Sistemi Prokurorial i Republikës së Kosovës

Prishtina, January 22^nd, 2021

Your Excellency, Mrs. Vjosa Osmani, Acting President of the Republic of Kosovo,

Honourable Chief Prosecutors, Prosecutors, Employees of the Prosecutorial System,

Honourable Excellencies Ambassadors and representatives of diplomatic missions accredited to the Republic of Kosovo,

Honourable leaders of local institutions,

Dear media representatives,

It is my pleasure to greet and thank you for your virtual participation in the Annual Conference of State Prosecutors, which conference this year is taking place in an unusual way due to the situation with Covid-19. As in previous years, the last twelve-month period was full of challenges and difficulties.

Unfortunately, we lost (3) fellow prosecutors, who worked diligently, with dedication, professionalism and integrity, and served the institution of the State Prosecutor, leaving us a great pain and emptiness within our system.

With this being said, from the large number of challenges and difficulties we have gone through, it is essential that we have shown that we are ready and able to act adequately, responding successfully to the needs of the time. Where despite the circumstances caused by the Covid-19 pandemic, the State Prosecutor has not stopped the work for any moment, thus performing the institutional duties with responsibly as defined by the Constitution and the legislation in force.

To prove this, I emphasize the fact that during 2020, the State Prosecutor has received 43 thousand 446 criminal reports - criminal cases, while he has managed to solve 49 thousand 381 criminal cases. Respectively, 5 thousand 935 reports were solved - criminal cases carried over from previous years.

Based on the indicators of the European Commission for the Efficiency of Justice (CEPEJ), the number of resolved cases in relation to the number of cases received during this period, it results that the resolution rate of cases by the State Prosecutor is 113.66%.

Even in the last year, we have been unique, showing our strength that we all make up together as the State Prosecutor, and we have shown determination to face any form of crime and in this way will not let anyone stop us, because this is in our national interest and we act on behalf of the state.

Based on the orders issued by Prosecution, measures and actions have been taken, which have resulted in the solving the most serious criminal offenses, while many members of criminal groups have been deprived of their liberty and prosecuted. In this way, we have sent clear messages to everyone that no one is above the state institutions.

Our society rightly expects from the prosecutors that through fair and impartial investigations to contribute to the state, politics and institutions, free from corruption, nepotism, and abuse and free from any other form of crime that violates the judicial-social relations.

Therefore, it is necessary to strengthen further the awareness of state prosecutors for the need to increase efficiency and determination in prosecuting, detecting and punishing these cases. To handle high-profile corruption cases, we need professional people, with courage, trainings and integrity, who certainly exist within the prosecutorial system.

The fight against corruption and organized crime is a state agenda of the Republic of Kosovo and a very important element in integration road of our state in the big European family.

In this regard, we have targeted eight (8) new cases related to high-profile corruption, organized crime and other serious crimes, bringing the number up to 69 cases targeted.

During the last year, various indictments were filed against criminal offenses of abuse of official duty, where among the accused there are also former ministers of the Government of the Republic of Kosovo, judges, police and other state officials. In this case, we have proved that no one is untouchable to the State Prosecutor and that all those persons who have violated the law will be brought before justice, regardless of their status in society or the function they exercise.

In order to strengthen the rule of law and advance the fight against corruption, organized crime and confiscation of illegally acquired assets, with the support of UNDP in Kosovo, as Chief State Prosecutor, I have signed a Memorandum of Cooperation with the Basel Institute. The latter will assist the Prosecution in tracing and identifying assets illegally acquired by Kosovar citizens, assets located outside the territory of the Republic of Kosovo.

Having said that, together with the Tax Administration of Kosovo, we have signed an inter-institutional memorandum, which aims to intensify cooperation in the exchange of information and identify cases where there is a discrepancy between the revenues and expenditures of natural and legal persons operating in Kosovo, who are suspected of having committed a criminal offense and creating unjustifiable assets.

We are aware that sentencing perpetrators of criminal offenses to imprisonment does not finish the fight against corruption seriously, apart from the abovementioned; we should issue additional sanctions such as prohibition to exercise official duty, also decisions to confiscate permanently the property acquired through a criminal offense.

The key to success in the fight against corruption lies in seizing the economic power and unlawful assets of individuals and criminal groups. In this regard, the role of prosecutors has to be more proactive.

