Referring to Article 110 of the Constitution of the Republic of Kosovo and the Law on Kosovo Prosecutorial Council (Nr.03/L-244) Recalling internationally recognized human rights standards and fundamental freedoms which in particular guarantee to everyone the principle of equality before the law, the presumption of innocence and, the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law; Having regard for the United Nations Basic Principles on the Independence of the Judiciary, endorsed by the United Nations General Assembly in November 1985, as well as the guidelines on the role of prosecutors adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders; Referring to Recommendation No. R (19) 00 of the Committee of Ministers of the Council of Europe to member states on the role of public prosecution in the criminal justice system; Recognizing that state prosecutors play a crucial role and carry out important responsibilities in the administration of justice act, in particular, on behalf of society and in the public interest, are in charge of ensuring the application of the law where the breach of the law carries a criminal sanction, taking into account both the rights of the individual and the necessary effectiveness of the criminal justice system; Acknowledging that propriety, and the appearance of propriety, are essential to the performance of all of the activities of a prosecutor; Recognizing that in accordance with the Universal Declaration of Human Rights, prosecutors are like other citizens entitled to freedom of expression, belief, association and assembly provided, however, that in exercising such rights, a prosecutor shall always conduct himself/herself in such a manner as to preserve the dignity of his/her office, and the impartiality and independence of the prosecutorial institution; and, Acknowledging that the principle of separation of powers must be respected in connection with prosecutors tasks and activities outside the criminal law field and the role of courts to protect human rights;
Conscious of the necessity that legislative provisions calculated to promote the effectiveness, impartiality, independence, and fairness of state prosecutors, Kosovo Prosecutorial Council (KPC), adopts: THE CODE OF ETHICS AND PROFESSIONAL CONDUCT FOR PROSECUTORS Article 1 Purpose This Code defines the standard of ethics and professional conduct that should be observed by prosecutors. A breach of this Code constitutes grounds for sanctions as provided for, and in accordance with provisions of the current legislation, and applies to all state prosecutors, of all organizing levels of the prosecutorial system in Republic of Kosovo. Article 2 General Principles 1. The specific forms of misconduct described in this Code are not exhaustive. Any misconduct or action undertaken by a prosecutor, even though not expressly contemplated by the provisions contained herein, or by other applicable codes, laws, or bylaws, but having a similar effect, shall be considered a breach of this Code and consequently sanctioned 2. A prosecutor shall act at all times in a manner that promotes public confidence in the dignity, integrity, effectiveness, independence, and impartiality of prosecutors. 3. A prosecutor shall: a) Observe high standards of professional and personal conduct, b) Respect, and comply with, the law, c) Perform the duties of office impartially and diligently, d) Avoid any conduct and situation that could lead to a prosecutor s integrity or impartiality being questioned, and e) Perform his/her duties in conformity with internationally recognized human rights standards. 4. The provisions above apply not only to a prosecutor's professional life but also to his/her private life, whenever a prosecutor s actions may impair the prosecutor's image in the public eyes, thus affecting the institution of the prosecution system as a whole. 5. A prosecutor shall not engage in any activity, including political activity, which is incompatible with his/her functions. 6. A prosecutor shall not hold an office in, or be a member of, any political party. 2
7. The prosecutor s duty is the search for the truth, which entails taking into account all of the evidence, whether it favors the defendant or not. All prosecutors must perform their duties and responsibilities in good faith, and must honor the presumption of innocence at all times during an investigation, court proceedings, and during appeal. Article 3 Specific Rules of Ethics Prosecutorial Activities 1. A prosecutor shall maintain and improve the highest standards of professionalism and legal expertise, and, for that purpose, engage in continuing legal education and training whenever available. 2. Particularly, a prosecutor shall respect and apply: a) The principles and ethical duties of their office as set forth in this Code of conduct; b) The legal rights of suspects, victims, and witnesses; c) Human rights and freedoms as laid down by international instruments; d) Principles and practices regarding organization of work, management and human resources in a prosecutorial, judicial, and prosecutorial context. 