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13 March 2008

TO AVOID PRACTICE OF TOLERANCE TO CORRUPTION CASES

Written by: Hasan PRETENI
PRISHTINA, 13 MARCH 2008 - Anti-Corruption Agency warned several independent institutions and commissions that it will not close its eyes to the demonstration of tolerance in relation to suspected cases of corruption. 

The Agency, as an independent body established by the Assembly has no right to deal with the imposition of penalties for individuals on who it collects facts that they are involved in corruption cases. The Agency deals with administrative investigations and once collected the necessary facts on corruption action cases delivers them for further judicial proceedings for offenders to be punished. But so far we are witnessing a performance of the judiciary ineffective in this regard and a flimsy demonstration in relation to our work.
Consequently, follows the encouragement of various committees to make decisions in favour of those who have violated the law. We are dealing with concrete cases where the police found sufficient evidence.
Examples are cited to be more persuasive: A misuse case in CUC a person admitted to the police himself to have committed a corrupt action. He was first arrested, released after two weeks and now (by media) Independent Oversight Committee recommends that CUC take a different decision, and the Disciplinary Commission of the Ministry of Health has decided that the person concerned be returned again to the workplace. This is really disturbing, because we are dealing with the tolerance of courts towards this case that was considered a big scandal with the misuse of official position.
So far the Agency has submitted to the Prosecution of Kosovo 47 cases. By law, prosecutors are obliged to inform us about further course of our work. But this has not occurred, or occurred only in 6 cases that dealt with members of the judiciary while the returned answers are that cases have ended in favour of their colleagues.
I believe that members of the judiciary as well as those of independent or disciplinary commissions will not take as bad the advice that I will give them with regard to corruption and the damage it causes people. Read carefully the following lines: Corruption threatens democratic development, undermines development and quality of life of members of society. Corruption encourages wrong choices, encourages competition in bribery rather than competition in quality and the best possible services, prevents the development of a market and distorts normal economic and social development. In a word it is extremely hurting our future in general.
Dears members of the judiciary I urge you publicly when the Agency proceeds cases dealing with people for who there is collected evidence that they are involved in actions that harm the society, and promote the evils mentioned above do not be tolerant, but perform according to the provisions of the law. 
We hope that the current judicial practice in the completion of cases that we send to them not be continued in this form. I fear that the faith of the Agency is wavering in relation to the judiciary. Our uncertainty has raised dilemmas to whom to present the cases of alleged corruption. We have no other address except you reform Therefore Reform Yourself.

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