Institutional and Public Enterprises Transparency in Kosovo III Policy research: Evaluation of the transparency of Municipalities
Institutional and Public Enterprises Transparency in Kosovo III
“During our next 15 months of term government, my government will fulfill all criteria to enable the free movement of the citizens of the Republic of Kosovo visa-free throughout Europe.”
Author: Hashim Thaçi ” Prime Minister of Kosovo
Date: 10 December 2010
Source: http://www.pdk49.com
Evaluation: FALSE
Justification: This promise was given during the election campaign in 2010 by the chairman of the Democratic Party of Kosovo, Mr. Hashim Thaci. However, this promise was not realized and as such, this statement is false. It”s been more than 15 months and Kosovo government has not met the criteria that would enable free movement of citizens of Kosovo to the European Union countries. European Commission on the day of delivery of the guide for visa has provided for the Government 101 criteria which must be met by the Government of Kosovo.
“I am convinced that the political class in Kosovo without exception has realized that the fight against organized crime and corruption will be a prerequisite for further integration processes.”
Author: Vlora Çitaku, Minister of integration
Date: 13 June 2012
Source: http://www.kohaditore.com/”page=1,13,103136
Evaluation: Contradictory
Justification: What does this statement of Minister Citaku mean” Political class was not aware before June 2012 about the importance of fighting corruption as a prerequisite for EU integration” Does this statement mean that fighting corruption and organized crime should occur only for the sake of the European Union” It is a contradictory statement and disturbing, because exposes a rather worrying situation regarding the negative role of politics in fighting corruption and organized crime.
“Let me say this openly that even now we can say that there is misuse at this level.”
Author: Fehmi Mujota, Minister of infrastructure
Date: 06 June 2012
Source: http://www.koha.net/”page=1,13,102504
Evaluation: Contradictory
Justification: Despite the numerous abuses in the Ministry of Infrastructure, Minister Mujota say acts like he does not have any responsibilities for such affairs in his ministry. Furthermore, it is Minister Mujota, who has qualified his friend printing driver’s license tests, without following the procedures of procurement and this is clearly a conflict of interest.
“EULEX is not doing anything in the fight against corruption at high levels.”
Author: EULEX, European Union Rule of Law Mission
Date: 12 June 2012
Source: http://www.eulex-kosovo.eu/al/pressreleases/0298.php
Evaluation: False
Justification: While EULEX presence in Kosovo is of great importance regarding EU-Kosovo relations, as well as the contribution of this mission continues to be important in the process of state-building and rule of law, unfortunately the results of EULEX -it are insufficient. FOL has decided to answer to the question made by EULEX, saying that this mission is not doing the fight against corruption at high levels of the state. The truth is that the spread of corruption and situation in Kosovo has not changed anything since the arrival of EULEX. A commitment of EULEX to investigate alleged cases of high level of corruption such as Central Bank, ministers, former ministers and other senior officials is seen to be non-serious and impossible for this mission. If you look at anti-corruption statistics we find out that they are the prosecutors and judges those who have done something against corruption and not EULEX. In the end, all those who have watched this campaign on billboards they have noticed that anything that EULEX is doing is characterized as “following”.
“The law (seizure of unlawful property) shall be issued within this half of the year and it will be applied to everyone.”
Author: Hajredin Kuçi
Data: 16 March 2012
Source: http://www.koha.net/”page=1,13,91834
Evaluation: FALSE
Justification: Mr. Kuci has made this statement on March 16, 2012. With all the many words of the Minister of Justice, Kuçi, that the law will be issued within 6 months of this year, and Civil Society recommendations will find their place in this draft law, his actions have shown just the opposite. This is due to the fact that this law is not yet approved by the Assembly of Kosovo and the recommendations of civil society are disregarded by the Ministry of Justice as part of this law.
July 11, 2012 – Movement FOL condemns the recent assault against the journalist and publicist Halil Matoshi
Movement FOL condemns the recent assault against the journalist and publicist Matoshi Halil, who is also the member of Advisory Board of Movement FOL. Mr. Matoshi has previously been threatened because of his critical writings.
