Indpendent Agencies Report - Alb, Ser, Eng.pdf - QKSS

EULEX Anti-Corruption Task Force, which is meant to operate within the Special Public Prosecutor’s
Office and whose task would be to prosecute cases of corruption and economic crimes committed by
higher officials. 452 This task force 453 is composed of Kosovo public prosecutors, international EULEX
public prosecutors and Kosovo Police officers, but it has no representative of the Agency. 454 It is also not
clear what value such task force will add to what the Kosovo Police and the Special Public Prosecutor’s
Office are already doing. There is also the impression that the Government has intentionally delayed
and not yet fully transferred all powers to the Agency.
The Assembly of Kosovo seems to be reluctant to exert political pressure on the Government to vest all
required powers in the Agency. 455 Also, the Assembly is itself partially responsible for the lack of
progress in combating corruption because of the poor quality of the laws it adopts which prevents lawenforcement
institutions such as the Agency, to effectively exercise its powers. 456 The Director of the
Agency also confirms that the weak performance of the Assembly together with the lack of professional
and expert support has a negative impact on the functioning of the Agency. 457
The Agency does also not receive the necessary support from the Public Prosecutor’s Office. While the
number of cases investigated and reported by the Agency has increased, there was no proportional
increase of initiation of criminal proceedings and indictments by the Public Prosecution. 458 At least in
relation to EULEX public prosecutors relations have improved as in 24 cases out of 35 which the Agency
has reported to EULEX, their public prosecutors have initiated criminal proceedings. 459 In the absence of
own enforcement powers and due to the dependence on any follow-up by the Public Prosecution, the
most promising strategy for the Agency to have a long-term impact on corruption seems to be that of
raising awareness - especially among youth and civil society - of the need to combat corruption before it
actually has materialized. 460 This observation confirms the public perception of the Agency as an
institution with a preventive and educative, rather than a repressive, function. 461
452 Ibid, p. 14
453
Established on a questionable legal basis
454 Ibid, , p. 12.
455 Ibid,
456 Ibid,
457 Interview with Mr. Hasan Preteni, Director of the Kosovo Anti-Corruption Agency, dated 1 March 2010.
458 Kosovo Foundation for Open Society, p. 14.
459 Ibid,
460 Interview with Mr. Hasan Preteni.
461 Kosovo Foundation for Open Society, p. 11.
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