Transparency: A reality unknown to Kosovo politicians

Prishtina, 28 September 2011 -On the occasion of The International Day of the Right to Know, FOL Movement expresses its concern about the lack of transparency of the institutions in our republic. Kosovo institutions, unfortunately still continue to be closed for citizens of Kosovo.

Movement FOL has consistently required public institutions to be transparent about their decisions, activities and actions. However, our requests in most cases have been ignored, including other requests from civil society and media. An example was the constant demand of civil society for transparency of negotiations between Kosovo and Serbia, then the request to make public all expenditures of public money, then the request to some ministries to open up procurement offices, etc. FOL believes that this lack of transparency is one of the most serious threats of democratization processes that our country is facing.

Furthermore, the Kosovo government has not only been transparent in relation to citizens of Kosovo, but neither to the only democratic body in the country, the Assembly of Kosovo. In this sense, some parliamentarians often complained that regarding some issues they did not have the slightest idea what was going on, such as the case of highway construction contracts and negotiations between Kosovo and Serbia, but that”s not all.

Precisely because of this lack of transparency of public institutions, FOL, last year has filed two complaints to the Municipal Court of Pristina because of the refusal of two applications by the Ministry of Infrastructure and the Municipality of Prishtina, regarding making public the construction contract of the highway and access to real estate documents of some state leaders. Even after a year, FOL has not received any information about the status of these cases, which shows political influence in the judiciary.
Therefore, FOL requires institutions of the republic to be transparent and accountable to the citizens of Kosovo, since this is the minimum requirement of democracy.

Corruption Monitor: Laws and anti-corruption decisions, just for show

Prishtina, September 25, 2011– Today Movement FOL held a press conference presenting its report Corruption’Monitor ‘, for the period July-August 2011. According to policy researcher, Armend Mazreku, “institutions, did not made any progress in fighting corruption”. Further, he stated that “despite the changes made in the context of anti-corruption legislation, there are still large legal gaps, which would further impede the intensification of institutional activities in the fight against corruption”.

The report shows that the Government of Kosovo during the two months (July-August) has approved a total of 88 (tetëdhjetetetë) decisions: 51 decisions in July, and 37 in August. In July were approved only 3 decisions against corruption, while in August it was even worse: with only one decision. Within these decisions are the draft-Law on Prevention of Conflict of Interest, the Declaration, Origin and Control of property of Senior Public Officials, Protection of informants, and the one on financing political parties;

Assembly during two months (July and August) has held a total of 8 plenary sessions: 2 emergency sessions and 6 regular sessions. 7 were held in July and only 1 in August. In the plenary sessions of July were reviewed the draft laws on Protection of informers; Public Procurement, Declaration, Origin and Controll of the Property of Senior Public Officials; Prevention of Conflict of Interest and financing political parties;
Kosovo Judicial Council (KJC) has been very little productive during July. In the context of “official misconduct” 122 cases were unsolved at the beginning of the reporting period, one case has been filed, one case has been ongoing, and only 2 cases have been solved, while 121 cases are unsolved. In the context of “taking bribes” 20 cases were unsolved at the beginning of the reporting period, no cases have been solved, 30 cases have been ongoing, and 30 of them unsolve at the end of the reporting period. But in the context of “giving bribes” 14 cases were unsolved at the beginning of the reporting period, 2 cases have been filed, 16 cases were ongoing, only one case has been solved and 15 other cases remain unsolved;

Statistics of the Department of Investigation of Economic Crimes and Corruption (DECC) shows that in the months from July to August have been conducted 277 investigations: 151 cases in July and 126 in August. As a result of these investigations have been arrested 11 officials: 3 in July and 8 in August. Also, 142 cases were sent to the Prosecution: 73 cases in July and 69 other cases in August. From these cases 87 cases were sent to the prosecution with identified suspects, 5 cases with N / N suspects. Meanwhile, within the cases sent with prosecutor’s report were 50 cases: 21 cases were sent in July and 29 cases in August. Meanwhile the value of alleged damages is ” 1,226,300.00: “666,313.00 in July and ” 559.987.00 in August;
Kosovo Customs during two last months have announced 6 disciplinary actions. The whole 6 were in July and none in August. Within these 6 disciplinary actions 2 were written warning, 2 were ban of promotion, 1 recommendation for non-extension of the employment contract, and another case transfer to another assignement. Meanwhile, in the Professional Standards Division were 2 cases: 1 case in July for unprofessional conduct and another case in June for abuse of official duty.
Publication of this report is supported by the British Embassy in Pristina.

GPS-s tender: technical acceptance promised in 10 days

Prishtina, 23 September 2011-Today, Movement FOL held the procurement debate on the topic “The procurement process in the Ministry of Public Administration – Tender: Expenditure management system of vehicles” or known as GPS-s tender. This tender received media and institutions attention, including investigations by the Anti Corruption Agency, whose representatives were not present at the debate.
Policy Researcher at Movement FOL, Armend Mazreku, stated that “the purpose of this debate is to clarify the mess created in the award of the GPS tender, in order to obtain a more objective overview of the different attitudes of institutions involved in this procurement process.”

