Ignoring the Special Prosecutor's Office summons by Kurti: Is the law in Kosovo equal for everyone?

The Special Prosecutor's Office of Kosovo has sent three summonses within a month to Kosovo Prime Minister Albin Kurti to testify in a case involving abuse of office by certain ministers in the Kosovo government. Kurti has yet to respond to these summonses, and commentators for Kosovo Online argue that the law in Kosovo should apply equally to everyone, and Kurti must face consequences for disregarding the judicial institution's summons.

Written by: Milena Miladinovic

In December last year, Kurti received the first summons to appear as a witness at the Special Prosecutor’s Office. Later that month, another summons followed, and according to Pristina-based media, the Prosecutor’s Office issued a third summons on January 9th to the Kosovo Government. Kurti has not responded to any of these summonses, citing a lack of time, but invited the Prosecutor’s Office to visit him in his office if his testimony was urgent and important.

While Kurti’s associates and supporters have dismissed the Prosecutor’s summons as an attempt to influence the election outcome, the opposition claims that by ignoring the summonses, Kurti is sending the message that judicial institutions can be disregarded.

The Chief Prosecutor of the Special Prosecutor’s Office of Kosovo, Blerim Isufaj, stated that the law is the same for all citizens and that everyone, including high-ranking officials, has a legal obligation to cooperate with judicial institutions.

If Kurti fails to cooperate, he may face a fine.

Is the law equal for all?

Former judge of the High Court in Kosovska Mitrovica, Nikola Kabasic, does not believe Kurti will respond to the third summons to testify before the Special Prosecutor’s Office, thereby demonstrating that the law does not apply equally to everyone in Kosovo.

"I don't believe Kurti will respond to the third summons from the prosecutor’s office, knowing his political and personal history, as well as that of the entire Self-Determination movement. He will certainly not appear. Elections are taking place in Kosovo, and any power struggle between the judiciary and the government has consequences. Even if elections were not ongoing, Kurti likely wouldn’t appear, as it serves as a demonstration of his power and his consistently poor relationship with the judiciary," Kabasic told Kosovo Online.

When asked whether the court would order Kurti's detention or whether authorities would enforce the law, Kabasic emphasized that the law is clear.

"Anyone who has knowledge or information about a criminal offense is obligated to respond to a court summons, and this applies to Kurti as well. He is being summoned as a citizen and as the Prime Minister, who has certain information about corruption-related criminal acts for which one of his close associates in the government is being accused. He is obliged to respond to the summons," the former judge explained.

Kabasic pointed out that, as Prime Minister, Kurti’s schedule would be accommodated by the prosecutor’s office.

"However, past instances show that Kurti has not responded to the prosecutor’s summons. Instead, his aides and chiefs of staff have negotiated with the prosecutor’s office to arrange for them to come to the government office or another location convenient for Kurti to give his statement. This is unacceptable, as the law applies to all citizens, including Kurti. He must comply with the summons, provide a statement, and share any information he has regarding the alleged criminal offense. He is not a privileged witness, nor is he exempt from his duty. He also does not fall into the category of witnesses who, due to illness or age, cannot come to the prosecutor’s office. If the court or prosecutor’s office wishes to demonstrate that the law is equal for all and to avoid discrimination in its application, they have several options. They could order his detention, impose fines if he refuses to testify, or detain him for up to 30 days if he refuses to cooperate," Kabasic said.

When asked about the potential outcome of this case, especially given the strict measures imposed on Serbs for minor offenses, Kabasic highlighted the discrimination in the justice system against Serbs.

“In this case, the VIP status that the Self-Determination enjoys before Kosovo’s judiciary is evident. I have spoken about this history. Over the past ten years, there have been numerous criminal proceedings initiated against the Self-Determination officials. These include the current Minister Svecla, Minister of Justice Albulena Haxhiu, and Speaker of the Assembly Glauk Konjufca. Multiple criminal proceedings have been initiated against them, and even indictments were filed, but the outcome has been consistent obstruction of the legal processes on their part. The courts have also acted in a way that ensured they were not brought before the court and did not face accountability, leading to the expiration of statutes of limitations. Currently, we have the situation with Svecla, who is charged with two criminal offenses,” Kabasic said.

He compared this situation to how Serbs are treated.

“By comparison, imagine if a Serb or a Serbian MP in the Kosovo Assembly threw smoke bombs or firecrackers. They would already be in multi-year detention and would be charged with not only two criminal offenses like Svecla – causing general danger or obstructing an official in performing their duties – but also with unconstitutional activities, conspiracy for terrorism, or something similar. The status that the Self-Determination or Albanians have before the courts begins with the initial act, that is, the criminal complaint, where a lighter qualification is usually chosen, rather than a more serious one. For Serbs, however, the heavier qualification is reserved. After that, Serbs are subject to mandatory detention lasting several months. Even if detention is lifted, they would face extremely high bail amounts to defend themselves while free,” the interlocutor concluded.

Sanctions?

Albin Kurti should face sanctions for not responding to the summonses from the Special Prosecutor’s Office, lawyer Goran Petronijevic says in a written statement for Kosovo Online.

Petronijevic states that Kurti’s behavior shows that “the law in Kosovo is more equal for some.”

“This is typical of pre-political societies that lack institutional awareness. No matter how much they aim to be a state, it is unlikely they will achieve that if things like this continue to happen,” Petronijevic said.

He believes Kurti should face sanctions for failing to respond to the first two summonses from the Special Prosecutor’s Office.

"Of course, sanctions and even arrest should follow. As far as I know, Kurti asked the prosecutor's office to postpone everything until after the elections," Petronijevic said, also reminding of the case against Kosovo's Minister of Police, Svecla, who faces prison time for throwing tear gas in the Pristina Assembly.

"This highlights a kind of political nepotism and inequality. Someone currently in power oppresses others while protecting themselves. This characteristic and behavior demonstrate that Kosovo will never truly be a state in the real sense of the word. This territory, which aspires to be a state, is unlikely to achieve that. On one hand, there are all these indictments against Serbs for seeking to reclaim their property, while on the other, Kurti ignores summonses from the prosecutor's office. This reflects a lack of any legal certainty for the citizens of that area. If the Prime Minister can undermine the law, what can others expect?" Petronijevic emphasized.

Testimony after elections

On the other hand, lawyer Tome Gashi believes that the Special Prosecutor’s Office of Kosovo could have chosen a different time for Kurti’s testimony, which, he emphasized, could have been scheduled after the elections on February 9th.

Gashi told Kosovo Online that he could not comment further beyond what the Kosovo Prime Minister himself had stated.

"He said that the summons sent to him via the Office of the Prime Minister came at an inappropriate time because we have elections across the entire territory of the Republic of Kosovo. I think the prosecutor's office could have found another date, after February 9. I also believe that Kurti stated that if the prosecutor deems the questioning urgent, they can come to the Office of the Prime Minister, and he will give his statement because he has been summoned in the capacity of a witness," Gashi said.