The actual Low does not protect the informants

Prishtina, 7 November 2017 – Lëvizja FOL under the project “Legal Reform Against Corruption” has organized a discussion on the Law on Protection of Informants in Kosovo. Panelists in this discussion were: Ombudsman Mr.Hilmi Jashari, Chairwoman of the Committee on Legislation Mrs. Albulena Haxhiu, Director of the Department for Prevention of Corruption at AKK, Mr.Afrim Atashi.

Gresa Smolica from Lëvizja FOL, presented the findings and recommendations of FOL’s report on the current Law on the Protection of Informers. “From the report of Lëvizja FOL regarding the Law on Protection of Informers, it is noticed the need for the protection of the signalizers, as persons who discover the abuses at their workplace. Considering a rather complicated process, signalers should be offered legal protection to avoid cases of retaliation or discrimination because of the information they have disclosed, Smolica said, adding that based on the recommendations of the Council of Europe, FOL has seen it necessary the involvement of the Ombudsman and the Anti-Corruption Agency in the process of defining their status.

The Chairwoman of the Committee on Legislation, Albulena Haxhiu, said that there is a great need for this law to be amended, because the current law has many gaps. “The law has contradictions between the articles. I think that it is better to address this report to the Legislation Committee as it is very valuable and as such it can be processed as a bill, because it can take more time through the ministry, “Haxhiu said, by adding that in many institutions the employees have not even heard of this Law.

The Ombutsperson, Mr. Hilmi Jashari, stated that the Law on the Protection of Informers is in conflict and there is much cohesion with other laws such as the Law on Civil Servants. “Harmonization of all laws needs to be done or codification of justice,” Jashari said.

Meanwhile, the Director of the Department for Prevention of Corruption at the Anti-Corruption Agency, Mr.Afrim Atashi, said that the current law has very few articles but those that are not being implemented. “It is impossible that with the legal basis that AKM has and with its capacities to have the burden to receive information from informants,” Atashi said.

Murat Mehmeti, investigator at TAK, explained why he decided to signal abuse of TAK and the challenges he faced in the workplace.

Among the other recommendations presented in this report here is included the change of the name of the law, namely the Law on Protection of Signatories, the definition of the status of the signalers and the validity of the legal protection for signaling for the benefit of the public interest and the definition of a 3-stage process signaling including internal signalization, signaling to the Ombudsperson Institution and the Anti-Corruption Agency as well as external signaling.