Republika e Kosovës / Republika Kosovo / Republic of Kosovo Prokurori i Shtetit / Državni Tužilac / State Prosecutor

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1 1 Republika e Kosovës / Republika Kosovo / Republic of Kosovo Prokurori i Shtetit / Državni Tužilac / State Prosecutor Prokuroria Themelore në Prizren / Osnovno Tužilaštvo u Prizrenu / Basic Prosecutor`s Offices in Prizren BASIC PROSECUTION IN PRIZREN 1. Performance Report of the Prosecution from 1 st of January until 31 st of March, Administrative Issues Basic Prosecution in Prizren, has in total 60 employees, out of them are: - Chief Prosecutor and 16 (sixteen) Prosecutors, for this period were: - 5 (five) Prosecutors in the Serious Crimes Prosecution Department, - 2 (two) Prosecutors in the Department for Minors; and - 9 (nine) in the General Department. Number of the supporting staff - positions: - 1 (one) Administrator, - 1 (one) Legal Associate, - 2 (two) Albanian-Serbo-Croatian Interpreters (one is suspended), - 1 (one) Chief of the Register Office, - 6 (six) Register Clerks, - 16 (sixteen) Legal Secretaries, - 1 (one) Chief Prosecutor`s Assistant, - 2 (two) Archive Officer, - 1 (one) Receptionist, - 2 (two) Couriers, - 5 (five) Security Guards, - 3 (three) Drivers; and - 2 (two) Cleaners, During the reporting period in the named Prosecution Office was assigned one more Prosecutor than initially planned. But, former-prosecutor Murtez Jahaj has resigned, his resignation was approved, and the named Prosecutor now is in the

2 2 service of Notary. Thus, currently we have the appropriate number of Prosecutors. There are allowed 6 (six) more positions for Legal Associates and the respective positions need to be fulfilled as soon as possible since it contributes in the effective performance of the Basic Prosecution in Prizren. - Disciplinary matters: For the reporting period the Disciplinary Commission of KPC has taken a decision upon which a disciplinary measure REPRIMAND was imposed. During 2012 and during the reporting period there is noticed an obvious improvement of the working conditions, starting from the sufficient working space for Prosecutors and the supporting staff, and administrative support with equipment and proper working conditions. All Prosecutors are equipped with cabinets, computers, printers, photocopy machines, papers and other needed office materials. A challenge for the future remains recruitment of 6 (six) more Legal Associates in this Prosecution Office, who will give their contribution. Chief Prosecutor of this Prosecution in addition to daily work of managing this Prosecution Office, has also kept contacts with Courts` Officers, Police Officers, relations between Judges and Prosecutors, coordination of the supporting staff, communication with other Institutions, communication with Prosecutors of other Prosecution Offices and other Officers with whom this Office cooperates, then every day when the Chief Prosecutor is in the office he receives parties that address requests for advises or instructions to this Prosecution. All Directives and stances received by Chief State Prosecutor, Chief Prosecutor of the Basic Prosecution in Prizren informs colleagues in the Collegium, whereas the Directives issued by Chief Prosecutor are distributed to all Prosecutors in written in order to have them informed and instructed for the future work. Following the receipt of the recommendations by the Working Group members on the implementation of the Criminal Procedure Code of the Republic of Kosovo, and following the participation in the organized training in Kosovo Judicial Institute, Chief Prosecutor of the Basic Prosecution in Prizren has distributed to all Prosecutors of the named Prosecution all mentioned recommendations so they will get familiar with these and have the opportunity to contribute with any new propositions for amendment of any article. During the reporting period in the Basic Prosecution in Prizren priority was given to cases on detention on remand and anti-corruption cases. Chief Prosecutor of this Prosecution is also in contact with Kosovo Police and reviews and requests from Police to detect undetected cases.

