The US Ambassador to Kosovo, Greg Delawie, held a lecture at the Palace of Justice, in front of the auditorium with law students. He told them that politicians should take a step back and justice institutions should take a step forward.
Delawie told the law students that he hopes they will become the brave leaders of tomorrow's Kosovo. The fight against crime and corruption has been his priority in the leadership of the Embassy, he said. He spoke about the successes in the rule of law, while he mentioned USAID's assistance to Municipalities for open procurement and that of OPDAT of the Department of Justice - which is also implementing the guide for punitive policies for judges.
"This guidance will help judges to resist outside pressure to impose lenient sentences on those with ties and instead be able to give consistent sentences to convicted individuals across the country." he said, while adding that there is still a lot of work to be done.
"Because even with these achievements, recent events represent open threats to the rule of law in Kosovo. Especially the case that everyone is talking about – the war veterans pension case – that affects every important aspect of the rule of law in this country. The case of pensions for war veterans recalls the time of the war in Kosovo, has significant consequences for the state budget, involves allegations of high-level fraud and corruption, and implies that there has been political interference and intimidation - including within the institutions of the public sector. justice", said Delawie, among other things.
Since recently EULEX has transferred the responsibility for the justice sector to the Kosovar institutions, there is no one else to deal with this, said Delawie, adding that Kosovo now has the ownership of the justice system.
"If she doesn't do the right thing, no one else will," he said.
Delawie said that "taking into account all that I just described, I believe that Kosovo has reached an important turning point". According to him, there are two important issues that must be addressed urgently.
"First, we've seen allegations of high-profile fraud by senior public officials in approving veteran status — starting with 19.000 of them — who, in all likelihood, should not have qualified for benefits. We have heard that some applicants have openly stated that they were children at the time of the conflict or that they had health issues not related to the war. And yet, a number of officials still approved their requests for benefits outside the law's criteria. This is the essence of this case: decision-makers in power who ignore the law", said Delawie.
He said he expects further investigations and actions to eliminate the huge gap between the number of pensions and the number of fighters identified after the war.
"We have researched the archives in Washington and Kosovo has never claimed that there were more than 15.000 KLA fighters. It is amazing how the number of beneficiaries, 20 years after the conflict, is increasing and not decreasing. In short, the account is not coming out", said Delawie.
Second, according to him, we have seen open political and institutional intimidation, through threats and personal attacks against a prosecutor - behavior that only supports his assertions of threats and political pressure as the reason for his resignation.
"The statements of the leaders, fortunately, have changed in a positive direction during the past days, acknowledging that this case must continue. However, we cannot ignore that there has already been intimidating behavior. This creates a hostile environment for any future prosecutor or judge, which ultimately brings this case – or any other politically sensitive case – to the bottom,” said Delawie.
The first of the USA has said that this threatening behavior is completely disrespectful to the trust of the public opinion that they have given to the leadership of Kosovo.
"And the public is clearly tired of the excuses, blaming each other and refusing to take responsibility. Kosovo needs courageous leaders to take these allegations of corruption seriously, to admit that people with political connections may be involved, and to pledge to the public that they will allow this case to go forward. These courageous leaders should see this as a great opportunity to earn the trust of the public and begin to restore faith in the justice system."
Delawie has said that Kosovo needs courageous leaders because Kosovo will be judged: by its own citizens, by European governments and others, like me, who are watching – not because there is a high-level corruption scandal, but about how he will handle the problems that this case has brought to light.
"Ignoring or permanently delaying the war veterans pension case and other cases involving serious corruption would quickly undo the last 10 years of progress. But, at this point of return, there is another way. Politicians must guarantee the prosecution and judiciary their legal independence, free from intimidation and undue influence, to pursue this case and other high-profile cases – even if that means going after prominent personalities.” , he said.
"And then, prosecutors and judges must perform their work without fear and without confusion. In other words: Politicians need to take a step back. And justice institutions must take a step forward. And then, this case can become a successful story", he added later.
Success, according to him, would be a process that ensures that each side has a fair and equal opportunity to be heard and where decisions are made based on evidence and not for political gain.
"In the end, the continuation of this case is the right step towards honoring the veterans of Kosovo, to ensure that the budget does not go bankrupt and to demonstrate the maturity of the government", said Delawie.
Success also means that Kosovo must develop a political and public service system that rejects the intimidation of citizens who have faith in maintaining accountability and justice, said Delawie, as he added that civil society is already helping to achieve this.
"Journalists and civil society organizations of Kosovo are entering a new wind of professionalism and maturity. I can't think of any more important achievement on the country's tenth birthday than having a strong, independent and courageous press."
He also spoke about the work of journalists.
"And you have achieved this. Your journalists are showing that they are the most efficient institution to hold public officials accountable. Your vocal and active civil society organizations are holding dynamic debates on important issues, developing online tools to make government activities more transparent, and demanding better government performance. This is bold leadership. These individuals and organizations are systematically shining a light on difficult issues and demanding accountability," said Delawie.
Institutions must also do their part to protect the mission of justice.
"The package of the Law on disciplinary responsibility should pass the second reading in the Assembly in the fall. This law will ensure the integrity of the justice system by providing a way to address misconduct by judges and prosecutors. Kosovo needs this because - as many of us know - the current system does not punish prosecutors who do not participate in hearings or judges who hold hearings without the presence of the relevant parties. And as a result, criminals walk freely among you.
A whistleblower protection law should also be passed in Parliament to combat this culture of impunity by protecting whistleblowers from retaliation. And internal institutions should reward and not punish the people with the best performance. It is precisely these individuals with good performance who will become the next generation of Kosovo's heroes, holding others accountable on behalf of the citizens".
He ended his speech with an order.
"My call to action today is addressed equally to the courageous leaders of Kosovo and the citizens of Kosovo. I encourage you all to expect more, ask for more and achieve more. Do not succumb to the cynical view that corruption is everywhere and nothing can be done. While I can assure you that my colleagues and I will continue to exert pressure in private and public meetings - it is indeed up to the people of Kosovo to demand that your leaders and institutions enable a fair and efficient distribution of justice" , Delawie said.
“I know you want this. I know there are good people in government who want that. And know that you can achieve this by raising your expectations and demanding that they be met. It will take a lot of brave leaders willing to do the right thing, especially when it is politically difficult. But it can happen and your country will thank you for this," he added.