Movement FOL believes that attacks against journalists are attacks against a society, because they harm the basic fundamentals of the state of Kosovo.
FOL appeals to police to quickly identify the perpetrators and explain the circumstances of the assault.
Movement FOL has been continuing the expansion of debating program by establishing the debating club in Gjakova. On Tuesday, April 26, 2012 was held a training on Karl Popper debate format with students of high schools in the offices of youth center in Gjakova , thus establishing three teams. The teams of the debating club of Gjakova will participate in debating tournaments that will be organized in the future.
Movement FOL has re-turned the debate program in Kosovo, in 2009. The debate program is currently present in eight municipalities in Kosovo. Initially there were only three municipalities (Municipality of Prishtina, Peja and Ferizaj) involved, whereas during 2011, it was extended to three other municipalities (Municipality of Suhareka, Malisheva and Mitrovica). Extension of 2012 includes the municipality of Prizren. Except in Gjakova, FOL movement aims to expand the program in other municipalities of Kosovo as well, in order to include as many young people in the program of as debate as possible.
The debate is an exceptional opportunity for youth development and education. To achieve success in academic and school life, young people need to know how to present their ideas and how to respond to the arguments of others who disagree with their ideas. Debate in a democratic society expands students’ knowledge, tools to understand the political and social developments and to argue about issues which they believe in.
Today, June 25, is the anniversary of the establishment of Movement FOL, a three-year work for active citizenry, against corruption. We thank our families, the membership of the organization, partners, friends, donors, and in particular the media for their cooperation and support they have provided for the organization. We express our deep gratitude for the trust and continued support we have received from the citizens of Kosovo, to increase the transparency and accountability of public institutions of Kosovo.
FOL has started working with a single computer and a staff of three people. Today, the organization employs fifteen people, and has one hundred members of the Assembly who directly govern the organization.
We believe that during these years we have contributed to civil society involvement in the process of state building and raising the debate on good governance as essential component of this process.
Values, which are the foundation of the work of Movement FOL such as: commitment to good in the public interest, accountability to the public, Commitment to law, respect for the value and dignity of individuals, political impartiality, respect for pluralism and diversity as well as transparency, integrity, and honesty, hold the organization dedicated to the mission.
We find encouragement in the principles which guide our work, which oblige us to build coalitions of common interest to assist social, economic and political processes. To be responsible, open and accountable to our membership, our supporters, partners, donors and citizens.
We work within the goals we have set to ourselves not compromising the values and orientation of the organization.
Our achievements during these three years are many: hundreds of high school students have benefited from the debate, which offers the best opportunity for young people to develop their potential, critical thinking, active participation and response. FOL has been a pioneer in opening up procurement offices for supervision and control by civil society, something that has contributed directly to reducing opportunities for misuse. We have also made citizens closer with public institutions. A one-month campaign in 2011 in collaboration with the State Chief Prosecutor, has opened this institution, reducing the institution of traditional prejudices against him. Our work has encouraged other organizations of civil society to continue to further this initiative.
With even a more increased pace we will continue our work, in regard of the mission, to defend the public interest-as the noble mission of every citizen of society.
Prishtina, 20 June – For more than a decade the Kosovo Energy Corporation has been the focus of local and international institutions. The investments in this enterprise have been greater than in all other enterprises. For several years the Kosovo government has allocated from the budget hundreds of millions of Euros for KEK.
And, on the other hand, KEK has increased almost every year the price of electricity. In this way the citizens of Kosovo have paid for the same product through taxes, but also through their direct payments.
While, for many years this company has misused, mismanaged and devoured the public budget through some greedy leaders and managers who run this company without ever giving account for the expenditure of hundreds of millions of poor citizens contribute.
In this game of bad management was also the Energy Regulatory Office. This institution has manipulating the public opinion consistently with the increasing levels of electricity price. So, the responsibility for continued and irresponsible increase is except KEK upon ERO as well.
Data on unemployment and poverty are alarming for years. Monthly grocery of a family is around 250 Euros, while the most part of the country’s citizens who are able to work fail to have a salary at this level.
