FOL meets the President of the Constitutional Court

Prishtina, March 21, 2011– Movement FOL has met the President of the Constitutional Court, Mr. Enver Hasani to discuss about increasing the cooperation between civil society and the Constitutional Court in support of the rule of law. Ilazi Ramadan, introduced Mr. Hassani with activities of Movement FOL and expressed the importance and the need for greater cooperation between the judiciary and civil society in advancing the rule of law, also considering the work of the Constitutional Court as positive which has increased the public’s confidence in the rule of law.

The President of the Constitutional Court Mr. Hassan agreed regarding the role of civil society in support of the rule of law and was open to cooperation within the civil society as law allows. At this meeting Mr. FOL movement handed over a legal analysis to Mr. Hasani regarding the selection of the President of the country in February 22, 2011.

Statement in defense of freedom of expression and freedom of association

Prishtina, 22 March 2011– We, the undersigned organizations, express our concern regarding the latest attacks of one part of the media in relation to the legitimate initiative of civil society to act in defense of the rule of law and the integrity of public institutions of Republic of Kosovo.

A document, a draft plan that was public and that was circulated for discussion among nongovernmental organizations, was qualified as an attempt for “coup”, “plot” or “rebellion” against institutions of the country, which was not at all the purpose of the respective initiative.

Misinterpretation of this initiative and attempts to present it as threatening, evil-minded and illegal undermine the democratic character of Kosovo, where Freedom of Expression and Freedom of Association are fundamental democratic rights, protected under the Constitution of the country and international conventions. The campaign of threatening and denigrating reports against organisations that were part of this initiative has harmed personal integrity and life of the people involved.

This campaign was also an effort to crush the civil reaction in the defence of public interest, classifying the forms of democratic reaction as anti-constitutional and against the law. Civil society exists and it is obliged to deal with issues of public interest, in all forms permitted under the law and which are based on universal democratic principles.

Respect of legitimate forms for expressing citizens” discontent defines a democratic state and there should be no compromise in this regard.

Signed by:

Democratic Institute of Kosovo (KDI), the Kosovar Civil Society Foundation (KCSF), FOL Movement, Eye of Vision, Balkan Policy Institute (IPOL), Womens Network of Kosovo, the Center for Policy and Advocacy (QPA), Youth Initiative for Human Rights (YIHR), Kosovo United States Alumni, Developing Together (DT), Ec Ma Ndryshe

FOL meets the President of the Constitutional Court

Prishtina, March 21, 2011– Movement FOL has met the President of the Constitutional Court, Mr. Enver Hasani to discuss about increasing the cooperation between civil society and the Constitutional Court in support of the rule of law. Ilazi Ramadan, introduced Mr. Hassani with activities of Movement FOL and expressed the importance and the need for greater cooperation between the judiciary and civil society in advancing the rule of law, also considering the work of the Constitutional Court as positive which has increased the public’s confidence in the rule of law.

The President of the Constitutional Court Mr. Hassan agreed regarding the role of civil society in support of the rule of law and was open to cooperation within the civil society as law allows. At this meeting Mr. FOL movement handed over a legal analysis to Mr. Hasani regarding the selection of the President of the country in February 22, 2011.

Publication of the report “Public Investment in Education Sector – Higher Education Sector 2008-2010”

Prishtina March 16, 2011 ” Today Movement FOL held a press conference and presented the report on “Public Investment in Education Sector – Higher Education Sector from 2008 to 2010”.

Fidan Kalaja of Movement FOL appealed for more transparency in public investments and required a greater involvement of civil society in designing and setting priorities for the education sector.

Meanwhile, policy analyst, Armend Mazreku, has presented the findings of this report. “Despite the progress achieved during the years 2008, 2009, 2010, there are still major problems and challenges,” said Mazreku. He has requested that the education sector must be re-dimensioned, so that it should not be seen as a problem in itself, but as an opportunity for overall socio-economic, cultural and political development. “Institutions of higher education should be oriented towards the sphere of research and scientific publications, and not only in their teaching function. Then, another problem is insufficient infrastructure, lack of academic staff and small budget for education sector in general and in particular higher education. “

For further details see the executive summary presented by Mr. Mazreku:

During the period 2004-2007 have been invested 121 million euros. In 2004 around 35 million euros, in 2005 about 24 million euros, in 2006 about 27 million euros and in 2007 about 33 million euros. This investment shows a fixed position regarding the focus on enhancing the quality of the education system in general.

