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17 February 2012

Constitutional Court rejected the request of ‘ÇOHU'

Prishtina, 7 March 2012 - Anti-Corruption Agency, received today the decision of the Constitutional Court of Kosovo which found unacceptable the request of nongovernmental organization "Çohu" on its claims the latter has made that the Agency has committed a constitutional violation when the memorandum of cooperation was signed with the Office of the Chief State Prosecutor.

In the reasoning of the Constitutional Court on the refusal to review the request of the organization in question is said that - based on evidence that has been provided by the organization, the Court considers that this request has been filed by an unauthorized party and has not met the necessary criteria for review. 
"Consequently, the applicant appears to have lacked to set the active legitimacy in this case filed at the Constitutional Court, respectively there has been a lack of locusstandi that the Court would have to declare it as inadmissible. Furthermore, the Court notes that even if the applicant requests the application be treated as "individual" under section 113.7 relating to Article 21.4 of the Constitution, its submitter has not been able to argue "the status of the victim caused by the act of public authority" as provided in Article 34 of the European Convention for the Protection of Human Rights", reads the judgment of the Court. 
On 4 June 2010, the Kosovo Anti-Corruption Agency and the Office of Kosovo State Prosecutor signed the Memorandum of Cooperation by which they would create partnership relations in combating corruption. 
On 11 January 2011, the Organization for Democracy, Anticorruption and Dignity "Çohu", through its applicant Arton Demhasaj has filed an appeal with the Constitutional Court contesting an agreement as unconstitutional and contrary to the Criminal Procedure Code of Kosovo.
But the court says that by analyzing the documentation submitted in the case by the applicant appears that he did not meet the essential requirements of Article 113.1 of the Constitution in terms of review of the request submitted by the "authorized party".
Furthermore, Anti-Corruption Agency, with the highest commitment will continue implementation of the memorandum of cooperation such as the State Prosecutor's Office and with all its other partners with whom a cooperation agreement has been reached. This is because only through the forms of close cooperation with all institutions that have the mission of law enforcement can be achieved fruitful results in the fight against corruption. 
While considering the successive demonstration of ignorance by organization "Çohu" in relation to functioning system of law enforcement institutions in the Republic of Kosovo, it would be ideal that its activists seek assistance for professional capacity building in order to avoid misinformation posted to the public.

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