We have also attached great importance to the fight against organized crime. During the last year, the State Prosecutor has solved seven (7) cases with 34 persons, out of total of (8) cases at work.

Thanks to a long investigation led by the State Prosecutor and a close cooperation with other institutions of law-enforcement, such as the Police and the Police Inspectorate, in September 2020 conducted a large operation in the village of Karaceva in the Municipality of Kamenica. A large cradle of organized crime was destroyed based on the order issued by the prosecution, in which case dozens of people were arrested, including police officers, and a significant amount of valuables were seized.

Honourable all,

We are aware that contemporary threats to justice and security cannot be solved by a single state, so we have increased regional and international cooperation in combating transnational crime.

We have already made the necessary institutional and state progress in the fight against terrorism and violent extremism.

This is proven by the most credible international reports, where recently, according to the Global Terrorism Index, the Republic of Kosovo is ranked at 135^thplace (countries with lowest risk level), as one of the safest countries in the world, where the impact of terrorism is minimal.

In this regard, I would like to thank the United States for the assistance provided in various forms to the institution of the State Prosecutor, as well as the continuous support to the Republic of Kosovo in the fight against terrorism and violent extremism.

We will continue to be faithful partners to them and other Western countries in the fight against terrorism and other crimes that violate the democratic values of our societies.

We have also paid special attention to requests that have come from other countries for international legal assistance. In this area, 342 requests have been resolved and investigative actions have been taken according to the requests of foreign countries.

Regarding the treatment of war crimes, I would like to underline the fact that positive steps have been taken to strengthen the War Crimes Department, which operates within the Special Prosecution of the Republic of Kosovo, where in addition to the strategy for dealing with war crimes, a new prosecutor has been appointed in this department, adding up to 4 (four) the number of prosecutors who deal exclusively with these cases.

However, in order to be more successful, it is essential to have broad institutional support in building resources to deal with war crimes cases, to improve legislation that facilitates prosecution, investigation and trial in absentia, and to regulate the issue of extradition of suspects with states who do not recognize the Republic of Kosovo, especially Serbia, which has not yet extradited its citizens, so that the perpetrators of these crimes are becoming inaccessible to the judiciary in Kosovo.

I would like to emphasize the fact that, in December 2020, the Chief State Prosecutor has received strong support from the United States of America for tackling war crimes and I am optimistic that we will soon show results in this regard.

On the other hand, the protection of victims of crime has been a priority of our institutional commitment, where services to them did not cease for a moment even during the confrontation with the Covid-19 pandemic.

In 2020, the Victims Advocacy and Assistance Office, which operates within the Office of the Chief State Prosecutor, assisted 1687 cases of victims of all categories. Of these, 1542 were victims of domestic violence, 10 cases of trafficking in human beings. There has also been an increase in cases of rape and sexual harassment, with 34 cases of rape and another 60 cases of sexual harassment recorded during this time.

We hope that with the amendment of the Law on Compensation to Victims of Crime, it will be possible to create easier access to the realization of the right to compensation for all victims, without having to wait until the end of the trial.

Honourable all,

At the end of last year, we elected the new Chief Prosecutor of the Appellate Prosecution and six (6) Chief Prosecutors of the Basic Prosecution Offices of the Republic of Kosovo.

I want to say to the newly appointed Chief Prosecutors that difficult challenges await them in the future office endeavours. The time we are going through proves this. It is your responsibility to show that you are ready to lead these prosecutions and that the decisions you make will be fair, professional and exclusively in accordance with constitutional norms and legal provisions.

I want to believe that you are all ready to defend the honour of the institution of the State Prosecutor and I look forward to proving this with your actions. In your work and leadership you will have my support and that of the prosecutorial system in the organization and functioning of these prosecutions as well as possible.

We should all be aware that the trust, sincerity and communication between Prosecutors, Chief Prosecutors and the Chief State Prosecutor should be strengthened, in order to lift-up the performance, authority and prestige of the State Prosecutor institution.

During the last year, in order to re-organize, increase the efficiency and effectiveness of the Special Prosecution, in addition to the War Crimes Department, which was established in 2015, three new departments have been established in this prosecution: one for Organized Crime and Other Crimes under the jurisdiction of the SPRK, the Department of Terrorism, and the Department against Corruption and Financial Crime.