3 3 During the reporting period Chief Prosecutor has participated in Judicial Sessions held on the following dates: 15 th of February 2013, 26 th of February, 28 th of February, 5-6 th of March and 21 st of March, During the reporting period Chief Prosecutor of this Prosecution has received 70 cases, in the Sec. register; whereas has taken actions regarding 122 cases registered in the Sec. Register. For the registered cases with mark N. there are completed 242 cases, for the registered cases with the mark PPN 47 cases are completed, and in the NJN Case Register were inherited 12 cases. During the reporting period were received at work 8 cases in total, out of 20 requests that were received at work 9 of them are completed, whereas 11 requests have remained uncompleted. Basic Prosecution in Prizren, for the period of time January March, 2013 had at work in total 2182 cases in the PP Case Register, out of these 190 were in the Serious Crimes Prosecution Department, whereas in the General Department were 1992 cases registered in the PP Case Register, from previous years were transferred 61 cases from the PP Case Register, in the Serious Crimes Prosecution Department, whereas in the General Department in the PP Case Register cases were transferred 1298 cases. In the Serious Crimes Prosecution Department for the reporting period were solved 59 cases and there have remained 131 cases, whereas in the General Department for this period of time were solved 840 cases, whereas have remained unsolved 1152 cases. In the Department for Minors from previous years in year 2013 are transferred 324 cases from PPM Case Register, during the reporting year were received 44 cases, in total in this Department at work were 368 cases from PPM Case Register, there are solved 218 cases, whereas have remained unsolved 150 cases at work. In the PPN Case Register from previous years are transferred in total 789 cases, and during the reporting period 711 cases are received, thus in total at work were 1500 cases. In the PPN Case Register Different Criminal Cases were transferred 64 casers, during the reporting year were received 104 cases, at work in total from PPN Case Register in the Serious Crimes Prosecution Department were 168 cases, there are solved 49 cases, and there have remained 119 cases. In the PPN Case Register General Department were transferred 725 cases; during the reporting period were received 607 cases, in total at work were 1332 cases, and during the named period were solved 1184 cases and there have remained unsolved 148 cases.

4 4 In the Department for Minors from PPN-M Case Register, during the reporting period we had at work in total 12 cases, and during this reporting period were solved 6 case and there have remained 6 other cases. In the PPP Case Register-Adult Committers, from previous years were transferred cases, during the reporting period were received 396 cases, in total at work from PPP Case Register were cases, during this period were solved in total 1467 cases, and have remained unsolved cases. From PPP Case Register in the Serious Crimes Prosecution Department from previous years were transferred 441 cases, and during this period were received 92 cases, in total at work were 533 cases, out of this number are solved 136 cases and have remained at work 397 cases. From PPP Case Register in the General Department from previous years were in transferred cases, during the reporting period are received 304 cases, in total at work were cases, out of this are solved 1331 cases, whereas have remained at work Number of completed cases by Prosecutors during the reporting period for each Prosecutor is presented in the following table. Register`s Mark Sylë Hoxha Metush Biraj Bajram Hamitaga Ervehe Gashi Myrtez Jaha Mejdi Sefa Genc Nixha PP PPM PPN M 4 9 PPP PPN NJN 9 In total Register`s Mark Sefer Morina Ariana Shajkovci Mehreme Hoxha Elfete Purova Sahide Sefa Beqë Shala Arben Ramadani Admir Shala Nazan Shero PP PPM PPN M PPP PPN In total Zenel Kodra