Therefore The increase of electricity price for citizens of Kosovo means a higher price of their daily lives, further impoverishment and inability to make a dignified life. In this line, FOL requires the Energy Regulatory Office, KEK and other relevant institutions to cancel this decision and to take into account the difficult socio-economic situation in Kosovo.
Prishtina, June 15, 2012 ” Today, Movement FOL organized a debate on the topic “Draft Law for Extended Competencies on confiscation of property obtained with a criminal offense.” The purpose of this debate was to argue about its importance in fighting organized crime and corruption.
Present in the debate were member of the Assembly of Kosovo, Albulena Haxhiu from LVV and Halit Krasniqi from PDK. Also present were representatives of Civil Society, as direct contributors to the recommendations regarding this draft-law.
Haxhiu Albulena from VV supported the Civil Society regarding the recommendations for this draft-law, “The parliamentary group of LVV will not vote this draft-law if it does not include the recommendations of Civil Society” Ms. Haxhiu said.
Meanwhile, Halit Krasniqi from PDK excessively praised the work of the Ministry of Justice for the preparation of this draft law, but he said that voting in committees and the Assembly is more individual, but, according to him this project – law shouldn”t be applicable to offenses committed before the approval of this law.
Driton Selmanaj from Kosovo Democratic Institute has criticized the members of the assembly, who according to him, “the statements and commitments of the members of the Assembly of Kosovo are contrary to what they vote then ‘. Mr. Selmanaj has mentioned that there were several times that in Kosovo Assembly have been voted several laws, which previously were criticized.
The debate continued with the involvement of civil society and media, who said that they will continue to put pressure on members of the assembly, in order not to approve this draft law without its recommendations.
Prishtina, June 12 – Last week Movement FOL held the next meeting of the Advisory Board discussing the general situation of the Organization.
At the meeting were discussed the Work and Audit Reports for 2011. Both reports were approved by the Board’s members unanimously. In the agenda of this meeting was also the expansion of the Board with a new member.
The new member who was proposed by the Director of the Movement FOL was approved by the board. The new proposed member was Astrit Gashi, a journalist by profession.
Another topic on the agenda at this meeting was the Work Strategy of Movement FOL, the strategy that ends this year. Board suggestions for the strategy were that Movement FOL should focus on more specific issues in the next strategy.
The Advisory Board members have discussed and analyzed the performance of FOL Movement during 2011 and have offered their support for accomplished activities by Movement FOL, and have offered their support for the development and advancement of the objectives of the Organization.
FOL Newsletter (January- May 2012)
Prishtina, 31 May – Organizations that consist the Advisory Forum of NGOs for Anti-Corruption Law package, have been only formally part of the Working Group of the Ministry of Justice regarding the Law on confiscation of the property illegally acquired. So far only three meetings have been held, one constitutive meeting and two seminar-type meetings, where they presented an Italian and a German experts, and no any workshop.
The only form of communication with the MJ has been the electronic way, where the NGO Forum has submitted its views on the content of the law on March 1 this year. On the other hand, MJ has promised to organize workshops in order to exchange ideas, but that never happened.
Meanwhile, according to the legislative strategy, the law in question should be submitted to the Assembly during May. Having witnessed that this deadline is violated, MJ on May 29 has sent us a second draft of the law that they call for confiscation of the property obtained by criminal offense and has asked that in two days, ie on 1 June we make our comments. This means that the MJ did not take into account our views about the law.
Now, considering that the MJ has ignored the views of civil society, it is the attitude of the Advisory Forum of NGOs consisting of ten NGOs to withdraw from the working group and any other further activity of the Government, thus, the government will not have the support of civil society.
Applied to: Ministry of Justice
Attitudes for the initial version of the Draft Law on Confiscation of the Property Obtained by Criminal offense
March 1, 2012
Dear,
Advisory Forum of NGOs for the Anti-Corruption Law package has held several consultative meetings, analyzing the content of the initial version of the Draft Law on Confiscation of the Property Obtained by Criminal offense. After analysis the forum concludes that the proposed draft law should be objected.