The Director of Procurement Department in the Ministry of Public Administration, Arton Berisha, said “this ministry after the evaluation of the GPS tender bids, received a complaint from the Anti-Corruption Agency, which has complained that the company PBC Kosova has forged documents, thus we, the procurement board, have canceled the tender, and then we have been critisized from our ministry for cancellation of this tender, since the Anti-Corruption Agency decisions are only advisory and should not be taken as final. Then we turned the tender for re-evaluation and the tender was awarded to the company PBC Kosova “.
Whereas the expert of Procurement Review Body, Besim Mulaj, who had investigated this case on the appeal of the company “Logistics Plus”, justifying his opinion and the Evaluation of the PRB announced the official decision which was made with manufacturing companies to verify the licenses that the company PBC had. He further stated that “the Anti-Corruption Agency has sent a letter accusing the PBC Kosovo Company that has madeforgery of documents and then sends a written memorandum stating that he was not filing any charges against anyone, and this is absurd to our opinion”, stressed Mr. Mulaj.

On the other hand, PBC Kosova company director, Gazmend Selmani said “when the bids were opened, and we were potentialy to win this tender, the competitive company has asked us to withdraw from the tender. I do notwant to suppose that ACA has been influenced by the complainant but there is a connection between this company and the letter of Anti-Corruption Agency. “Mr. Selmani in this debate presented various documents showing that there is nothing counterfeit in this tender. Further, he claimed that the device that they have offered has been more advanced than it was required in the tender. Such a claim has been confirmed also by the MPA Procurement Officer, Mr. Berisha.

GPS tender was awarded in 2010 and is still in implementation stage. Most of the official vehicles are already equipped with GPS and it is nearly completed the control center, which enables visual control and real-time location of official vehicles and the amount fuel refill. Mr. Selmani from PBC Kosova said that within 10 days it may also be technical acceptance of the contract.

Inaugural meeting of the Advisory Board of the Movement FOL: Genc Salihu appointed chairman

Prishtina, 07 September 2011– It has been held the inaugural meeting of the Advisory Board of the Movement FOL, discusssing the general situation of the organization, including the election process in Movement FOL, semiannual report and financial one for the period January to June 2011, and attitudes the organization’s attitudes towards recent political developments in the country.

Executive Director of the Movement FOL Petrit Zogaj thanked the members of the Advisory Board for their willingness and commitment to help the organization. Stressing the importance of the Board on decision making process in the organization, Mr. Zogaj expressed confidence that cooperation with the Advisory Board will bring new successes to FOL Movement.

Advisory Board members welcomed the processes carried out in FOL and offered their support to the development and advancement of the organization in accomplishing its mission. Also during this meeting, Chairman of the Advisory Board was elected Mr. Genc Salihu, who will coordinate the activities of the Movement FOL Board. Advisory Board’s next meeting will be held on December 8 this year.

Truth o- Meter – The reckless statements of politicians

Statement: “The smuggling in border entries 1 and 31 is 100 percent stopped. We started for the first time to enforce law and order even in the most remote territory of the Republic of Kosovo”
Author: Hashim Thaçi ” Prime Minister
Date: August 2011
Evaluation: False
Justification: The country’s Prime Minister has said several times after the action of July 25 that with this action and deployment of KFOR smuggling in the north has been stopped. But, in the meeting on September 7 (Wednesday), Thaci denied himself by saying that we are working to stop the smuggling in the north. The prime minister also denied himself also regarding the customs officers on point 31 saying they”ve been there for awhile. At Wednesday’s meeting, Prime Minister has said that government is working to place the officers on points 1 and 31.

Statement: “Serbian officials who stay illegally in Kosovo and participating in violence can not be negotiators”
Author: Edita Tahiri, negotiator of Kosovës,
Date: August 2, 2011
Evaluation: Unstable
Justification: Deputy Prime Minister and negotiator of Kosovo, Edita Tahiri said confidently that Borislav Stefanovic is not worthy to sit at a negotiating table with. This is because he is constantly entering Kosovo illegally. But a month later, Tahiri met precisely the same man in Brussels, although publicly she was declared unvilling to meet hem. Later, Tahiri said he had requested the replacement of Stefanoviqit, but it was the Belgrade to decide. Knowing that it is not up to her, Tahiri either had to refuse negotiating with Stefanoviqin, or not comment his activities.

Statement: “The Government of Kosovo has not received any letters, or request. However, I would not allow under any circumstances, Kosovo government interfere in the affairs of the Assembly of Kosovo. Powers are separated. The Government of Kosovo carries out responsibily the decisions of the institution, the body that has elected, the Parliament of Kosovo”
Author: Hashim Thaçi ” Prime Minister
Date: July 13, 2011
Evaluation: False

Justification: The Prime Minister has changed his opinion very quickly about the issue of immunity, thus denying himself in a short time. When discussing the immunity of parliamentarians, in many appearances and interviews, as these statements show he said that this is something Kosovo government will not interfere because they respected the separation of powers. But only few days later he took the right to address to the Constitutional Court, generalizing the problem and asking clarification regarding the immunity of all bearers of public positions. In fact, the Prime Minister proved contradictory and again appeared ready to change statements and positions whenever it pleases him.

Statement: “There is an order, that if the Serb citizens of Kosovo are seen with Serbian Government number plates, they should be confiscated. That decision is valid and that order will be applied in the future”
Author: Bajram Rexhepi, Ministër i Brendshëm
Date: 26 prill 2011
Evaluation: False
Justification: Internal Minister has shown again that he is inconsistent with his attitudes. Shortly after this statement, he changed everything by saying that this issue would be solved through a dialogue. On July 13 Rexhepi said that he had asked the police chief to tolerate the possession of such Serbian documents, but only until November 1 this year. Already it is not clear, based on developments, if this will change as well, which would mean yet another change of attitude of the Minister Rexhepi.