Relevant specialized prosecutors have been also appointed to these departments and this will directly affect the performance of this prosecution, whose jurisdiction extends to the entire territory of the Republic of Kosovo in the investigation and prosecution of the most serious crimes.

In addition, four (4) new prosecutors have already been appointed in the Special Prosecution and I am convinced that the energy, courage, integrity and professionalism of these prosecutors will bring good results especially in dealing with high-level corruption cases and other crimes that are within the competence of this prosecution.

Meanwhile, in order to promote transparency, the State Prosecutor, with an objective and impartial approach, has been open to communicate and cooperate with the media and civil society, always maintaining the right balance between the integrity of the investigation and the criminal procedure, on the one hand, and the public interest in obtaining information, on the other. We will continue to increase this cooperation within professional standards, because we consider the media and civil society as strong partners in the fight against all criminal phenomena that occur in our society.

Clearly, during 2020, we have demonstrated the institutional determination to improve the justice system in our country.

The Institution of the State Prosecutor has also actively contributed to the working groups of the Functional Review of the Rule of Law Sector and the drafting of the Concept Paper on accountability modalities in the justice system in Kosovo.

On this occasion, I would like to say that whatever the motives that push the Republic of Kosovo to take initiatives for justice reforms, the leaders and regulators of these reforms of the justice system should be the people themselves in close cooperation with international partners, in particular with the US Embassy, the British Embassy, the EU Office, other embassies of Western countries and civil society.

This reform or vetting in the judicial system should focus on strengthening the committees, which function within the Prosecutorial and Judicial Council, thus increasing the accountability, transparency and professionalism of the holders of prosecutorial and judicial functions.

Consolidation of the judiciary depends not only on legal reforms, but also on the goodwill to be fair, which means consistency in law enforcement and high moral and professional integrity of judges and prosecutors. These features should be the standard of a value system that we are aiming to strengthen.

Finally, I would like to say that there are still difficulties and challenges within the justice system, which we should not see as obstacles. On the contrary, we see their solution as an objective that must be achieved as soon as possible in the future.

I strongly believe that as the result of close cooperation with international partners, we will strengthen the rule of law and independent institutions of justice, which promote impartiality, transparency and accountability, which are essential attributes for the progress of our state.

From you, dear colleagues, I expect you to show greater commitment, professionalism, integrity and responsibility in fulfilling constitutional and legal duties, in order to strengthen the trust of citizens in the justice system.

I wish you good work and success in the year we have just started!

Aleksandër Lumezi

Chief State Prosecutor

Education:

Primary school in Trestenik, Peja,

Gymnasium in Peja,

Law Faculty at the University of Pristina

Bar exam and Exam for minor offense judge in Pristina

Magistrates at the International University of Struga, Jurisprudence branch

Master in Business College in Pristina, Criminal Law

Doctorate in Public Sciences – Criminal Law at the European University of Tirana

Trainer certified in the US - NITA Program

Work experience:

One year, practitioner at the District Court in Pristina,

Two months, secretary at the "Sami Frashëri" Gymnasium in Pristina,

Three months, translator at the Pristina District Court,

Twelve years, professional associate in the Pristina District Court,

One year, professional associate at the Supreme Court of Kosovo,

For four years, Judge in Pristina District Court,

Six years, Prosecutor in the State Prosecution

Five and a half years, Special Prosecutor in Special Prosecution of the Republic of Kosovo.

From 01.09.2015 and currently, State Prosecutor in the Office of the Chief State Prosecutor

Commitment as a lecturer - trainer:

Currently:

Lecturer at "BIZNESI" College in Pristina, European College of Kosovo in Pristina and

Trainer at the Kosovo Justice Academy in Pristina,

So far, lecturers and trainers:

Public University of Pristina - Law Faculty, Lecturer on practical issues - Legal Clinic

Institute of American University in Kosovo, Lecturer on Justice System.

Doctoral School - Republic of Albania, Trainer of prosecutors for representative skills in court

Gjilani College - Unit in Pristina

Croatia - Dubrovnik, Trainer for prosecutors and lawyers of the Western Balkans

Police Academy in Vushtrri - Kosovo, trainer for basic and advanced courses

Trainer for journalists and officials of many institutions in Kosovo

International Trainings and Seminars:

So far he has attended trainings / seminars in USA, Germany, Italy, France, Austria, Holland, Hungary, Belgium, Slovenia, Romania, Czech Republic, Bulgaria, Croatia, Albania, Macedonia, Montenegro.