From 2008 until 2010 have been invested about 146 milion euros. In 2008 around 56 million euros, in 2009 about 52 million euros, whereas in 2010 has been a decrease in these investment, 37 million euros;

Public funds according to the Medium Term Expenditure Framework 2011-2013 will be around 174 million euros. For the year 2011 are planned 57 million euros, in 2012 about 55 million euros, and in 2013 it will grow to about 61 million euros;

The organizational structure of institutions of higher education is consisted of two public universities, 10 private university colleges, five professional schools and three institutes. In the context of their work are 122 public programs, 69 private, 6 from institutes and 14 from professional schools. These programs include the undergraduate level (Bachelor) and graduate level (Masters).

In 2008 in higher education were invested around 15 million euros. About 8 million euros have been spent on salaries, over 3 million for goods and services, about 1 million euros for municipal expenditures and 2.3 million on capital investments. The University of Prishtina has spent 7.3 million euros for salaries, 2.8 million euros for goods and services, 945 thousand euros for municipal expenses. The Student Centre has spent in all categories 1.1 million euros, 480 thousand euros were spent by Institutes, and 116 thousand euros by Pedagogical Institute;

During 2009 in higher education have been invested 13.6 million euros. Kosovo government has invested 8.5 million euros for salaries, 3.3 million euros for goods and services, 1.3 million for municipal expenses and over 375 thousand euros for capital investments. From these investments, the University of Prishtina has received 7.5 million euros for salaries, 3 million for goods and services and over 947 thousand euros for municipal expenses. Student Center spent 661 thousand euros on salaries, 182 thousand euros for goods and services and 337 thousand euros for capital expenses. Institutes have spent 283 thousand euros for salaries, over 103 thousand euros for goods and services and 54 thousand euros for municipal expenses;

In 2010, were planned 15 million euros for higher education. The Government of Kosovo during the year 2009 has invested 11.1 million euros for salaries, 3.3 million euros for goods and services, 1.4 million euros for municipal expenses and 2.2 million for capital investments. From these investments, the University of Pristina has received over 10 million euros for salaries, 2.9 million euros for goods and services and over 1 million for capital expenses. Student Center spent 646 thousand euros on salaries, 201 thousand euros for goods and services and 337 thousand euros for municipal expenses. Institutes have spent 321 thousand euros for salaries, over 118 thousand euros for goods and services and 40 thousand euros for municipal expenses. Pedagogical Institute has spent 73 thousand euros for salaries, 33 thousand euros for goods and services and 9 euros for municipal expenses;

The Government of Kosovo has invested 4.9 million euros in capital projects. Within these projects are the Institute of History, Construction of the Student”s Dormitory in Prishtina, renovation of the Faculty of Medicine, Construction of the Faculty of Education in Prishtina, renovation of Albanologic Institute, Building Infrastructure, etc

Movement FOL held a meeting with the Director of Anti-Corruption Agency

Prishtina, March 14, 2011– Today, the executive Director of the Movement FOL, Mr. Ramadan Ilazi, met the Director of Anti-Corruption Agency, Mr. Hasan Preteni. At this meeting they discussed about the process of declaration of the property of senior public officials, the law on declaration of property and the law on conflict of interest. Mr. Preteni stated that the process of declaration of the property by senior public officials is being carried out according to the Agency’s planning and that publication of declarations of the4 property will be by the beginning of June this year. He also stressed that ACA is doing a detailed analysis of the law on conflict of interest so that when the law is being reviewed, the agency will provide its recommendations for amendments to this law. On the other hand, Mr. Ilazi said that Movement FOL will be very active and monitor the ongoing process of declaration of the property of senior public officials and will offer cooperation to ACA and the entire society in anti-corruption fight.

Truth-o meter begins again

I’m going to give 5 minutes break. But you should know that this is a violation of the Constitution and violation of regulation. Any change of the result is unacceptable and pressure on the assembly members”
Jakup Krasniqi, President of the Assembly, 22 February 2011

Evaluation: true

The head of Parliament Jakup Krasniqi continues to repeat its position that the break has been a violation of the Constitution and Regulation of the Assembly but on the other he hasn”t done anything else but these declarations to amend this defect.
He did not advance the claim regarding the violation of the constitution, and the reaction during the session reflected more of a personal anger with Thaci, about the way of the decision in PDK that Pacolli should be the candidate for president, despite the agreement that he was supposed to be the candidate.