Statement: “The operation conducted last night by the Kosovo authorities was not useful”
Author: Fernando Gentilini, EU Special Representative for Kosovo
Date: July 25, 2011
Evaluation: False
Justification: This statement of the first man of EU in Kosovo contradicts openly to what formally EULEX promotes. European mission says it has come to Kosovo to help the rule of law, while by the return of the situation before July 25, in fact requires the return of the reign of lawlessness in this part of the Republic of Kosovo.

The Meeting of the Assembly of Members: Petrit Zogaj elected Executive Director

Prishtina, September 2, 2011- According the Law on Freedom of Association in the Republic of Kosovo and the statutes of the organization, on August 27, 2011, was held the meeting of the Assembly of Members of the Movement FOL, which is the main decision making body in the organization. At this meeting was approved the semiannual report and financial report for the period January-June 2011.

During the period January to June 2011, FOL has conducted 10 different publications (Reports and Analysis), 5 press conferences, 14 round tables in the central and local level, coordinated two joint Civil Society statements, a public reaction , signed a memorandum of understanding for monitoring procurement with the Ministry of Justice, Ministry of Public Administration and the Ministry of Health and organized two “Karl Popper” debate tournaments with high school students, one in Peja and one in Vushtrri.

At this meeting was elected the new Director of the Movement FOL and also the new Board of the organization. With 17 votes pro and 3 abstentions, Petrit Zogaj was elected new director of the Movement FOL. By unanimous votes the new member of the Advisory Board are elected Mrs. Valdete Idrizi, Mr. Genc Salihu, Mr. Gezim Visoka and Mr. Halil Matoshi.
Petrit Zogaj is co-founder of Movement FOL and so far has been assigned as Program Manager. Petrit graduated in Political Science at the University of Pristina.
Movement FOL Thanks: Assembly of the Members, Advisory Board, Staff, especially thanks the former director of the Movement FOL, Mr. Ramadan Ilazi, who made an extraordinary contribution to achieving the objectives of the Movement FOL, contributing to the strengthening of civil society in Kosovo.

In three months, 16 violations of procurement procedures by the government, municipalities and public enterprises

Prishtina, 26 August 2011- Movement FOL within its commitment to fight corruption is focused on the procurement sector, considered the most corrupt sector in Kosovo. As a result of monitoring of procurement, there are regular reports “Corruption Monitor”, published by FOL where the key findings are reflected in the award of public contracts. Such a report is published today, the second since FOL begun monitoring procurement in March 2011.

During a press conference today publishing “Procurement Monitor” for the period April-June 2011, Project Coordinator for Procurement Monitoring at Movement FOL, Fidan Kalaja, said that “since March of this year when Movement FOL made a request to monitor the procurement offices of the five ministries, with three of these ministries, the Ministry of Justice, Ministry of Public Administration and the Ministry of Health has managed to sign understanding memorandums whereas with two other ministries, ministry of education and infrastructure we did not managed to sign the memorandum. “He further added that “since the beginning of the monitoring of Procurement in the Ministry of Justice, FOL has monitored 16 procurement procedures (not including re-tendering) of which were cancelled or re-tendered 5 tenders, in the Ministry of Public Administration we have monitored 7 tenders where one of them has been re-published two other times. For the first time, thanks to the initiative of FOL, several papers have been invited to monitor the million bid evaluation procedures for construction of MKSF building. Minwhile the Ministry of Health, although there is a memorandum signed by the Minister Agani, the procurement office has not been cooperating by refusing participation of FOL in evaluation of bids meetings. FOL has prepared a report on abuses in this ministry and we are expecting to discuss this report with the Minister next week, the report will be public after the meeting. “

Researcher of Movement FOL Armend Mazreku presented the data of the report “Procurement Monitor”, stating that “during this reporting period we find out that it is just like before the old legal violations committed by the ministries and other public institutions regarding procurement procedures “. He stated that “the Government of Kosovo during the period April – June has committed 5 violations, these violations have occurred in the Ministry of Infrastructure, Ministry of Public Administration, Ministry of Finance, Ministry of Agriculture, Ministry of Culture, Youth and Sports”. Also according to him “public enterprises respectively Kosovo Energy Corporation has violated two procurement activities, while municipalities have committed 9 violations during this period

FOL Openly for procurement in the Ministry of Justice

Prishtina August 19, 2011 – Movement FOL held the next day debate of the Forum FOL Openly, discussing the procurement in the Ministry of Justice, including the tender for the supply of meat and meat products in this Ministry.

Panellists in this debate were the chancellor of the Minister of Justice Mrs. Laura Zherka, Besnik Tahiri acting procurement officer in the Ministry of Justice and Admir Salihu from Movement FOL.
Laura Zherka, chancellor of the Minister said “the Ministry of Justice has invited all political parties, media and NGOs to participate in the monitoring of procurement procedures in this ministry, the ministry also during this term has made some changes in terms of procurement procedures, starting with the selection of admissions committee members, who are selected 3 hours before the bids are opened, which leaves no room for misuse, as well as website of the Ministry of Justice is completed with all the details about tenders and expenses of this ministry, “she concluded.

Besnik Tahiri, also repeated that the Ministry of Justice from this term is opened to all NGOs, and the concerns of NGOs are taken into account by the Ministry. Regarding the tender for the supply of meat products, he said that “the procurement process has been opened.” “After the procurement procedure has been closed there was a complaint by an economic operator, thus the PRB, return the tender for re-evaluation”. According to him, “the decision of the PRB is respected, but there was a request to the PPRC for interpretation of the law, which is the basis of the tender process.” After a meeting with PPRC and ACA organized by Minister Kuçi, a decision was taken that this tender will be cancelled and re-tendered.