Publishing / Publications:

- "Role of lay judges in Kosovo", Special brochure, 2001, Pristina.

- "Defendants' Measures in Criminal Proceedings", Kosovo Judicial Center, 2004, Pristina

- "Witnesses according to the Code of Criminal Procedure of Kosovo", Scientific Magazine "BIZNESI", year 1, no.1, 2008, Pristina

- "Direct interrogation of the witness as part of the judicial skills development ", Scientific magazine "BIZNESI", No. 7, 2010 Pristina

- "Transverse interrogating of the witness as part of judicial skills development", Scientific magazine "BIZNESI", No. 9-10, 2012 Pristina.

- "Trafficking of human beings in the times of globalization, Special overview for Kosovo", University of Zenica in Bosnia and Herzegovina, 2013.

- "General Guidelines on witness protection procedural measures - the best European Practice in Kosovo Contest", as co-author, published by NI-CO, funded by the European Union, November 2014

"Preventing Human Trafficking in the Western Balkans" published in the Mediterranean Journal of Social Sciences, MCSR Publishing, Vol.6 No.2, March 2015, Rome - Italy

- "Independence of judicial and prosecutorial system in Kosovo", published in European Scientific Journal, February 2015 edition vol.11, No.4, 2015

- "Identification, the initial reference and interviewing victims in trafficking", published in the European Journal of Research in Social Sciences (EJRSS), Vol. 3 No. 2, 2015

- "Basics of the Justice System", published by College "Biznesi” in Pristina, 2011, republished in 2015.

- "Caring for Victims of Trafficking in Human Beings", published in “ECK" scientific magazine of the European College of Kosovo, No.1, 2015

- "Illegal migration and smuggling of migrants in Kosovo, published in " ECK " scientific magazine of the European College of Kosovo no.2-3, 2016

- Crime Analysis: Organized Crime, human trafficking and migrant smuggling, published in "ECK" scientific magazine of the European College of Kosovo, no. 6, 2017

- "Forms of motions in criminal procedure" as a co-author, published by the Academy of Justice (former Kosovo Judicial Institute) and GIZ, Pristina, 2017

At the Academy of Justice (former Kosovo Judicial Institute) has published the modules:

1. "Trafficking in Human Beings", 2008,

2. "Witnesses in Criminal Procedure", 2009,

3. "Development of representation skills in court" - as co-author, 2011 and

4. "Serious Crimes", 2015

Participation in scientific conferences:

- The 4th International Conference on Social Sciences, the title of the press release: "Preventing Human Trafficking in the Western Balkans – a Particular Review in Albania, Kosovo and Serbia", 27 February 2015, Bucharest, Romania.

- The 4th International Multidisciplinary Conference on Integrating Science in New Global Challenges, title of the press release: "The Rights of Injured Partiers in Criminal Procedure,

Comparative Aspects Albania - Kosovo ", 27-29 March 2015, Dubrovnik, Croatia

- The 3rd Global Virtual Conference, title of the press release: "Illegal migration and smuggling of migrants in Kosovo", Zilina, Slovakia, April 6-10 2015.

- International Scientific Conference titled "High Education, massification and its challenges towards European integration" – subject of the press release "Kosovo Judicial Institute", Tirana, 2012

- International Scientific Conference titled "The Effects of global hazard in countries in transition”

- The title of the press release: "Trafficking in human beings at the time of globalization - with special attention in Kosovo", Peja, May 29-30, 2013

- International Scientific Conference titled "100 years of Justice and Doctrine"

- Title of the press release: "The rights of the injured parties in the criminal procedure - comparative aspects of Kosovo-Albania", Tirana, 09 May 2013

- International Scientific Conference titled "Days of Albanian studies" - Title of the Work: "Protection of Trafficked Victims", Tirana, 01-04 May 2014.

- Scientific conference “Management of emergencies as precursor of Kosovo's economic development and security of its future" - Presentation on "Terrorism and Organized Crime as a Risk for Kosovo Security", 29 July 2017, Pristina