Pristina, July 5, 2019 - Regarding the statements made by the Prosecutor of Basic Prosecution office in Pristina, Ibrahim Berisha, Kosovo Prosecutorial Council (KPC) issues this Clarification for Media:
Kosovo Prosecutorial Council dismisses allegations of contesting Decision KPC / No.377 / 2019, dated 7 June 2019, by former Deputy Prosecutor of the Basic Prosecution in Pristina, Ibrahim Berisha, for the appointment of the Prosecutor Kujtim Munishi as Acting Duty Chief Prosecutor of the Basic Prosecution Office in Pristina.
Based on the legislation in force, the position of the former Deputy Prosecutor is a position that is not foreseen by the Law, but Council has established by regulation such a position, which is left to the competence of each chief prosecutor, and if considers it is necessary to appoint his deputy. There is no established procedure for the appointment of Deputy Chief Prosecutor, but it is at the full discretion of the Chief Prosecutor to decide on appointing a deputy prosecutor in cases where he is absent, in order to make it easier for chief prosecutor's management of the prosecution office and nothing more.
In this context, the Deputy Chief Prosecutor cannot be elected automatically as acting without the decision of the Prosecutorial Council, as the competent authority, since the mandate of the deputies ends with the termination of the mandate of the Chief Prosecutor, who has appointed him.
In addition, Section 4 of Regulation No. 08/2016 on the appointment of Chief Prosecutors sets out the criteria to be met by candidates for Chief Prosecutor of the Basic Prosecution, such as: the candidate for Chief Prosecutor must meet the following general criteria: to be a prosecutor with a permanent mandate, to not have any indictment filed against him or not to be convicted of a criminal offense, with the exception of a minor offense, to have a positive evaluation of performance and to have a high professional, personal and moral integrity.
Based on the abovementioned criteria, Mr. Berisha did not meet the conditions to be appointed Acting Chief Prosecutor of the Basic Prosecution in Pristina, because he has imposed two disciplinary measures, not one, as Mr. Berisha said. These measures are: Reprimand, pronounced in 2016 and Reprimand with undertaking corrective actions, pronounced in 2017, these measures, which are not obsolete according to the legal acts upon which they were pronounced.
Therefore, two disciplinary measures were pronounced against Prosecutor Berisha during the one-year period, arguments which prevented him from being assigned to the respective position, so under no circumstances, the Kosovo Prosecutorial Council didn’t act with any tendency but only by based on the legal framework governing these procedures.