The election of the chairperson and deputy chairperson of the Kosovo Prosecutorial Council is being seen as an important momentum for the institution to open a new competition for the position of State Chief Prosecutor, a role that has been held in an acting capacity for nearly four years.

Justice system experts believe that the Council’s priority should now be the appointment of a State Chief Prosecutor with a full mandate.

This position has been held in an acting capacity since Aleksandë Lumezi’s mandate ended in April 2022. Initially, Besim Kelmendi acted in this role, but currently Agron Qalaj serves as acting Chief Prosecutor.

The executive director of the Kosovo Institute for Justice (IKD), Ehat Miftaraj, criticized the Kosovo Prosecutorial Council, saying the institution has hesitated to appoint a full State Chief Prosecutor.

He emphasized that the absence of a fully mandated Chief Prosecutor creates uncertainty within the prosecutorial system and negatively affects transparency and accountability.

“Unfortunately, the Kosovo Prosecutorial Council has hesitated, in a way obstructing an approach where Kosovo’s prosecutorial system could be accountable and transparent to the public. This means it has also refused to appoint this position… Every day that the Republic of Kosovo remains without a fully mandated Chief Prosecutor prolongs this weakness and hampers the fight against organized crime and corruption in our society, values that are repeatedly highlighted in progress reports and international evaluations,” Miftaraj stated.

Miftaraj also told KosovaPress about the damages caused to the prosecutorial system by the absence of a fully competent Chief Prosecutor, noting that public trust in the institution has declined in recent years. He added that a culture of impunity has developed among officials within the system.

“Unfortunately, a culture of impunity has been built among officials in the system when they violate the code of ethics or commit criminal offenses. Meanwhile, public trust in this system has steadily declined over the past seven to eight years. The position of State Chief Prosecutor is not a magical solution, because it is the Kosovo Prosecutorial Council as a collegiate body that manages the administration of the prosecutorial system, but the Chief Prosecutor serves as an example and can guide other prosecutors,” he explained.

Researcher at Lëvizja Fol, Burbuqe Kastrati, also believes it is now the right moment to announce the competition for the State Chief Prosecutor.

“Since April 2022, and again in October 2023 when the KPC candidate was not decreed by the President of the Republic, I believe that now, with the reforms in the Prosecutorial Council implemented, it is very important that one of the first actions of the Kosovo Prosecutorial Council be to announce the competition for the State Chief Prosecutor. This should be a priority, as the position has been acting for four years. It is extremely important to have a Chief Prosecutor with constitutional and legal competencies,” Kastrati said.

According to her, the lack of willingness within the Council has left the institution without a fully competent Chief Prosecutor. She also noted that delays in this process have reduced citizens’ trust in the prosecutorial system.

“The lack of willingness within this institution, by delaying the process for appointing the State Chief Prosecutor, has affected public trust in the prosecutorial system. I believe that with the reform implemented in January this year in the Kosovo Prosecutorial Council, it is now a crucial moment for the Council to act as a priority by announcing the competition for the State Chief Prosecutor, so that this position can be filled and fully functional,” she emphasized.

KosovaPress attempted to get a response from the Kosovo Prosecutorial Council on whether the competition for the State Chief Prosecutor will soon be opened, but no reply was received at the time of publication.

It is worth recalling that Blerim Isufaj was proposed by the Council for the position of State Chief Prosecutor. However, the country’s President, Vjosa Osmani, did not decree Isufaj, citing legal violations during the selection process, which the KPC contested by resubmitting the same candidate. Criticism had also come from civil society.