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OSCE Broadcast 3 December

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• ECAP decisions to be announced on Monday (Most monitored broadcasters, RTK1)
• CEC to strictly verify outside voters in Istog/Istok (Most monitored broadcasters, RTK1)
• Anticorruption Week launched (All monitored broadcasters, KTV)
• Drecun: Interpol hasn’t abrogated arrest warrant for Haradinaj (RTK2, KTV)
• Prosecution keeps Lumezi file in contradiction with Criminal Procedure Code (KTV)
• Papadopoulou admits: EULEX failed to meet citizens’ expectations (KTV)

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ECAP decisions to be announced on Monday

(Most monitored broadcasters, RTK1)

No decision has been made public yet regarding seven complaints filed to the Election Complaints and Appeals Panel (ECAP, three by PDK, three by LDK, and one by an independent candidate. ECAP officials told RTK that although the deadline expired on Sunday at 15:00, they have to go through some procedures before making the decisions public. Mul Desku explained that first, decisions must be prepared, printed out, justified, and parties must be informed about respective decisions.

LDK has filed complaints concerning Kamenicë/Kamenica, Istog/Istok, and Prishtinë/Pristina; PDK complained about Prizren, Klinë/Klina, and Rahovec/Orahovac; another complaint was filed by Fatmir Rashiti, independent candidate for mayor in Shtime/Stimlje.

ECAP will make its decisions public on Monday. Upon receiving decisions, political entities have a 24-hour deadline to address Supreme Court, which shall decide on their complaints within 72 hours.

CEC to strictly verify outside voters in Istog/Istok

(Most monitored broadcasters, RTK1)

As part of preparations for repeat of runoff mayoral elections in Istog/Istok, the Central Election Commission (CEC) will strictly verify all outside voters belonging to this municipality.

Verification and confirmation period has begun on 2nd December and it will be concluded on 6th December.

The repeat runoff mayoral election process in Istog/Istok will take place on 17th December.

IN this election process, Haki Rugova of LDK will compete versus Gani Dreshaj of AAK.

Anticorruption Week launched

(All monitored broadcasters, KTV)

For seven days, civil society in Kosovo will present suspected corruptive cases. Only on the first day of the Anticorruption Week, GAP Institute presented two cases that they consider harmful and illegal. Those two cases, namely debt exemption for water packaging companies by Kosovo Government and creation of monopoly in vehicle probation will be discussed also on Monday by relevant institutions.

Betim Musliu of Kosovo Law Institute announced that until 9th December when the Anticorruption Week will be concluded, more investigations will be made public, including the investigation on Lumezi file, and the one on “Pronto where are you.”

“In the framework of this Week there will be novelties, because we will come up with specific cases in which specific responsibility will be asked from those individuals who have not had achievements in fighting corruption and who did not hold responsible all those who violated law,” Musliu said.

Investigations and other corruption cases will be presented also by Group for Legal and Political Studies, Columbus Institute, Info, Çohu, and KIPRED Institute.

This year again, Anticorruption Week is supported by the US Embassy.

Drecun: Interpol hasn’t abrogated arrest warrant for Haradinaj

(RTK2, KTV)

Chairperson of the Committee for Kosovo in the Serbian Assembly Milovan Drecun said that Interpol has not abrogated the arrest warrant for Ramush Haradinaj.

“The arrest warrant has become invisible, which implies that Haradinaj may travel to France or to some other country and be not arrested, but if he comes to the territory of Central Serbia, this will certainly not be the case,” Drecun told Prva.

Drecun added that the decision of Interpol was political.

According to Serbian media, Serbian Ministry of Internal Affairs, Ministry of Justice, and War Crime Prosecutor’s Office have decided to appeal not only the decision on Haradinaj, but also on 17 other Kosovars whom Interpol has removed from its search list.

Prosecution keeps Lumezi file in contradiction with Criminal Procedure Code

(KTV)

All documents that were sequestrated from the State Archive without any court decision and that were used by the Serious Crimes Prosecution during the pre-criminal investigations on the suspected manipulated file of the Chief State Prosecutor Aleksander Lumezi, are still illegally kept by prosecutor Kujtim Munishi. Sixteen days have passed since the investigations ceased, but the documents are still kept in the State Prosecutor’s Office.

This is not explained by the Law on State Archive, but Code of Criminal Procedure defines the destination of sequestrated items. Article 116, point 1, says that provisionally sequestrated items during criminal proceedings shall be returned to the owner or possessor one the proceedings is suspended or ceased; whereas point 2 clarifies when extra time may be requested to keep sequestrated items. It may happen when there is a reasonable likelihood for a suspended investigation to restart, and that may only be done through the court, when State Prosecutor may request extra time for sequestration.

|Even the sequestration happened without a court order but only upon request of prosecutor Munishi, although Code of Criminal Procedure Article 113 is clear that evidence and items shall be sequestrated or confiscated only upon a court decision.

For three days in a row, Kohavision wrote to the State Prosecutor’s Office and to prosecutor Kujtim Munishi, in order to find out what happened with the documents that were taken from the Archive; despite the efforts, no reply was received.

Files have not been returned to the Kosovo Archive yet. This has been confirmed by State Archive officials. Director for Archive Activities Ruzhdi Panxhaj was reluctant to speak to KTV, but he said that as soon as the documents return to the Archive, the Kohavision and Betimi për Drejtësi team will be informed about it.

Upon prosecutor Munishi’s authorisation, Kosovo Police in two cases sequestrated files, on 26th October and on 11th November. The documents were received by police officer Avni Namani, with the decision of prosecutor Munishi.

Pre-criminal investigations on the case of manipulated file of the State Prosecutor Aleksander Lumezi were closed after 21 days of investigations, namely on 14th November, with the justification of lack of evidence. In his decision, prosecutor Munishi concluded that the State Prosecutor Lumezi indisputably had passed his bar examination.

Papadopoulou admits: EULEX failed to meet citizens’ expectations

(KTV)

The EULEX Head of Mission Alexandra Papadopoulou admitted that her Mission failed to meet citizens’ expectations. In an interview with Koha Ditore, Papadopoulou said they should have been clearer on what EULEX could and what it has achieved. But according to Papadopoulou, this does not mean that EULEX has failed in its job.

Speaking about the claims addressed by former President of EULEX judges Simmons, The EULEX Head of Mission said that all those who deviated from the Mission’s rules would be penalised.

Papadopoulou also commented on the PDK allegations against EULEX and about the possibility that those allegations might be related to Specialised Chambers, as well as about the future of EULEX after its mandate, which ends in June 2018.

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