The main provisions that this draft law contains are regulated by the applicable legislation in Kosovo. Based on this fact, the Forum has come to these conclusions:
1. The name of the draft law should be changed, which at the same time depicts the scope and purpose of this draft law. The forum recommends that the name “property obtained by criminal act” should be changed to “property obtained illegally” (even when not related to the offense).
2. The burden of proof to prove the legality of obtained property, to fall on the suspect, not according to the assignment. By transferring the burden of proof to the suspects, it would increase the possibility of more efficient fighting organized crime and illegal property. Such experience as the Forum recommends is practiced in regional countries, like Albania, Slovenia and Bulgaria.
3. This draft law should also be applied to property obtained illegally, even before this law became applicable.
4. It is suggested the creation of specific mechanisms within the existing institutions (police, prosecution, court) in order to implement more effectively the legislation in this area.
The Advisory Forum expresses a commitment for cooperation and contribution in the working group within the Ministry of Justice, but by respecting the fundamental principles listed above. Otherwise our cooperation comes into question.
Prishtina, 30 May “ Today Movement FOL held the debate on the topic “Problems of Contracting Authorities in the Field of Procurement”, where were presented the problems identified by FOL movement while monitoring the procurement procedures in the Ministry of Justice, Kosovo Correctional Service and the Ministry of Public Administration.
In this debate participated representatives from the Ministry of Justice, Ministry of Public Administration and Kosovo Correctional Service. During the debate it was mentioned that the problems in procurement procedures start with the requesting unit, which makes technical specifications, and which in the most cases appear to be discriminatory for economic operators.
In this debate was also stated that the compilation of tender files continues to be one of the main problems, which due to the large demands and not well harmonized regarding the documents that should be brought by Economic Operators, they are reluctant to apply or in most cases fail to comply with the requirements specified by the Contracting authorities.
Procurement Manager in Kosovo Correctional Service, Sadri Emërllahu, said that “In 2012 we started to demand the minimum documentation and not to cancel the tenders for administrative matters and this has increased the number of participants of the economic operators in different tenders”.
Meanwhile, Admir Salihu of FOL Movement stressed that “Lots of irregularities that occur in the procurement area are result of numerous deficiencies of the Law on Public Procurement”. Further, he claimed that “in some cases, ministries come together and announce joint tenders, then the procurement staff should be profiled even more by the professional preparation, and to improve working conditions for procurement offices “. On this occasion FOL Movement has recommended that technical specifications should be designed more carefully and professionally, then the evaluation committee should be more competent and tender dossiers should be standardized.
Prishtina May 17 – Today, Movement FOL held the coordination meeting with institutions on procurement. At the meeting it was discussed about the overall situation of public procurement, focusing on a range of issues and concerns dealing exactly with this field.
The main concerns that have been identified in this meeting by the participants were numerous weaknesses in procurement legislation and competition, and insufficient institutional capacity to eliminate these corrupt practices and other legal irregularities in this area.
Within the legal framework the identified weaknesses are:
” The Public Procurement Law does not specify the lowest price per unit, but only for the total price of the economic operator offering in a particular procurement activity;
” Public Procurement Law contains mainly the cheapest price, along with the most economically advantageous, as the main criterion in all procurement activities;
” Public Procurement Law does not specify sanctions for Economic Operators that perform various criminal offenses during the bidding activities;
” The lack of other laws and guidelines to better-explain various provisions in the field of public procurement for various officials in Other Contracting Authorities;
” Law on Protection of Competition disables the scope of the Competition Commission to take punitive actions (such as fines) to the EO that offer prices that distort the market in the Republic of
Kosovo, and dispel the interest of serious international companies;
Within the institutional framework the identified weaknesses are related to:
” Lack of training in the field of competition – for procurement officials and civil society monitors;
” Lack of human capacity to supervise the implementation of contracts by the Contracting Authority;
” Lack of joint meetings between the institutions responsible for public procurement;
” Non- published interpretations and monitoring by the PPRC.