Admir Salihu, monitoring officer at FOL Movement said “monitoring at the Ministry of Justice is being done in conformity with the memorandum of understanding with this ministry”. Regarding this tender “Our suspicion from the beginning had to do with the existence of the possibility of cooperation between economic operators and the requesting unit, and the possibility that the economic operator had knowledge about the availability of funds for this tender of this ministry.” movement FOL actively participated in the proceedings of tenders opening and evaluation. Movement FOL has monitored 16 tender at this Ministry so far, not including re-tendering. According to Mr. Salihu “during this period we have written 5 reports, where we have addressed the problems identified during the bidding process, and the recommendations of these reports have been implemented by this Ministry.”
The debate continued with discussions between panellists and participants present at the debate.

Speak Openly to the latest political developments in the country

Prishtina August 11, 2011– Movement FOL held the next day debate of the Forum FOL Openly, to discuss the latest political developments in the country, including the decision on imposing reciprocity, and the Kosovo Police intervention in point 1 and 31 in northern Kosovo. Panellists in this debate were the French Ambassador Mr. Jean-Francois Fitou and Koha Ditore newspaper editor, Mr. Agron Bajrami.

Ambassador Fitou said that “Kosovo Police intervention in point 1 and 31 was surprising to us, but it was necessary, he said now we must deal with the new situation, which is created, which in a way or another is provoked by the government of Kosovo “. He further added that “The Government of Kosovo should implement reciprocity measures in the north, but we all must work not to worsen the situation there.” “Separation of the north of Kosovo cannot even be discussed, but what we recommend is to try once again implementing the Ahtisari package, a package which provides great opportunities for decentralization, and as for me it is among the most flexible documents that Kosovo has, and through which we could find a solution for the north of Kosovo, “he added. Ambassador Fitou said that “regarding the presence and the role of international institutions in the north, I think that in the current situation it is best for KFOR to create a kind of security for citizens who are there, on the other hand EULEX should be more prepared regarding involvement of the rule of law in the north “. “In Kosovo, there will be not a second Bosnia, there will be no separation, but what we must care is the implementation of the Ahtisaari package, fighting smuggling and organized crime, establishing the rule of law and work for Kosovo integration in EU, “concluded his speech Ambassador Fitou providing security and guarantees for this.

Koha Ditore newspaper editor, Mr. Agron Bajrami said that “during the last 12 years there were even more delicate situation, where the Government of Kosovo was supposed to intervene in the north, but this does not make this decision wrong. He further added that “the decision by the Government of Kosovo has been more apolitical-administrative decision, which was actually right, but not complete.” With the intervention of the Government of Kosovo on July 25, except that had to be taken under control border points 1 and 31, it was also supposed to isolated parallel structures in the north, stopping organized crime, arresting people involved in smuggling and organized crime. He said that “Ahtisaari”s plan is nothing more than talking about decentralization, but what we must insist during talks with Serbia is that it recognized us as a sovereign state, that would be a good solution not only for Kosovo, but also for the entire region. “

The debate continued with discussions between panellists and participants present at the debate.

SPEAK OPENLY: ON TRANSPARENCY OF PUBLIC INVESTMENT IN ROAD INFRASTRUCTURE

Prishtina, 29 July 2011-Movement FOL held the next day debate of the Forum SPEAK Openly, discussing “On the transparency of public investment in road infrastructure,” at same time publishing the report on procurement in the Ministry of Infrastructure. Panellists in this debate were the Secretary General at the Ministry of Infrastructure, Mr. Skender Gashi, and Project Coordinator in FOL Movement, Mr. Fidan Kalaja.

Secretary General at this ministry, Mr. Skender Gashi, said that “we should promote transparency especially when it comes to public money.” He stressed that “in 2009, 207 projects were implemented by the ministry about, in 2010 about 92 of them and during the six month period this year 58 projects.” He stated that “internal control of public finances provides accountability of management ensuring compliance with relevant legislation, descriptions of the budget and financial management principles, transparent, efficient, effective and economical”. Regarding the contract for construction of highway Morine-Merdare he said “he was not involved in this process and that this contract goes beyond his powers as secretary of this ministry.”

Project Coordinator, Mr. Fidan Kalaja said that the Ministry of Infrastructure, except that leads regarding the budget that was allocated for capital investment, it also is leads for the number of contracts and their value. Only during the last two years (2009-2010), this Ministry has signed over 270 contracts, worth about 821 million euros, including a contract for construction of highway Morine-Merdare.

He emphasized that a special attention was paid to the analysis of procurement procedures selecting the supervisory company on the highway. According to him, the Ministry of Infrastructure on June 15 2011, has awarded the tender for the supervision of works on the highway to the company “Hill International”, the offer was 6 million and 950 thousand euros. In the announcement of the contract award of the Ministry was stated that the winner was announced the branch in Luxembourg of this American company. Two vice presidents of this company in America Mr. Robert L. Burnet and Mr. Mohamed A. El Zahab, worked for years in the American corporation “Bechtel”, which is contracted to construct the highway.