3. A prosecutor must be aware and acquire knowledge of: a) The legal framework, mechanisms and available resources for performing his/her duties; and, b) The types and development of criminality, as well as requirements and modalities of international cooperation on criminal matters. 4. A prosecutor has in particular the responsibility to avoid any potential conflict of interest based on family or social relationships, as well as financial or professional relationships, in compliance with legislation on prevention of conflict interest. 5. In any event, if a prosecutor becomes aware of any other conflict of interest or there are any other circumstances that might raise doubts as to his or her impartiality in a case, he/she must discontinue all activity on the case and immediately report in writing such circumstances to the supervisor of the prosecutor s office. If the supervisor of the prosecutor s office finds that there is no conflict of interest in the case, he/she shall inform the prosecutor in writing about his/her ability to continue working on the case. 6. In any event, if a prosecutor hides, respectively dos not report a 3
conflict situation or any other circumstance that may give rise to doubt about his/her impartiality, but any of his/her colleagues is aware of such situation, it would be obligatory for this prosecutor to report the situation to the Chief Prosecutor. 7. Regarding the relationship between a prosecutor and his/her supervisor: a) A prosecutor must be permitted to perform his/her duties and responsibilities without unjustified interference; b) A prosecutor must be permitted to perform his/her duties and responsibilities without unjustified exposure to civil, penal, or other liability; c) A prosecutor must respect legal instructions given by his/her supervisor according to the hierarchy; d) A prosecutor enjoys the right to request that instructions addressed to him/her by a supervisor be put in writing; e) A prosecutor must account periodically for his/her activities as a whole, and, in particular, the way in which he/she performed his/her responsibilities. 8. In their relationship with judges, a state prosecutor shall: a) Respect the independence and the impartiality of judges; he/she shall neither cast doubt on judicial decisions nor hinder their execution, except when he/she is exercising his/her rights of appeal or invoking some other procedure in accordance with the law; b) Be objective and fair during court proceedings; c) Refrain from publicly criticizing judges in an inappropriate manner. 9. In his/her relationship with the police and other authorities, a prosecutor shall:. a) In cases where applicable law requires a prosecutor to lead preliminary criminal proceedings, or allows him/her to demand that law enforcement agencies undertake specific actions, the prosecutor must give clear, lawful instructions, as appropriate, with a view toward an effective criminal prosecution; b) Promote reporting and sanctioning, if appropriate, of criminal activity; c) In every case promote appropriate and functional cooperation with the police and other law enforcement agencies. 10. In his/her relations with defense attorneys, a prosecutor shall: 4
a) Always act with integrity; and, b) Never engage in improper or unfair conduct. 11. In the performance of his/her duties toward individuals, while performing his/her functions a prosecutor shall: a) Carry out his/her functions in a fair, impartial, and objective manner; b) Respect, and seek to protect, human rights; c) Seek to ensure that the criminal justice system operates as efficiently and expeditiously as possible. This implies that prosecutors will not engage in any forms of absenteeism, inefficiency, and negligence at work and make sure that proper coordination is achieved with law enforcement agencies when prescribed by the applicable law, taking due account also of the potential for plea agreements, discretionary decisionmaking, and mediation; d) Abstain from discrimination on any ground by avoiding any discriminatory attitude against any person or persons based on any ground, including sex, gender, age, marital status, language, mental or physical disability, sexual orientation, political affiliation or conviction, ethnic origin, nationality, religion or belief, race, social origin, property, birth, or any other status; e) Ensure equality before the law, taking into account all relevant circumstances, including those affecting the suspect, irrespective of whether they are to the suspect s advantage or disadvantage. 12. A prosecutor shall: a) Not initiate or continue prosecution when he/she is obliged not to do so under the law, or when there is no basis prescribed by law; b) Not present invalid evidence that could affect the validity of the proceeding itself; c) Seek to safeguard the principle of equality of arms, in particular by disclosing to the other parties, except when otherwise provided in the law, any information that he/she possesses which may affect the just outcome of the proceedings; d) Keep confidential information obtained from third parties, in particular where the presumption of innocence is at stake, unless disclosure is required in the interest of justice or by law; 5