Despite these issues, the participants discussed the need of private sector involvement in fighting and preventing corruption and the elimination of irregularities and legal violations in the field of public procurement. These issues, but also many others that are expected to be brought at the next meeting will be addressed in time to all relevant instances that would affect the improvement of public procurement.
At this meeting were: Public Procurement Regulatory Commission, Public Procurement Review Body, Kosovo Competition Authority and the Contracting Authority as the Ministry of Justice, Ministry of Public Administration, MLGA, Municipality of Peja, etc..
Pristina, May 13 – Movement FOL published the report Corruption Monitor for the period January-March 2012. Corruption Monitor monitors Institutional Activities in the Fight against Corruption.
The Government of Kosovo in the first trimester of 2012 has issued 82 decisions, only 4 of them on fighting (preventing) corruption. During January, the Government of Kosovo has approved 15 decisions, only one was on fight against corruption. In February the 41 decisions approved by the Government, 3 were on the fight against corruption. Meanwhile, in March from 27 decisions none was focused on this area.
Kosovo Assembly during the first trimester has been the most passive institution regarding the fight against corruption. During 10 plenary sessions as they were held during January, February, and March in neither of them the corruption was on the agenda.
Kosovo Judicial Council (KJC) – Based on the statistics of this institution during January, February and March in the category of “official misconduct” there are 120 unsolved cases at the beginning of the reporting period, 19 cases have been filed, and 14 solved cases, while 120 cases are unsolved at the end of the reporting period. In the category of “taking bribe” 10 cases have been filed and only 3 cases have been solved at the end of the reporting period. And in the category of “giving bribes” 17 cases have been filed and 16 cases have been solved at the end of the reporting period.
The Prosecutions of the Republic of Kosovo during the first trimester of 2012 in municipal level have filed 9 cases; the number of proposed charges is 42. Meanwhile we have 100 cases filed during the reporting period, 277 cases on going, 42 proposed charges and 4 charges, investigations were dismissed against two cases. Meanwhile, district prosecutors during the reporting period have filed 60 cases, 383 cases have been considered by them, 8 charges have been raised and five cases were dismissed regarding anti-corruption.
The statistics of the Department of Investigation of Economic Crimes and Corruption (DIECC) shows that in the first trimester of 2012 there are 69 cases under investigation. In these cases 39 cases were sent to the prosecutor with identified perpetrators, and no cases with N / N suspects. Meanwhile, among the cases sent with prosecutor’s reports for the first trimester there are 3 cases. As a result of Kosovo Police Investigation, 18 officials have been arrested: 6 in January and February, and 12 in March.
Kosovo Customs during the first trimester have announced 2 disciplinary actions. During January and February, Kosovo Customs did not announce any disciplinary action, whereas in March they announced a written warning and a verbal warning. During January and February in the professional standards department were initiated 2 cases, both cases were for property damage of Customs. Meanwhile in March is also initiated a case for unprofessional conduct.
Anti-Corruption Agency (ACA) within the first trimester of 2012 has been mainly focused on two activities in the fight against corruption. During this trimester, ACA has published its report presenting its annual work and ACA during this reporting period has completed the process of declaration of the property of senior public officials.
Get the full report in this link: http://levizjafol.org/images/uploads/files/Monitoruesi_i_Korrupsionit_Janar-_Mars_2012.pdf
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Prishtina, 9 May 2012 – After the decision of the President of the country, Mrs. Atifete Jahjaga that the new Criminal Code of Kosovo must be reviewed again in the Assembly, because of the articles 37 and 38 as unacceptable for media and public opinion, Movement FOL appeals to lawmakers to revise also the Article 410, which by actual definition leaves various options of interpretation and is contrary to democratic norms.
Article 410, The Call for Resistance says:
Whoever calls others for resistance or disobedience against approved decisions or lawful measures issued by the competent body or officer is sentenced to three years. While the other paragraph continues: 2. If the offense in paragraph 1 of this Article results in great difficulty or impossibility of implementing the decision, measure or formal legal action, the perpetrator shall be punished with imprisonment from six months to five years.
Such a definition enables various powers in Kosovo to misinterpret this article, and the citizens of Kosovo will bear the consequences.