According to this report there are cases where companies which have won tenders have hired people from political parties or people who are close to them. Such cases are in the tender for vertical and horizontal signalling in national and regional network of the Republic of Kosovo where the winning company is the company “RSM”, a company where the parliamentarian Rexhep Selimi is getting paid. The other case is the tender for reconstruction of the road Llukafc – Tomoc where winning company “Victoria Invest International” in its background presents its relation with the politician Blerim Kuci. One of the winning companies of the tender “vertical and horizontal signalling in national and regional network of the Republic of Kosovo” is the company “Drenica”, where its owner, Mr. Ismet Shamolli who also is an official of “Eurokos” a company that has acquired one of the lots of this tender. According to the report in this year the Ministry of Infrastructure has continued with the compensation practices to the companies that have shown to be irresponsible and have delayed work on projects prior to MTC, as is the case with the company “Arda Rei”, which was contracted to accomplish the work of round junction. In the tender for summer and winter maintenance of roads, according to the report during the announcement of the winners of this tender the Ministry of Infrastructure has used the elimination criteria of companies.

This activity was made possible with the support of USAID through the Program for Strengthening Civil Society implemented by ISC – Institute for Sustainable Communities

FOL announces the Government “Miss Corruption”

Prishtina, July 19, 2011 – Today Movement FOL showed a performance, showing the lack of seriousness of institutions in fighting corruption.
In a strong competition between the Kosovo institutions, which are competing to win the award “Miss Corruption”, the assessment jury, consisting of international reports and FOL continuous monitoring of public institutions of Kosovo, has unanimously decided to award the Government of Kosovo “Miss Corruption”. Considering the high level of corruption, which is widespread in governmental departments, such a decision was neither sudden nor unexpected for senior government officials.
After awarding the first prize, the jury decided to award “the first follower of Miss Corruption” prize to two other “beauties”: PTK and KEC. This award was the result of numerous irregularities in the procurement, fees of out of control and contracts harmful to citizens.

Besides these two prices, the jury decided to award “the second follower of Miss Corruption” the Judicial System of Kosovo. Justifications of the jury have been the lack of judges and prosecutors, numerous irregularities that have accompanied their (re) election, and an unwillingness to solve corruption cases.

Armend Mazreku policy analyst in the Movement FOL said that FOL through this performance express its dissatisfaction and the dissatisfaction of the citizens of Kosovo regarding the high level of corruption in country”s institutions. “In addition, FOL urges all institutions of the country to fight seriously corruption, to work for the sake of the citizens of Kosovo and definitely establish rule of law,” said Mazreku.

Olofsson SPEAK Openly: “We don”t have a good governance system in Kosovo”

Prishtina, July 15, 2011 – Movement FOL held the next day debating of the forum “SPEAK Openly” with General Auditory of Kosovo, Mr. Lars Lage Olofsson, discussing “The responsibility and accountability of the expenditure of public money” but also the reports of this institution dealing with the audit of financial statements of the institutions of Kosovo.

Policy Analyst in the Movement FOL Armend Mazreku, said that Kosovo institutions except that they should be accountable and transparent to other institutions, they must be to citizens of Kosovo as well.

Auditor General of Kosovo, Mr. Lars Lage Olofsson, said that one of his tasks is to build a modern auditor and to contribute to better governance in Kosovo. “In Kosovo we don”t have a good governance system; there is lack of understanding of a good system of organization works. This system is not only the public sector; the system should also involve the civil society. The main issue here is that we have a bureaucracy in terms of selection of people. These people have responsibilities. The fact that the budget is left in their trust, they should do that the best way p[possible, in a transparent manner and it is everyone’s responsibility. It is very easy to be done, one only has to be willing for that, “Olofsson said. How this money is spent, it is the main purpose of the Auditor General in Kosovo.

Further Olofsson said that everyone should be aware of his duty and responsibility. “We must build mechanisms of control and balance, in order to build a genuine democratic system.”
He stated that during the time he has been here, he has started a progress for a better system. “It is important that things be addressed at the same level. Over the years the system is getting better and this has to do with the procurement. It is also very important to discuss the financing of political parties. Political parties are private and not public sector, so it is not a good European standard that we deal with political parties. It is not our job to deal with political parties. This is a work of the CEC, and then we go and audit the CEC and see how they have done this work and see how much money was given to a party. “

Olofsson said that the contract with Bechtel & Enka to construct the highway is one of the 40 projects to be audited during this year. According to him, people in Kosovo, cannot come together as a nation, as a country to save public money. “People here are divided into families, clans, etc., and do not get together to protect their interests. Even politicians should be more careful what decisions need to be taken. When you’re sitting in a position where you can make decisions, it should be very clear to you what future may your children have. People here see only a short time, only two years, so this should be changed and they should think for the future generations. “

Auditor General promised that they are knocking on the door of each institution and recall them that they are not doing their job properly, and he said that he does not want its recommendations implemented by the institutions, because they would not learn anything.

The conclusions of Kosovo-Serbia talks should be transparent

Prishtina, July 7, 2011– Movement FOL requires Prime Minister of Kosovo Mr. Hashim Thaci to keep informed the citizens of the Republic of Kosovo with the conclusions of negotiations between Kosovo and Serbia mediated by European Union.
Being aware of the importance of these talks, the citizens of Kosovo must be notified regarding any conclusion or agreement. Transparency and accountability in this process of talks with Serbia would help in many aspects, including the need of citizens of Kosovo to be sure that the country will benefit from this process.