“By respecting our Constitution, we are creating our new strong institutions which derive from the will of our citizens and which will protect the interests of all our citizens.”
Hashim Thaci, the newly elected Prime Minister, February 22, 2011

Evaluation: False

The break taken by the members of the assembly in the middle of voting fot the election of the president is in contradiction with the Constitution and Regulation of the Assembly. The pressure is proved by Thaci’s request to have a break and the evidences shown by media such as sms communications about the election of the President. Kosovo’s constitution guarantees non-binding mandate of the members of the assembly in Article 70, Section 1. Where it says “Members of the Asembly are representatives of the people and not subjected to any binding term. Another violation of the Constitution is casting the vote the President of Kosovo himself for the Government after his had taken the oath as President.

“Everything is within the Constitution, laws of Kosovo, tools are provided, the cost will be about 100 million euros a year”.
Hashim Thaci, deposed prime minister, 06 January 2011

Evaluation: false

Two decisions of the dismissed government, number 01/151 and 02/151 signed by the deposed Prime Minister for increasing the salaries of teachers and other categories and that were to take effect from January 1, 2011, have not yet been implemented. These decisions were not in harmony with the Constitution and laws. Another statement of Thaci tells that increased salaries will be taken retroactively after the Kosovo budget is approved.
The rise of the salaries caused a lot of troubles with the IMF and ICO. Even in a media release the dismissed government”s spokesman Memli Krasniqi stated that the salaries are being executed, and this actually is not happening. “The decision was executed (today) and tomorrow (Tuesday) the salaries will be executed with the raise according to the Prime Minister”s decision,” he said. (February 1, 2011 Koha Ditore).

Contradictory statement
“The Headquarters in Qafa, Hashim Thaci”s LDK”
Uke Rugova, LDK Ibrahim Rugova, October 28, 2010
It turned out to be the opposite, while Uke Rugova used to accuse the LDK of Isa Mustafa regarding the government with Hashim Thaci, it was him who appeared to be interested only to become part of the government no matter with whom, even if it be Hashim Thaci. His vote was crucial for Pacolli to become president, but the relationship with Hashim Thaci was not welcomed by his father”s electorate, who used to respect him because of his father.
Uke Rugova also betrayed the electorate of AAK who had voted for him, because either this electorate did not want a coalition with Thaci’s PDK. The son of the former president, however, he has made the highest political trade, exchanging his vote with a number of high positions in government.

Debate: Public Investment in Road Infrastructure: Transparency and Accountability

Suhareke, March 11, 2011 – Movement FOL has organized the next debate with citizens of municipalities of Suhareka, Rahovec and Malisheva, on the topic “Public Investment in Road Infrastructure: Transparency and Accountability”. In this debate was discussed about the trend of public investment in road infrastructure by central and local governments in these three municipalities, the current status, future plans and the level of transparency and accountability of these investments.

Participants in this debate were the Mayor of Suhareka, Mayor of Rahovec, municipal assembly members (Chairman and members of Municipal Assemblies of the two municipalities), civil society, media and citizens of these municipalities.

Initially, the project coordinator Mr. Fidan Kalaja, expressed the regret for not participation in this debate the Mayor of Malisheva Mr. Isni Kilaj, members of the Municipal Assembly of Malisheva, representatives of the Ministry of Infrastructure, Ministry of Economy and the Association of Municipalities of Kosovo, considering this as a lack of will and harmful indicator in promoting transparency and accountability of institutions to the citizens of Kosovo. In addition he introduced the report “Transparency of public investment in road infrastructure.” According to him, focusing mainly on the largest infrastructure project after the war in Kosovo, Merdare-Morine highway, this report has identified some weaknesses regarding the respect for the principles of transparency, such as not informing the public about planning of this project especially for financial cost, failing to provide information about sources of funding, denial of access to project documentation without any grounded reason, and the tendency to ignore the supervision by Parliament in this process.

The debate continued with the Mayor of Suhareka, Mr. Blerim Kuci, who declared that the planning and implementation of capital projects in the municipality of Suhareka regarding the transparency is satisfactory. According to him “there were 17 debates with citizens about municipal budget, capital investment and other projects.” During the presentation of municipal investments in road infrastructure he stressed that “about 50% of municipal budget is allocated to capital investment, while over 50% of capital investment are investments in road infrastructure.” Mr. Kuci said that “the current problem in public investment is the lack of a national strategy for development of infrastructure and that these investments are still made ad hoc.” Respecting the public accountability by institutions, according to him “is still at a very low level, it can be said that this principle does not exist”.

The mayor of Rahovec, Mr. Smajl Latifi said that “transparency is the motto of Rahovec municipality, and the accountability is the moral ticket to the citizens of this municipality.” He said that after he became the mayor of the municipality in January of this year, in this municipality he had found plenty of suspicious contracts and many projects submitted only on paper but never realized. He further added that “it”s like there is a deal” between government institutions to not be transparent regarding public investment, and this is best demonstrated the lack of reports that reflect public investments carried out in central and local level.”