Movement FOL finds it as necessary that this article be revised and redefined by the Legislation and Judiciary Committee, and the members of the Assembly of Kosovo, in order to avoid any possibility of violation of human rights, freedom of rally, protest and demonstration of the will of Kosovo citizens.
Believing in building a state of democratic values and principles, we hope that our request to review this article of the Criminal Code will be taken seriously by local institutions and the response to this concern will be positive.
Prishtina, May 7, 2012 – Ministries, Public Enterprises (CEC and PTK) and the Republic of Kosovo Municipalities have continued with law violations and irregularities in public procurement as they used to. Throughout the three-month period, January to March 2012, these institutions have committed violations in 11 various tenders. 8 tenders are returned in re-evaluation by the Procurement Review Body, 2 are returned in re-tendering and for only one procurement activity was decided to go on with procurement activity.
Ministries that have violated the law of public procurement in 4 tenders: a) Ministry of Internal Affairs on the tender “Supply of Fuels”, b) Ministry of Culture, Youth and Sports in the procurement activity “Constructing the Sport Gym in Klina municipality – Phase II “, c) Ministry for Communities and Returns in the tender” hotel services in MCR “, and d) Ministry of Infrastructure when evaluating the tender “Maintenance Services of section 1 to 5 of road no. 7: Merdare-Morine highway. ” In addition, the Public Procurement Review Body has also issued a fine to the Ministry of Infrastructure in amount of 10,000.00 euros, and has revoked the license of the acting director of this ministry to be active in public procurement.
Public Enterprises (KEK and PTK) have committed offenses in four (4) various tenders. Kosovo Energy Corporation has committed offenses in three (3) different tenders: a) additional services in the removal of overburden (as needed) “b)” supply of chemicals “and c)” Supply of rubber bands. “Meanwhile, the Kosovo Post-Telecom committed a violation in one tender only: “Benefits for health insurance.” These four tenders of these companies are turning for re-evaluation.
Municipalities have committed violations in three various tenders. Prizren Municipality has violated the provisions in evaluating the tender “summer and winter maintenance of roads, sidewalks, public green spaces, squares and decorative trees in Prizren and winter maintenance of roads in the villages-areas”, Municipality of Gjilan in the case of the cancellation of the tender “Transport of workers and students in Gjilan Municipality, divided into 7 Lots” and Peja Municipality during the tender evaluation “Maintenance of traffic signs – Lot 1”. Two of these tenders have been returned for re-evaluation, and only one is cancelled by the Public Procurement Review Body.
Reports of daily newspapers regarding the public procurement are of a great importance in the elimination of legal irregularities and corrupt practices within this field. During the quarterly period newspapers have published 69 various reports. From these 69 reports, 34 were investigative reports and 35 of them have been published as news.
Prishtina, May 2, 2012 ” even though we are in the fifth year of the Independence, the institutions of the Republic still do not control entirely its territory. It is the 13th year since the north of Kosovo remains over flown by criminality and lawlessness. The state of Kosovo, it”s rather contested from inside than outside. Our institutions travel daily to different countries of the world, but it”s “impossible” to be present in the north.
The Prime Minister stayed for days in the United States of America, but did not stay even a single hour in Zvecan, Zubin Potok and Leposavic.
Movement FOL during the election campaign for mayor of Ferizaj monitored and analyzed the commitment that Prime Minister has shown for the elections there.
The presence of the Prime Minister in Ferizaj would give you the impression that he himself is running for mayor of Ferizaj. Almost the whole government was there: ministers, deputy ministers, advisers, directors and almost all the chief executives of the Government. We have never seen such devotion of the Government towards north of the country and its citizens. Thus, there we have seen everything: organized crime, informality, anti-state structures, but we did not see and cannot see the Republic of Kosovo institutions.
“Elections in Ferizaj showed that to Government of Kosovo is more important the power in that municipality the state in the north. Government and the Prime Minister has indicated that the Strategy for the North, the coordinator for the part and the intervention of Special Forces in July 25 were not about the extent of the authority of Kosovo, but it was entirely about the rehabilitation of his power within the public “, stated Petrit Zogaj, executive director of the Movement FOL.