At the beginning of June in the Forum Speak Openly it has been discussed about Kosovo and Serbia talks. Conclusions made in this discussion were that the status quo in Kosovo is helping crime in the north, then that Kosovo began negotiations without previous preparation of public opinion, without a strategy for public ownership in this process and it was mentioned that the transparency of these negotiations is essential to increase public support for any eventual agreement.
Check this link to get the full report on discussions Speak Openly regarding Kosovo ” Serbia talks http://levizjafol.org/images/uploads/files/Sfida_e_Dialogut_Kosove-Serbi.PDF

Corruption Monitor for January-May 2011

Monitoring Report on Kosovo Public Institutions activities on Fight against Corruption January-May 2011

 
Corruption Monitor for January-May 2011

SPEAK Openly with Prosecution in Prishtina municipality

Prishtina, 29 June 2011-FOL Movement in collaboration with the State Chief Prosecution, have conducted the debate in Prishtina municipality, within the campaign “Prosecutions closer to the citizen”. Participants in this debate were the representatives of civil society, media and citizens of these municipalities. The panel members present were Chief Prosecutor in Kosovo, Mr. Ismet Kabashi, Deputy Chief Prosecutor of the Special Prosecution Mrs. Sevdije Morina, District Chief Prosecutor in Pristina, Mr. Alexander Lumezi, Municipal Chief Prosecutor in Pristina, Mr. Haki Gecaj and Mrs. Drita Hajdari Coordinator of Corruption Cases.

Petrit Zogaj from FOL Movement, thanking the participants said that “FOL Movement in collaboration with the State Chief Prosecutor today, are running the seventh debate in Kosovo in seven main centres within the campaign” Prosecutions closer to the citizen “, whereby both aim to increase information about the role and work of the prosecution, to discuss challenges, constraints and future plans, to encourage citizens to cooperate with prosecutors, and to discuss the perception created for the prosecutor in Kosovo “.

State chief prosecutor, Mr. Kabashi said that the prosecution is very interested to be a fully transparent institution towards citizens, civil society and media and appreciated the initiative of Movement FOL for its commitment to the realization of this campaign. Mr. Kabashi said that “the prosecution system in Kosovo is currently facing a problem regarding of public perception to prosecution, where the latter in most cases is perceived to represent the judicial system, but people must understand and distinguish that the prosecution is an independent system and is a party of the proceedings “. According to him “conditions in 2010 are more favourable for prosecution to be a more efficient institution, finances of the prosecutors has improved significantly and the process of appointment and re-appointment of prosecutors has provided prosecutors with professional credibility and high moral integrity and ethics “. He added that “the prosecution in 2010 has managed to precede 8.2% more cases than the previous year and this year there have been many more cases of registration of citizens in the prosecution.” Prosecution will pay particular attention to cases dealing with corruption and organized crime which, according to prosecutor Kabashi “within the Special Prosecutor was created the task forces to fight anti-corruption and in all of the district prosecutions has been assigned a prosecutor who deals with the investigation of these cases. “

The debate continued with the Deputy Chief Prosecutor of the Special Prosecutor, Ms. Sevdije Morina, who presented the history of the operation of this prosecution, she said that “this prosecution is founded in 2006, while in 2008 was approved the Law on Special Prosecution.” She said this prosecution is paying a particular attention to cases related to organized crime and corruption, that”s why last year was also established the task forces. This prosecution according to Mrs. Morina is composed of four sectors, “the sector against terrorism, war crimes, organized crime and money laundering, where for each sector are profiled special prosecutors.” Mrs. Morina ended her speech by saying that “special prosecution cases are very complicated and therefore the investigation process can be last up to 24 months.” Since 2006, the prosecutor has handled 250 cases where among these cases 67 were of war crimes.

District Chief Prosecutor in Pristina, Mr. Alexander Lumezi, said that this prosecution is overcharged considering the large number of the cases and the territory covered. This prosecution according to him “includes about 45% of the territory of Kosovo, with about one million inhabitants and covers most of central and public institutions of Kosovo.” No matter this fact, this prosecution was the most successful and efficient prosecution “where only one prosecutor has processed over 180 cases in 2010,” said Mr. Lumezi. We are making utmost efforts to be accountable and transparent institution.

The debate continued with Mr. Haki Gecaj, Municipal Chief Prosecutor in Prishtina, who said: “This prosecution has 16 prosecutors, 2 of them are delegated to the District Court and are now in the process of profiling prosecutors under investigation natures.” Municipal prosecution according to Mr. Gecaj, is the most charged prosecution ” only in 2010 we have accepted over 3400 adult cases, over 165 juvenile cases, approximately 1716 cases and 3943 various criminal charges against unknown suspects”. He said the priority of this prosecution has been investigating abuses during the election commissioners last year, so far “about 64 cases have been handled and investigations are ongoing for other cases.”

After that, the discussion was opened to the participants and had questions and answers, between participants and panellists invited to this debate.

SPEAK Openly with Prosecution in Mitrovica

Mitrovica, June 27, 2011 ” FOL Movement in cooperation with the State Chief Prosecutor held the debate in the municipality of Mitrovica, within the campaign “Prosecutions closer to the citizen”. Participants in these debates have been representatives of civil society, media, and representatives of political parties and citizens of these municipalities. The panel members were Chief Prosecutor of Kosovo, Mr. Ismet Kabashi, District Chief Prosecutor in Mitrovica, Mr. Shyqri Syla, Municipal Chief Prosecutor in Mitrovica, Mr. Faruk Korenica.

Petrit Zogaj from FOL Movement, thanking the participants said that “these debates are taking place in order to clarify the work of prosecutors, which is often confused with the work of the judiciary and for many unsolved cases the prosecution is blamed.”