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

FOL met the students of International Training School

Prishtina, 09 March 2011 ” Movement FOL met a delegation of students, part of “School For International Training” from the United States of America, who are visiting Kosovo for Peace Studies and Conflict in Balkan. In this meeting was discussed about the developments and problems that the Republic of Kosovo is facing, and the fight against corruption and organized crime.

Grounded on the observations of current work by FOL Movement it was stated that corruption is a reality and is hurting the future of Kosovo on its path towards European integration. Efficient fight against corruption is only by including all factors in this process including EULEX.

Ramadan Ilazi (FOL Movement Executive Director) emphasized that the problem of corruption today is a result of the tolerance toward corruption in the past and the lack of an independent and effective judiciary.

Observation – The fight against corruption in numbers

Prishtina 8 March 2011– Within the year 2010 Kosovo Police has investigated 704 cases of corruption and organized crime. The fight against corruption and organized crime in Kosovo over the past year has continued, but without any senior officials behind the bars. Kosovo Special Prosecutor, continued investigations into two cases considered the biggest so far. Investigations for at least five offenses in the Ministry of Transport are being conducted by this prosecution. The main suspect is Fatmir Limaj, suspected of committing organized crime, official misconduct, and embezzlement during official duty, taking bribes and money laundering. The Chief of Procurement Nexhat Krasniqi is being investigated as well. Despite that it”s been a year since investigations has began, there are no charges in this case yet. The prosecution has been justified that it takes time for the case is very sensitive.

The arrest of former Kosovo Central Bank Governor Hashim Rexhepi, it is considered to be the second largest case in 2010. He was caught in the workplace, and held in custody for three months on suspicion of abusing the office or official authority, imposing influence, money laundering, tax evasion and taking bribes.

The case was entirely led by a Kosovo prosecutor, and the search was conducted by Kosovo Police as well. The suspects in this case are other officials as well, one of them still continues to work in the Central Bank.

Within the year 2010 Kosovo police investigated 704 cases of corruption and organized crime. Relating these 704 cases, 171 suspects have been arrested, 530 cases were sent to the relevant prosecutions depending on the region, 257 cases were sent to the prosecutions with special reports, and criminal charges have been filed against over 909 suspects. The value of potential damages caused by the actions of the suspects is millions.

Compared to 2009, the Kosovo Police has achieved greater success. Various economic crimes and corruption, during 2009 were 90 cases under investigation, 103 people were arrested, 325 cases were sent to the prosecution, 161 cases were sent to the prosecution with special reports, and criminal charges have been filed against 564 suspects.
But all this success of the Police in the detection and catching the suspects who are destroying the country with their illegal actions, no one knows what the investigation results of the prosecution will be.

As a result of the lack of a database Kosovo Prosecution has failed to give Movement FOL accurate data about what has happened to the cases submitted by police.

Prosecution does not have data for each year separately but in total the total number of cases of corruption that is expected to be handled by local prosecutors is over 400. This number is distributed in the Kosovo Special Prosecution, district and municipal ones as well. The good news is that, from this number, 100 cases are in the preliminary investigation phase, expected to be submitted to the Court for trial, while 300 cases are under investigation.

The European Union Rule of Law Mission, EULEX is involved in the fight against corruption as well. This mission, whose prosecutors deal with “sensitive” cases that the local prosecutors do not deal, in 2010 worked on 91 cases of corruption at the Special Prosecution and district ones.

According to the data provided by EULEX, 51 cases are being investigated by Special Prosecution of the Republic of Kosovo, and 40 cases by District Prosecutions and the majority of cases by the District Court of Prishtina where the number of the prosecutors is the smallest.

EULEX has provided more accurate data for the cases one by one and their nature. According to these data 5 criminal cases are currently before the trial for corruption, 34 cases are expected to begin the trial, these cases are of economic crimes, 32 other cases are organized crime and which are expected to begin trial.

Criminal cases that are in the final phase of the trial for 2010 are 18 cases of corruption and 4 cases of organized crime. The number of the defendants in these cases is: 175 accused for corruption and 175 accused for organized crime.
During the 2009-2010 judicial panels led by EULEX judges, announced 14 judgment for corruption and 2 for organized crime. These judgments in most cases have been exculpatory to the defendant.

Movement FOL is not satisfied regarding with the work being performed. Despite that for such cases it is needed a general investigation, the level of corruption in Kosovo is overcoming the fight against it and consequently the successes in this fight is minor compared with the level of corruption at all levels.