Therefore, considering this, FOL through this activity requires the Government to strengthen the state power throughout the Republic of Kosovo, and not party and personal power of the Prime Minister.
Podujeva – Gjakova, 26-27 April 2012 – Movement FOL has expanded its activities directly in the municipalities of Kosovo. In the last two days FOL through occasional ceremonies revealed the goals of expanding activities in Podujeva and Gjakova municipalities. Participants in the ceremony were representatives of local institutions, civil society, and representatives of political parties, media, business sector and citizens of these municipalities.
On this occasion the Executive Director of the Movement FOL Petrit Zogaj thanking the participants said that “after more than two years since the founding of the Movement FOL, whose main mission is the promotion of democratic governance, transparency and accountability of central institutions and now this movement will accomplish its mission more directly, through its expansion in the municipal level. “Movement FOL its decision to expand its activity in these municipalities based on the principle that “expanding our movement, we believe that will bring public supervision to local government level and to improve the existing situation of civil society and to have more effective research and advocacy in order to increase the transparency, accountability and promotion of local government reform, “said Petrit Zogaj. According to him “this is the best way for them to encourage citizens to express their grievances against vulnerable public policy and decisions coming from the misrule”.
The forms of misrule, mismanagement and malfunctioning of public institutions of central and local levels have led to reduce the confidence of citizens in the institutions and also have caused civic indifference to political, social and economic developments. Because of this ” Movement FOL, will focus on increasing public supervision over local government institutions in these two municipalities, encouraging active citizenship through involvement of relevant actors and citizens in decision making process,” said Petrit Zogaj.
These meetings have continued with discussions about the most suitable forms of advancing the level of cooperation between civil society, local government sector, media and other relevant sectors in promoting transparency, accountability and good governance in these municipalities.
Prishtinë, 23 April 2012 ” Today, at 8:30 AM the offices of FOL MOVEMENT were broken by unknown persons. After notice by the Insurance Company, at the scene also came the units of Kosovo Police for the necessary expertise.
In this case the entry door was damaged but, after verification by the Kosovo Police and staff of the FOL was concluded that there, was no theft of equipment or documents.
Kosovo Police opened the case for investigation, which we believe will result in detention of persons.
6 – 9 April 2012 – Movement FOL in collaboration with six local organizations: Syri Vizion in Peja, Initiative for Progress (INPO) in Ferizaj ,Youth Center in Malisheva, Youth Centre in Suhareka, CBM Mitrovica and Local Youth Action Council in Prizren held the National Tournament debate “Karl Popper” format “Kosovo Open 2012 ” from 6 – 9 April 2012.
FOL Movement with the support of Foundation SOROS/KFOS since January 2010 has been working with partner organizations establishing debate clubs in Ferizaj, Prishtina and Peja. Meanwhile, from January 2011 this program was extended to three other municipalities, Mitrovica, Malisheva and Suhareka. During this year the program will be extended in other municipalities as well such as Prizren, Gjakova and Podujeva. Currently in Kosovo there are seven debating clubs in seven municipalities and the number of debaters from high schools is constantly growing. However, the debate club in Ferizaj already formed a team of RAE community debaters.
A major contribution to the organization of the Tournament “Kosovo Open 2011” has given the Kosovo Security Force, because this tournament was held in the Training and Doctrine Centre of KSF in Ferizaj for three days.
On Saturday and Sunday (7-8 April) during six rounds of debates have been faced 20 teams from seven municipalities in Kosovo. Meanwhile, semifinals and final were held on Monday. On semifinals were qualified four teams that had collected the most points based on the number of the won matches and the points that were collected from individual speakers within the team. Semifinals of this debate were: Team-Trifty Trifty, iHithat, Nemo and Sokratet. Meanwhile, in the final were Trifty-Trifty and iHithat. Debates were on the general topic of Safety and Freedoms and the final topic was “The use of violence of protesters could be justified.”
