A letter sent to the Head of the Commission of Laws, Fatmir Xhafaj, the OSCE presence writes that after a detailed review of the draft, the approval of the main part of the amends, such as the transfer of the Court of Serious Crimes competences, is a step forward.
“The current situation in the fight against corruption is a problem that is not related to the legislation, but to the failure to implement the existing law. The solution might not be a simple legal reform”, the letter says.
In its comments, the OSCE argues that the Court and Prosecution of Serious Crimes are not specialized to discuss the corruption cases, and do not have the financial and human resources to take care of the corruption cases. According to them, by drastically increasing the workload would only hamper the functionality of both institutions.
The OSCE is concerned about the task force units, which will not have the right to investigate these cases, but to have better equipment and training. The OSCE says that corruption is not an act of high danger to be tried by this court. It brings the example of the corruption of a nurse with 500 ALL. The procedures to be followed in this case as a criminal act that this court usually tries, such as war crimes, murder in an organized group, etc.
In its suggestions, regarding the language used, the OSCE says that they need to clarify what happens if one of the measures has been taken before the person takes the status of a judge or an Parliament Member. It should also be explained if the immunity of Parliament Members and judges affects these measures, and if yes, how. It should avoid the formulation of arrest on the act, when the subject is caught during or right after the crime has been committed. It should foresee the respective troop which should receive an authorization request and information about the arrests.
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