Some positive steps:

Positive Step 1 – One of the positive steps that were undertaken last year to fight corruption is the establishment of “Task Force” against crime and corruption. This special unit was formed in February and led by a local prosecutor. It consists of local and international prosecutors as well as police officers.

Positive Step 2 ” The second positive step is the appointment of prosecutor Drita Hajdari, coordinator of anti-corruption prosecutors. She manages the work against corruption. But she will not make it out alone in this work.

Success 1 – The greatest success is that the raid broke the taboo of the Ministry of Transport. In the case of this raid, the prejudice that “the strong are untouchable” was broken in Kosovo.

Success 2 ” Beginning of the Trial in December 2010 of two former ministers of the Serb community and a deputy minister. Slavisha Petkovic, Branislav Gerbic former ministers and the deputy minister of ministry of health in the current government, Nemanja Vujovic, were accused on charges that they damaged the state budget more than 1 million and 100 thousand euros in fictitious construction of houses for returnees. But Prime Minister Thaci, who has propagated the fight against corruption, did not dismiss this deputy minister from the office.

RECOMMENDATIONS:

Movement FOL requires increasing the number of investigators and prosecutors to deal with corruption cases. According to movement FOL, the number should be doubled. This should happen in particular in the District Court in Prishtina, which has the largest number of cases of corruption.

The prosecution continues to function with only 5 prosecutors, while only one dealing with corruption cases. Only browsing the cases sent by police shall take almost all the time of a prosecutor. Dealing with them shouldn”t even be mentioned.

Because of this, the number of prosecutors in this prosecution should be twenty (20), while the number of specialized prosecutors to pursue corruption cases should be at least five (5).

President Pacolli must make public his property and economic interests

Prishtina 4 March 2011 – Last year Mr. Behgjet Pacolli asked the Anti Corruption Agency (ACA) not to make public his property. Such an action of ACA and z. Pacolli is a violation of law on the origin, control and declaration of the property of senior public officials which do not allow them not to declare their property even if they make a request. Such action by Mr. Pacolli questions his commitment to fight corruption and organized crime ” which are the main problems of the country.

Movement FOL requires President Pacolli to ask the Anti-Corruption Agency and declare his property.
Ilazi Ramadan, executive director of the Movement FOL said that in accordance with Article 15, paragraph 1 of the Law on Preventing Conflict of Interest, FOL requires the president to solve as soon as possible and in most effective ways possible, every situation of the conflict of interest. Meanwhile ACA in accordance with Article 14 must verify the property of the president Pacolli in accordance with the Law on Prevention of Conflict of Interest and the Law on the President.
“Current legislation does not allow public officials to manage stocks more than 20% of the value in a company, and transfer such shares to persons close to Mr. Pacolli according to section 6 of the Law on Preventing Conflict of Interest “said Ilazi.

In the case of the President of the country, Mr. Pacolli, we consider that it is unethical for him to have economic interests while exercising the highest functions in the country. Therefore, it is in the public interest that Mr. Pacolli clarifies the reports of his businesses inside and outside Kosovo. This will help in the functioning of this institution and will provide a good standard for public officials.

FREE AND STRONG MEDIA IS ESSENTIAL FOR A DEMOCRATIC STATE

Pristina, 24 February 2011 – FOL Movement expresses support for media in the Republic of Kosovo recalling their extraordinary contribution to processes of democratization and state-building in Kosovo. FOL Movement highly appreciates the support of the Independent Media Commission has given the media in Kosovo for their reporting on the process of electing the President and Government.

Independent and strong media is the very spirit of a democratic country, therefore FOL movement encourages and supports the media in their work to inform citizens, and to uncover the truth based on facts as it was the case when media reported on the election of state institutions said Ramadan Ilazi, executive director of the movement FOL.

The regular meeting of the Advisory Board of the Movement FOL

Prishtina, 25 February 2011– At the regular meeting of the Advisory Board of the Movement FOL, it has been discussed about the general situation of the organization, including the draft work report for 2010, the internal audit process conducted by organizations and attitudes regarding recent political developments in the country.

“Movement FOL is consistently implementing its three years strategy, achieving the objectives it has set for itself”, – said Petrit Zogaj during the presentation of the draft work report for 2010.
At this meeting by unanimous decision of members present Mrs. Eli Gashi, was selected Chairperson of the Advisory Board.

The Board has provided support for the current FOL activities and activities that are to be realized, including projects that are expected to begin being implemented.