Judges in this tournament were former debaters who have previously taken part in the debate “Karl Popper” format. jury who judged the finals of this tournament, unanimously announced the winner of this tournament iHithat from Pristina. The winning team of this tournament will represent Kosovo in the international debate competitions IDEA Youth Forum 2012, which this year will be held in Mexico in July / August 2012.
The format of the debate ‘Karl Popper’ aims to handle the essential elements of a controversial issue. it stresses above all the development of critical thinking, tolerance and assessment of different views. This format was developed in schools and is supported by the Foundation for Open Society.
Prishtina, March 30, 2012 – Today, Movement FOL held the conference on the topic: “The confiscation of illegally acquired property.” The purpose of this conference was to argue for the importance of this draft law in fighting organized crime and corruptions, taking into account the regional experiences, respectively Albania, regarding the drafting and implementation of this law.
Panellists at the conference were representatives from the Ministry of Justice, the District Prosecution, Professors of Law Faculty of the University of Prishtina and Serious Crimes Prosecution Office of Albania.
Researcher at Movement FOL, Admir Salihu, said that “the Advisory Forum of NGOs for Anti corruption law package, part of which is also FOL, has held several consultative meetings, analyzing the content of the initial version of the draft law on confiscation of property acquired by criminal offense. This forum has concluded that the current draft law does not meet basic standards and that this forum has offered four recommendations to the basic principles of this law, “said Salihu.
Prosecutor of District Prosecution in Prishtina, Drita Hajdari, said that “there were cases of fighting crime, but there was no confiscation of property, according to her, this law would reduce this phenomenon. Confiscation is punishment and prevention as well, “said Hajdari. According to her, the draft law distinguishes the seizure and confiscation, seizure is a temporary measure, while the confiscation has to do with the definite taking of any property that becomes state property and the owner is unable to return the property.
The Representative from the Ministry of Justice, Baki Gimolli said that “The Draft Law on confiscation of property is still in its initial stage. We sent the initial draft to all other actors for various comments. “On April 5 will be the next meeting and present will be the other actors as well, but these recommendations will be considered one by one,” said Gimolli.
The Professor of Criminal Procedure at the University of Prishtina, Azem Hajdari, said that “this debate is very important because it has involved all relevant actors, but also for the fact that this draft law is in the process towards the finalization and will be a good suggestion for the Ministry of Justice to collect these conclusions and finally develop a draft, which provides solutions to the problem. Hajdari in his presentation was focused on the four recommendations of the Advisory Forum of NGOs, qualifying them as very important for this law. “The name of the law must change. The criminal offence is one of the most severe ways to gain wealth, but not the only one. Even without a criminal charge one could gain wealth. Without these observations and without their involvement, this law will have no value, “said Hajdari.
Meanwhile, Besnik Muçi from Prosecution of Serious Crimes of the Republic of Albania shared his legal basis and his experience in Albania regarding this field. Once unveiled the legislation and how it regulates the confiscation of the property illegally acquired, he also showed the results that have been attained in this direction since the approval of the Anti-Mafia Law. “Since the approval of the anti-Mafia Law in Court have been presented 40 requests for confiscation of assets, some even fell. The assets have been confiscated and became state property, such as houses, apartments, land, money, motor vehicles etc., worth about 10 million Euro “, Muci said.
Recommendations of the Conference
1. The name of the draft law should be changed, which at the same time reflects the scope and purpose of this draft law. The Forum recommends that the qualifying “assets obtained by criminal act” change to “assets obtained illegally” (even when not related to the criminal offense).
2. The property illegally acquired should be certified by the suspect, not by the official assignment. By transferring the burden of proof to the suspects, it would increase the possibility of more efficient fighting organized crime and illegal property. Such experience what the Forum recommends is also in the regional countries, like Albania, Slovenia and Bulgaria.
3. This draft law should also apply to assets illegally acquired by suspects, before this law became applicable.
4. Establishing specific mechanisms within the existing institutions (police, prosecutor, and court) is suggested in order to implement more effectively the legislation in this area.
5. Ministry of Justice is recommended to find spaces within the provisions of this law to decide the issue of property that may be without holder.