e) Take proper account of the interests of the witnesses, especially taking or promoting measures to protect their lives, safety, and privacy, or see to it that such measures have been taken. f) Take proper account of the views and concerns of victims when their personal interests are affected; g) Not allow improper influences to obstruct the prosecution of public officials for offences committed by them, particularly corruption, unlawful use of power, serious violations of human rights, and other crimes recognized by international law; h) Not, and members of his/her family shall not, under any circumstance, accept gifts, favors, privileges, or promises for material help from any person having a direct or indirect interest in a case they are in charge of; and, i) Subject to the provision of Article 6(b), above, remain free to submit to the court any applicable legal arguments, even when he/she is under a duty to follow instructions received in writing. 13. A prosecutor may keep open and active communications with the public and the news media. Article 4 Non-Prosecutorial Activities 1. In principle, a prosecutor may carry out activities outside his/her scope as a prosecutor, including those activities which are the embodiments of his/her rights as a citizen or which represent his/her professional interests and independence. 2. As an exception to paragraph 1 above, a prosecutor may not carry out activities incompatible with the reputation of the institution, or negatively affect professional and public confidence in the prosecutorial system. 3. In particular, a prosecutor shall not: a) Engage in any activity, including political activity, which is incompatible with a prosecutor s functions; b) Hold an office in or be a member of any political party; or, c) Engage in any non-prosecutorial activity during working hours without a prior approval by KPC. Time and engagement conditions are determined by KPC with a respective decision. 4. A prosecutor is forbidden from using their position, or information that he/she obtains through his/her position for either his/her own personal gain or for the personal gain of anyone else. 6
5. A prosecutor shall not solicit funds for himself/herself, an organization or agency, allow his/her name to be used in solicitation of funds, or allow the use of the institution s authority for that purpose. 6. A prosecutor may not belong to an organization that supports or promotes discrimination, or engage in any type of activity that is incompatible with a prosecutor s functions. 7. A prosecutor shall refrain from financial and business dealings that may reflect adversely on his/her ability to carry out his/her function in an impartial, professional, and independent fashion. 8. Every year a prosecutor must declare to the Kosovo Anti-Corruption Agency his/her assets, in accordance with the law. Article 5 Administrative Responsibilities 1. A prosecutor shall discharge his/her administrative responsibilities with professionalism and diligence, and shall cooperate with law enforcement agencies, judges, and other Court officials in the administration of a prosecution office's activities. 2. In particular, a prosecutor shall: a) Respect the necessary obligations pertaining to his/her function in terms of supervision of the staff under his/her control, or supervision; b) Organize his/her activity and respect the particular obligations of time and duty necessary to performing such activities; and, c) Comply with the administrative instructions from the Kosovo Prosecutorial Council to the extent such instructions are aimed to rationalize and improve a consistent managing of the prosecution office s operations, and provided that this does not interfere with the free decision-making of a prosecutor in a particular case. 3 With respect to the organization and the internal operation of a prosecution office, particularly including assigning and re-assigning of cases, a prosecutor shall avoid any undue influences, and maximize the proper operation of the criminal justice system, specifically considering the levels of legal qualification and specialization that are to be devoted to each matter. 7
Article 6 Coordination with Other Codes of Conduct 1. In case of a contradiction between any provision of this Code of Conduct and a provision of another professional code of conduct applicable to a prosecutor, this Code shall prevail. 2. This Code shall be amended and completed with a decision issued by KPC. Final Provisions Article 7 Entry into force This Code shall enter into force the day of adoption by Kosovo Prosecutorial Council. Adopted on: July 31, 2012 Ismet Kabashi Chair of the Kosovo Prosecutorial Council 8