Corruption: Between Fight and Rhetorics”

Prishtina, February 23, 2011 – Movement FOL, supported by USAID through the Program for Strengthening Civil Society implemented by ISC – Institute for Sustainable Communities, today held a round table on “Corruption: Between Fight and rhetoric”, and published its annual report “Corruption monitor 2010”. Participants in this table were representatives from Kosovo Prosecution, Anti-corruption Agency, Kosovo Police, Civil Society and other representatives of public institutions in Kosovo.

Policy Analyst in the Movement FOL Armend Mazreku, said that the report is a product of monitoring public institutions in fighting corruption throughout the year 2010. According to him, it has been noticed a progress in fighting corruption, but this progress has been limited and insufficient considering the high level of corruption and its widespreadof in institutions. Furthermore he presented the findings of this report, ranging from the activities of Government, Assembly, Judicial Council, Prosecution, Police, Anti -corruption Agency, Kosovo Customs, EULEX, International Reports and civil society.

The prosecutor in the District Court in Pristina and at the same time the Anti-Corruption Coordinator, Drita Hajdari, said that the report showed the actual situation of the level of corruption in Kosovo. She said that the Prosecution was working to fight corruption, which has also established a Task Force consisted of 12 prosecutors and 20 investigativepolice in fighting corruption offenses. According to her the district and municipal prosecution in the municipal of Prishtina is dealing with the half cases of the country in general. Further she said that the fight against corruption should not only be the Prosecution’s burden, but also other mechanisms” and institutions”.

The Head of the Department of Investigation of Economic Crimes and Corruption of the Kosovo Police, Shemsi Igrishta, said that Kosovo police was dealing with human capacity building, profiling the investigators and professional training in anti-corruption field. He further presented the statistics of anti-corruption within the department, where the damage caused by these acts of corruption is estimated to be about 27 million euros.

Meanwhile, the chief of the Division of Legislation and Education in Anti-Corruption Agency, Burim Sadiku, said that ACA has identified several factors that drive up the corruption in Kosovo: the lack of political will, delays in judicial reforms, the lack of supervisory mechanisms and transition. According to him, the most common forms of corruption that ACA has identified are the abuse of official position or authority, falsification of documents, taking and giving bribes and ungrounded judicial verdicts issued.

Clean government and President with integrity are necessary for the country

Prishtina, February 21, 2011– Movement FOL welcomes the constitution of new legislation of Assembly of Kosovo. After 4 months of political and institutional crisis finally it is expected to form the new institutions, government and the President of Kosovo. 120 new members of the assembly, as legitimate representatives of the people are charged with a big responsibility in this mandate. Commitment to democracy and rule of law will be tested today, by voting for the new Government and President of the country.

Movement FOL, through an activity-protest require all those who have received the mandate of the voters to elect a clean and competent government, and the President must be a credible person who can represent the unity of the citizens, without difference.

Considering the problems and challenges that the state is facing, in particular the damaged image recently, FOL Movement appeals to the newly elected members of the assembly off the Republic of Kosovo, that with their vote to elect the institutions that guarantee proper functioning of democratic governance and stability.

Petrit Zogaj of FOL Movement stated that “This soap detergent and these 120 soaps cast in the yard of the Assembly are clear indications that the country is embroiled in a extreme political impurity. The fact that in the first legislature of an independent state, which aims to operate according to European values, are also elected parliamentarians who are under investigation or suspected of wrongdoing, and this deeply harms the credibility of every citizen in a fair law-making, impartially and in defense of the country’s interests. “

Besides that the demaged image of Kosovo now is a fact, also the mistreatment of fundamental constitutional and legal principles during the negotiations for a coalition government has brought the possibility that the head of the state become a man with a very controversial past, who even was investigated by a friend state of Kosovo.

Also, considering that the symbolic value of the highest office in the country is already severely damaged by the previous President, who was forced to leave the office because of the violation of the Constitution, this does not seem a prudent political action about the current political situation of the country.

FOL believes that the members of the assembly should serve the interests of the citizens of Kosovo, and not serving the interests of their party or personal ones. They should not vote for institutions that would not be credible to face internal and external challenges facing Kosovo.

Further, Mr. Zogaj added, “These circumstances oblige them to vote people with integrity and competent to fight corruption and organized crime, repair the damaged international image and who will pave our path towards European Union”.

Movement FOL requires all institutions to continue to be responsible in their actions, accountable egarding their decisions and transparent to the citizens. This is the only way that our country should be placed as the process of state building, democratization and good governance.

The Government’s negative reaction towards international reports is disturbing

Panelists at the conference were Agron Demi from GAP Institute and Ramadan Ilazi from FOL Movement, who discussed about the design of international reports on Kosovo and using them to influence the improvement of the performance of state governance in Kosovo (www.koha.net )

Participants of the conference on “International Relations as an instrument of pressure” organized by the Foreign Policy Club raised their concerns about the negative reaction of the Government of Kosovo towards international reports, stressing the problem of pressure exerted to non-governmental organizations and experts of Kosovo who contribute to the drafting of these reports, reports KosovaLive.