5 5 Note: for the reporting period in PPM Case Register in 144 cases we had joinder of proceedings for minors and the respective were ceased to the Basic Prosecution in Gjakova. For the reporting period from this Prosecution were ceased to Basic Prosecution in Gjakova, 128 cases from PP Case Register. Cases from PPP Case Register during the reporting period 1215 were ceased to the competency of the Basic Prosecution in Gjakova. As it can be noticed from the report during the reporting period Prosecutors were engaged in lots of trial sessions, for which I consider has taken their time and the same could not conduct investigations of cases they had at work. Following the increase of number of Judges in the Basic Court in Prizren, which happened during the reporting period, the assignment of trial sessions has increased significantly, thus the Prosecutors had to represent indictments of the cases. Thus, I consider that following the resignation of Prosecutor Murtez Jahaj, in the Serious Crimes Prosecution Department shall be fulfilled two more posts of Prosecutors, who will be transferred from the General Department and Department for Minors. Taking into account number of the completed cases, their type and daily engagements of the Prosecutor who have participated in trial sessions, I consider that the Basic Prosecution in Prizren was very effective. Challenge of this Prosecution during the reporting period I consider was the amendment of the legislation following the entry into force of the Criminal Code of the Republic of Kosovo and the Criminal Procedure Code as well, for which we were not sufficiently prepared, but during the respective period thanks to the cooperation, collegium of Prosecutors and cooperation with Police and Court, no procedural omission was recorded. With the purpose of informing and coordination and cooperation with Police Investigators, Chief Prosecutor has also appointed joint meetings with certain Investigation Police, with Commanders of Police Stations and Regional Directorate of Police. During the reporting period, January-March, 2013, Basic Prosecution in Prizren has received in total: - 82 Decisions on initiation of investigations; - 28 Decisions on initiation of preparatory procedure. Whereas, the Decisions taken individually by every Prosecutor look as follows: -Bajram Hamitaga, has taken in total 6 Decisions on initiation of investigations; -Ervehe Gashi, has taken in total 11 Decisions on initiation of investigations; -Myrtez Jahaj, has taken in total 3 Decisions on initiation of investigations;

6 6 -Mejdi Sefa, has taken in total 11 Decisions on initiation of investigations; -Metush Biraj, has taken in total 6 Decisions on initiation of investigations; -Genc Nixha, has taken in total 8 Decisions on initiation of preparatory procedure, 4 Decisions on initiation of investigations -Nazane Shero, has taken in total 19 Decisions on initiation of preparatory procedure, and 2 Decisions on initiation of investigations -Sefer Morina has taken in total 2 Decisions on initiation of investigations; -Ariana Shajkovci has taken in total 8 Decisions on initiation of investigations; -Mehreme Hoxha, has taken in total 10 Decisions on initiation of investigations; -Efete Purova has taken in total 2 Decisions on initiation of investigations; -Sahide Sefa, has taken in total 6 Decisions on initiation of investigations -Beqë Shala, has taken in total 3 Decisions on initiation of investigations -Arben Ramadani has taken in total 3 Decisions on initiation of investigations -Admir Shala has taken in total 3 Decisions on initiation of investigations -Zenel Kodra has taken in total 2 Decisions on initiation of investigations For the reporting period, Prosecutors of Basic Prosecution in Prizren have participated in the trial sessions as follows: -Sylë Hoxha has participated in 8 trial sessions; -Metush Biraj, has participated in 73 trial sessions -Bajram Hamitaga 22 trial sessions -Ervehe Gashi, 67 trial sessions -Myrtez Jahaj, 34 trial sessions -Mejdi Sefa, 53 trial sessions -Genc Nixha, 63 trial sessions -Nazane Shero, 75 trial sessions -Sefer Morina, 49 trial sessions -Ariana shajkovci, 80 trial sessions -Mehreme Hoxha, 120 trial sessions -Efete Purova, 135 trial sessions -Sahide Sefa, 130 trial sessions -Beqë Shala, 135 trial sessions -Arben Ramadani, 147 trial sessions -Admir Shala, 141 trial sessions -Zejnel Kodra, 136 trial sessions During the reporting period, almost all Prosecutors of this Prosecution Office had the opportunity to participate in different trainings organized by: Kosovo Judicial Institute, OSCE, and other meetings organized in the regional level between Police Investigators Prosecution and Court.

7 7 Prosecutors of this Prosecution Office in addition to representing indictments in the Court of Prizren and its branches in Suhareka and Dragash, since two Penal Judges of the Basic Court in Prizren work in the building of the former Minor Offences Court, going to the respective destination takes time since prosecutor need transport with vehicle. I consider that fulfillment of six more vacant posts for Legal Associates is more than necessary taking into account the overload of work this Prosecution has with cases and types of cases. I also consider that within the number of Legal Associates there is necessary to recruit a Financial Expert, namely a graduated economist, since we have economic crimes to cover as well, and a graduated economist would help professionally to lots of Prosecutors in this Prosecution. I thank you for your understanding and I am ready to answer all certain questions regarding the quarter report, for period of time January-March, Chief Prosecutor Sylë Hoxha