State chief prosecutor, Mr. Kabashi after talking about the organizational structure and responsibilities of the prosecution, said that “currently in Kosovo are engaged 78 prosecutors whereas there should be 146 of them.” However, according to him, for all vacancies there is an advertised vacancy and it is that believed by the end of October or early November this process of selection of the prosecutors will end. He said that “according to the new law, prosecutors’ selection will be conducted by Kosovo Prosecutorial Council, and it is believed that no more others could impact on their work since they have perpetual contract of work “. According to Kabashi, in 2010 the prosecution has solved 71% of the cases, and that 95% of the charges are confirmed by the courts. Regarding the functioning of the prosecution in the district of Mitrovica, Kabashi said we are informed about the hard conditions because of non – functioning of the building in the north. He said that by Tuesday, will begin renovating the building of the prosecution in northern Mitrovica and it will make it easier to work.

Meanwhile, Shyqri Syla, District Chief Prosecutor in Mitrovica, said that there is a shortage of prosecutors and in addition he mentioned that in 20 meters square work 4 prosecutors. “Because of bad conditions we are working in the court premises in Vushtrri and we are forced to operate with only one on call prosecutor and we deal only with emergency cases,” said Syla.

Whereas, the Municipal Chief Prosecutor of Mitrovica, Faruk Korenica, estimated the situation in this prosecution as alarming. “We have only one prosecutor and a deputy prosecutor and that by law there must be 9 of them.” According to him on this prosecution are piled up many cases, and that once we asked the police stations not to send more cases because they don”t even have space to store them. “We work in 15 m / square and what is the worst we have no room or office where we could talk with witnesses” Korenica said, adding that some months ago the State Chief Prosecutor has ordered that all cases must be received so we had to receive them.

After this, the discussion was opened to the participants and had questions and answers, between participants and panellists invited to this debate.

Speak Openly with Prosecution in the city of Prizren

Prizren, 24 June 2011– Movement FOL in cooperation with the State Chief Prosecutor, have conducted the debate in the municipality of Prizren, within the campaign “Prosecutions closer to the citizen”. Participants in these debates have been representatives of civil society, media, and representatives of political parties and citizens of these municipalities. The panel members present were the Chief Prosecutor of Kosovo, Mr. Ismet Kabashi, District Chief Prosecutor in Prizren, Mrs. Ervehe Gashi, Municipal Chief Prosecutor in Prizren, Mr. Enver Sokoli.

Petrit Zogaj of FOL Movement, thanking the participants said that “today is the third day and the fifth debate of Movement FOL in collaboration with the State Chief Prosecutor since we have began the campaign” Prosecutions closer to the citizen “, whereby the aim is that the public be informed for the performance and results of the state prosecution and other municipal and district prosecution”.

State Chief prosecutor, Mr. Kabashi said that “the purpose of this campaign is that the public be notified of the prosecution system, the prosecution’s activities and the results of the prosecutions on one hand and on the other hand to receive information and complaints from the public in order to improve the image and to raise the level of efficiency and transparency of the prosecution. “Also, according to the chief prosecutor there are normal preconditions that the prosecution be an independent institution, where the “finances of the prosecutors has improved significantly, the establishment and Prosecutorial Council powers and laws approved last year for the courts and prosecution.” In this context, according to him it should be taken into consideration that the prosecution has filed charges against 249 political commissioners who are suspected of abusing the electoral process last year. With the new law in 2013, the basic prosecution which will be established in Gjakova municipality which will include two municipalities currently under the District Court of Prizren, Rahovec Municipality and Malisheva Municipality, finished his speech, State Chief Prosecutor Mr. Ismet Kabashi.

The debate continued with the Prosecutor of Prizren District Prosecution, Mrs. Ervehe Gashi, who said: “This prosecution has six prosecutors and we may consider as a priority the new building of this prosecution which has advanced the work of Prizren District Prosecution.” Regarding the institutions that have filed criminal charges are the police, followed by citizens, Anti-Corruption Agency and the Tax Administration. Cases dealing with the corruption, have been priority of the district prosecution ” we have processed 13 cases, 10 of them have ended up in custody, 1 was dismissed and in two were ceased the investigations.”

Mr. Enver Sokoli, chief prosecutor in Prizren Municipal Prosecution said that “During 2010 we had around 3223 cases”. He said the priority of this prosecution has been fighting corruption, election commissioners” cases, and juvenile cases. According to him “there are 34 cases dealing with corruption only in 2011”.

After this, the discussion was opened to the participants and had questions and answers, between participants and panellists invited to this debate.

FOL for two years

Prishtina, 25 June 2011 – Today Movement FOL did two years since its establishment. During these two years, FOL has been attentive care of the functioning of democratic institutions in the country. Our work has been supported by public opinion, citizens, media and institutions.

FOL highly appreciates the undeniable support of the media and citizens on the issues we have raised and will try to continue the mission with the same dynamic, always protecting the public interest of citizens.FOL will not be silent about developments in the country, constantly insisting on creating a decent living environment for all citizens.
FOL will always speak for civic interest!

“SPEAK Openly” – Implementation of the Law on Courts and the Fight against Corruption

Prishtina, 24 June 2011– Movement FOL held the next debate of the forum “SPEAK Openly”, to discuss the implementation of the Law on Courts and the fight against corruption. Invited to this discussion were the Chairman of the Judicial Council of Kosovo, Mr. Enver Peci and Director of Corruption Prevention of the Anti-Corruption Agency, Jetullah Aliu. Additionally, during this debate was published the five-month report of the institutional activities in the fight against corruption (January-May 2011).