This conference aimed to encourage the debate on the role of civil society in compiling international assessment reports on Kosovo and the use of these reports to exert pressure on state institutions for good governance.
Panelists at the conference were Agron Demi from GAP Institute and Ramadan Ilazi from FOL Movement, who discussed about the design of international reports on Kosovo and using them to influence the improvement of the performance of state governance in Kosovo.

Starting from the Progress Report of the European Commission, and also other international reports on Kosovo, the conference addressed the ability of civil society to transform them into pressure instruments and advocate on improvements in government performance, particularly in the areas most criticized by international reports.
In the conference was presented the Kosovar version of Progress Report, prepared by non-governmental organizations in Kosovo and analysis on international reports for the state of Kosovo in these last two years. The purpose of these products is to offer an alternative view of the progress and regress in Kosovo, reflecting the view and evaluating of Kosovo’s civil society organizations on essential areas of state governance.
The conference specifically addressed the following issues: Is the Kosovo’s civil society capable to use these reports as instruments of pressure” What are the civil society”s capacities to offer alternative reports assessing government performance in Kosovo” How seriously are the international reports taken by Kosovo institutions” What do the international reports in general say about Kosovo” The conference was supported by the Norwegian Embassy in Pristina, which has also enabled the compilation of the Report of Progress Made in Kosovo

The institutional crisis is harming the interests of the citizens of Kosovo

Prishtina, February 14, 2011 – Movement FOL, through this press release expresses its concern about the institutional and political crisis in the country. This crisis, which continues from September 2010, is seriously harming the state-building process in Kosovo and its European perspective.
The disability of the political class and institutions to find solutions to the crisis created is mostly harming the citizens. Because of this situation, Kosovo will be closing the second month of the year without an approved budget.

Also, the lack of institutions will reflect on the third anniversary of Independence of the country, giving bad messages for democracy building and the rule of law in Kosovo.

The elections of the December 12, 2010 did not provide the most votes to any political party to constitute the government, thus imposing a coalition government. We can not understand the delays because of the disagreements of assigning positions.

The interests of the citizens of Kosovo should be a priority and should not remain hostage to the ego and personal greed for power of individuals within political parties, and in this case even within the institutions of the country.

Therefore, political parties, party leaders, representatives who come from the recent parliamentary elections, must exceed their ill-spirited interests by directing the agenda at the practical problems that Kosovo citizens face every day.

“Inoperative triangle”

Prishtina, February 3, 2011 – Movement FOL during 2010 monitored and supported the work of the Ombudsman to influence the growth of inter-institutional cooperation.
Venera Ramaj, legal assistant in Movement FOL said that by monitoring the public activities in the media regarding the Ombudsman by FOL movement shows that among 80 activities, 40 deals with fortnight activities of publication of the work report for 2009, while dozens of other activities are roundtables organized by Movement FOL and other activities reflected in the writings of media.

“Disregarded attention of institutions towards the Ombudsman, the lose of credibility, non-implementation of recommendations from other institutions, limited capacities, the delay of the law, disrespect of the Assembly, are identified as some of the challenges that have followed this institution and as such they negatively impacted in the fight against abuse of power, “said Ramaj. And then non-election of the deputies, the lack of staff and budget, according to her, are some other problems that added to the long list of weaknesses that have characterized the institution in 2010. The failure of the Assembly for several years to elect the Ombudsman was against the credibility of this institution, which by the way scored some successes, which according to its officials are “increasing the number of complaints from citizens and the good will of some institutions to response back to the Ombudsman.”

The members of the assembly paid a little attention to the work and activities of the Ombudsman in the legislative agenda during 2010. Unfortunately, the requirements and recommendations met with deaf ears. To overcome the situation, the Ombudsman proposed alternative forms, such as the establishment of the Administrative Court, but without success, an initiative which wassupported also by movement FOL.

Meanwhile, Armend Pajaziti, project coordinator said that Kosovo and its institutions have been criticized again in the Progress report 2010. Even the Institution of Ombudsman, particularly in terms of addressing the violation of human rights and the delay in electing the Deputy Ombudsman. “This report suggests that the authorities should ensure quick responses to all requirements and recommendations of the Ombudsman,” said Pajaziti.

