduct investigations, and to bring the proper decisions as a sign of strong consciousness.
You have to assure citizens that the investigations will be conducted objectively, in a full and comprehensive manner, in order to not have even one person who is guilty escaping the criminal liability, and in addition you have to assure all citizens that they will not unfairly be held criminally accountable. In this regard, I would like to say that we will not allow anyone to be a victim of prejudices, but also the legality will not be abandoned for the sake of anyone.
All of you shall be aware that trust, honesty and communication between Prosecutors, Chief Prosecutors and Chief State Prosecutor, shall be strengthened, and this is most significant amongst the bodies functioning vertically, which by Law is defined as State Prosecutor. Undoubtedly, State Prosecutor shall be respected, in order to strengthen the prestige, personality, and only in this way we will have an organized and respected Prosecution. It will be my duty to make you more respected, whereas the duty for investigating and accusing within legal frameworks will be yours. I shall never forget this, but you should neither, not for my sake, but for the sake of the best for the citizens of our country.
Together, all of us shall give efforts to have the lowest number possible of justified critiques addressed to the State Prosecutor address; I say justified, because we are witnesses that we will always have dissatisfied persons, who will expect to have Prosecutors performing just in the way they have imagined. While, the implementation of the Constitution and Law shall come first, you do not need to look in the past, namely to look at such opinions that come from out of our system.
When talking about justified critiques, I remind you that during previous years the most talking was regarding lack of proactive reports by Prosecutors, processing of the corruption cases, transparency, accountability and insufficient independence of Prosecutors. You are witnesses that during this year obvious changes have been marked. More changes in this regard are needed. You should not expect from the Office of Chief State Prosecutor to provide you with information and guides on verification of certain cases that are object of media keenness. You can do these by yourselves as well, just as you can decide on the deadlines on gathering certain information, in order to not hide behind the fact that from some of other state bodies cannot be obtained requested notes. Shall I remind you that it is the State Prosecutor who conducts the investigations?
I have to emphasize that all of you can count on concrete support by our international partners. I expect from Chief Prosecutors to cooperate in maximum, but you shall also self-initiate relations with partners who can contribute in performance improvement. We are opened to suggestions, but we will know to distinguish between the expert`s opinion and experiment; to draw the line between political needs and justice requirements, between well-meant suggestion and inapplicable influence. We will exercise our function in accordance with the Constitution and Law and based on confirmed international agreements, and it will be so in the future as well.
As a Chief State Prosecutor, I can conclude that so far a lot has been achieved, primarily number of Prosecutors in the Office of Chief State Prosecutor has been increased, and number of first instance Prosecutors has been increased as well. We had concrete results in the fight against corruption, and confiscation of the unlawfully acquired assets. Only during those last nine months of this year, the value of the sequestrated assets reaches an amount from 20 million Euros. During this nine-month period, 24,310 different criminal cases are solved, within which we have solved 215 corruption cases against 490 persons, out of which for the first time in Kosova are filed 10 indictments of the high level, which were targeted as top-cases. For the first time we have launched the strategy for cases backlog reduction through implementation of alternative procedures; during those 9 months through plea agreements we have solved 1277 cases, whereas through mediation we have solved 788 cases.
Allow me to inform you, that in addition to the mentioned results achieved during 2015, we are also working closely with the Ministry of Justice on the new Anti-Mafia Law, which allows the confiscation of unlawfully acquired assets without a judgment of conviction, and the named Law shall be a strong remedy in our hands for as an effective fight against corruption, economic and financial crimes, and other crimes through which are generated material benefits.
We have approved the strategy for time-period 2016-2018, and Action Plan for the fight against corruption and economic crimes, upon which we have foreseen the establishment of the Anti-Corruption Team in the BP of Prishtina. We are also working in drafting the Strategy for Sexual Violence Crimes, as well as Strategy against Human Trafficking. We are also contributing in drafting by-laws deriving from the Law on Crime Victim Compensation. There is established the Department for War Crimes, which soon shall be functional; we have demonstrated results in the fight against terrorism as well, which is not only within the frames of national treatment, but also a transnational one. This is the reason why the Institution of the State Prosecutor shall cooperate with neighbor countries and other states. We have liaised cooperation bridges with lots of Prosecutions of other states; we are in the process of minority integration, and we have met the main criteria on MSA signing. The inter-institutional cooperation and coo
rdination with Law Enforcement Authorities has been increased. With the support of international partners we are executing numerous projects that will have an impact on the increase of the effectiveness and professionalism.
We have raised the cooperation level with EULEX Mission, by establishing a Working Group in charge of transferring cases from EULEX to local Prosecutors. By-laws on the functionalization of KPC, and KPC Committees have been approved. Today, we are going to elect new KPC members from amongst Prosecutors.
When talking about transparency, we are witnesses that we have achieved obvious results. The professional relations with media and with the entire public as well, are not only obligation, but also need of Institutions. From the beginning, I am trying to develop communication with the public, mainly through official ways. Regardless having this considered to be an additional obligation; you have to comprehend that it is a necessity of this era.
Duties in front of us are numerous. I am aware that those could be accomplished in much easier ways, through better working conditions and budget increase. Even those cannot be requested when missing sound grounds; better the results are there will be more grounds for requesting budgetary resources for providing as better and easier working environment. Until this happens, I have to remind you that the working conditions and the low number of Prosecutors shall not be a justification for unprofessional performance. If any of you comprehends differently his/her function, then this is not good for the prosecutorial system. Who is not ready to change this mindset, maybe would be better to change his/her profession.
Above, I have concluded that during those months lots has been achieved, I don`t know if in those Kosovan circumstances any Institution has worked more during those last 9 months. Yet, this does not imply that I am satisfied with the work that has been done so far. Each one of us has chosen the profession, and this profession, in addition to professional knowledge, continuous perfectionism, also means giving up from lots of other things. I want to believe that you are aware of those facts, and if not, then we have difficulties which shall be solved by us together, in order to have as better functioning of the prosecutorial system;.
Finally, I request your and new KPC members engagement to be in the function of the pure moral, professionalism and increase of the citizens` trust in the prosecutorial system.
I thank you for your attention and at the same time I wish you a successful work in this Conference!