The Chairman of the Judicial Council of Kosovo, Enver Peci, stated that the judiciary itself accepts and is not satisfied with the achievements so far. “The problem is the need for additional judges, since approximately 2000 cases are assigned only for one judge. In order to coordinate the work and increase the confidence of the citizens, we have compiled the strategy for solving cases based on the years they have been filed where the goal is that the cases are processed according their record order”.

According to him, the motivation of administrative staff is weak, thus we could not assign spokesmen in courts, where citizens could be more informed. “To have a system really trustworthy, it takes time. Only the reappointment process has taken at least two years and we think that in future we should not appoint any judge without investigating his past. “Therefore, the judicial system is being reformed, he said.

Meanwhile, the Director of Corruption Prevention of Anti-Corruption Agency, Jetullah Aliu, said that ACA has repeatedly emphasized that corruption in Kosovo exists and in worrying proportions and this is shown also in various international reports. According to him, the recent recommendation of ACA was that the Law on Public Procurement be amended. “In the last report that we have made public, regarding declaration of the property, we see that there are a lot of millionaires, and in a poor country such as Kosovo and with a salary like they are, it is hard to attain that much property,” said Aliu. According to him ACA is also working regarding the conflict of interest, which by so far are being investigated 30 cases suspecting senior officials are in conflict of interest.

Policy analyst in the Movement FOL Armend Mazreku, while presenting the five-month report on institutional activities in the fight against corruption (January-May 2011), said that the Government of Kosovo from 80 decisions that have been approved during this period, only one has been in the fight against corruption, while at the same period of last year there were more activities in the fight against corruption. According to him, public institutions marked a setback regarding the fight against corruption.

Speak Openly with Prosecution of Gjilan and Ferizaj

Gjilan-Ferizaj, June 22, 2011– Movement FOL in cooperation with the State Chief Prosecutor, were in the next debate in Gjilan and Ferizaj within the campaign “Prosecutions closer to the citizen”. Participants in these debates have been representatives of civil society, media, and representatives of political parties and citizens of these municipalities. The panel members were Chief Prosecutor of Kosovo Prosecution, Mr. Ismet Kabashi, Mr. Jetish Maloku, Chief Prosecutor of District Prosecution in Gjilan, Mrs. Rabije Jakupi, chief Municipal Prosecutor in Gjilan, Mr. Alexander Lumezi, Chief District Prosecutor of Prishtina Prosecution and Mr. Shukri Jashari, the Chief Prosecutor of Municipal Prosecution in Ferizaj.

Petrit Zogaj of Movement FOL, thanking the participants said that ” Movement FOL in collaboration with the State Chief Prosecutor have initiated the campaign” Prosecutions closer to the citizen “, whereby the aim is that through the direct information of citizens, media and civil society, by Kosovo Chief Prosecutor, Chief Prosecutors of District Prosecutions and Municipal Prosecutors, to increase the level of transparency of this institution. “

State Chief Prosecutor, Mr. Kabashi said that the prosecution of the state through this campaign aims that the prosecution and prosecutors be closer to citizens, to inform them of the work of the prosecution and encourage them to cooperate closely with the prosecution. “According to him the year 2010 has been a successful year for the prosecution “even though prosecutors were faced with a large volume of work, the quality of this work is measured by the decisions of confirmed cases, where 95% of the cases of the prosecution have been confirmed by the courts. “Also, according to the chief prosecutor there are normal preconditions that the prosecution be an independent institution, where the “finances of the prosecutors has improved significantly, the establishment and Prosecutorial Council powers and laws approved last year for the courts and prosecution.” Mr. Kabashi in the debate conducted in Ferizaj said that thanks to the law on the courts approved last year, the municipality of Ferizaj will be with the Basic Court and Prosecution in 2013.

The debate continued with the Chief District Prosecutor in Gjilan, Mr. Jetish Maloku, who made a brief presentation of the work of the prosecution for the year 2010 and the first half of 2011. He said that “during 2010 there were about 335 cases, for 312 were filed criminal charges involving 422 grown up people and this number of cases is much higher than in 2009”. According to him, cases dealing with corruption and organized crime are given priority by the District Prosecution in Gjilan, where “in 2010 were processed 8 cases, 6 cases have been solved and two are being investigated and for the first half of the year 2011 were 10 cases, 7 of them were solved and 3 are being investigated. “Mr. Maloku emphasized that in order to increase transparency of prosecution many steps have been taken that the institution could be opened to the public as one of the main elements of restoring public trust in this institution.

Mrs. Rabije Jakupi, chief Municipal Prosecutor in Gjilan, after making a brief presentation of the report of the work of the prosecution for the year 2010, said, “Municipal Prosecution of Gjilan is one of the most successful prosecutions in Kosovo regarding the processing of the cases in court and their solving. “

In the debate held in Ferizaj, was also present the Chief District Prosecutor of Pristina, Mr. Alexander Lumezi, who said that this prosecution is the most charged regarding cases dealing with corruption and organized crime. In this context this prosecution “has filed 12 charges relating corruption”.

While Mr. Shukri Jashari, the Chief Municipal Prosecutor in Ferizaj, said “that in this prosecution are engaged four prosecutors and that until June 2011 were 1343 cases of adults and 122 cases of juveniles.” He added that this prosecution implements the plan that every day the citizens are accepted in the prosecutor’s office in order to increase the transparency of the institution of prosecution.

After this, the discussion was opened to the participants and had questions and answers, between participants and panellists invited to this debate.