According to him, power is still being abused in Kosovo. Human rights are being violated, while the Institution of Ombudsman remains helpless when facing these developments. The Report of Movement FOL shows some recommendations for some institutions, the most important recommendations are:

To Institution of Ombudsman:

” The Ombudsman must take a more proactive role in all the areas that affect the freedoms and human rights. It should create closer relations with identified allies such as media and civil society, and create a joint front against the abuse of public authority by public officials;
” IO must make the issue public, when they cannot be fixed through institutional ways;
” IO must initiate a sensibilizing campaign, not only for the purpose of civic awareness to complain, but also regarding the institutions to fulfill their legal responsibilities towards the IO;
” To strengthen the office of public communication, by making more active and more voiced its officials in public in advocacy issues.
” To lunch a telephone line for free services online for citizens to seek the help of the Ombudsman.

To the Kosovo Assembly:
” The Assembly of Kosovo should be consulted more often with IO for its needs, and other activities which are undertaken with the aim of strengthening the work of the Ombudsman in protecting human rights;
” The Assembly of Kosovo, regarding the busy agenda, in the new legislature should form an ad hoc committee that would deal only with the recommendations of the Ombudsman in order to strengthen the authority of theinstitution, as required by the Constitution of Kosovo;
” Parliamentary committees must immediately begin the implementation of the recommendations of the European Commission identified in all Progress Reports, dealing with the work of the Ombudsman;
” The Assembly of Kosovo, before the approval of the Budget for 2011, must allocate a more favorable budget for IO, in order to increase human, organizational and professional capacity in addressing issues relating to abuse of power and violation of human rights;
” Members of the Assembly, particularly those of the Parliamentary Committee for Human Rights, should not wait for the committee agenda, reports the Ombudsman, but to initiate a debate in Parliament, to ask parliamentary questions and taking the side of IO in the fight against abuse of public authority.

Corruption Monitor for 2010

The Government of Kosovo during 2010 has approved altogether 304 verdicts. Five of them were against corruption, two were on suspicion about corruption and 299 others were on different issues. A draft…

 
Corruption Monitor for 2010

Publication of the report “Corruption Monitor” for November-December

Prishtina, February 4, 2011– Movement FOL published the report “Corruption Monitor” for November and December. The Government of Kosovo has approved 17 decisions during November and December and none of them were in the fight against corruption and organized crime. During this time the Government was dismissed and by a non-confidence motion;

In district courts have been reviewed 148 cases: 130 in the prosecution of Prishtina, 2 in Gjilan prosecution and 16 in Prizren prosecution. In 2009 were transferred 248 cases: 231 in the prosecution of Prishtina, 3 in Peja prosecution, 2 in Gjilan Prosecution, and 12 in Mitrovica prosecution. 58 cases have been filed in 2010: 30 in Prosecution of Prishtina, 2 in Peja prosecution, 7 in Gjilan prosecution and 19 in Prizren prosecution. At present, there are 158 cases in total: 131 of them in Prishtina, 5 in Peja, 7 in Gjilan, 3 in Prizren and 12 in Mitrovica. However, if we examine the anti-corruption statistics at the municipal level we find out that 93 cases were transfered from previous years, 256 of them filed only in 2010, 85 cases were dealt in 2010 and 264 cases are ongoing;

Of these cases, 20 were sent to Special Prosecution in 2010 and still are ongoing, not being solveda single one;

In December were accused Slavisa Petkovic Branislav Gerbic by the District Court in Prishtina, along with nine other suspects, in charges ofmisusing 1.1 million euros. Slavisa Petkovic is accused of constructing a house where he lives today in the amount of 95 thousand euro. Without any money of his own he had renovated his restaurant called “Tropikana” in Caglavica. Petkovic was summoned to the District Court in Prishtina accused of five offenses. This group of 11 people 2 Serbs and 9 Albanians have been accused of harming the Budget of Kosovo more than one million euro by signing fictitious contracts to construct houses for returnees;

November statistics from the Department of Investigation of Economic Crimes and Corruption (DIECC) show that 15 people were being investigated: 3 for taking bribes and 12 of them for misuse of official duty; 6 cases have been sent to the prosecution with known perpetrators: 1 for taking bribe and 5 for abuse of official duty; 5 cases were sent to the prosecution with Special Reports and only 2 people were arrested for misuse of official duty;

45 reports were published by daily newspapers in December (Koha Ditore, Zeri, Kosova Sot and Express), 24 were published as opinions, and 21 as news. Koha Ditore and Zeri were more focused on government and public enterprises in Kosovo. Meanwhile, Kosova Sot was more focused on the Judiciary of the country and less on the Government and Public Enterprises, and Express was more focused on local issues.

2009-2010