Visar Krasniqi, a non-prosecutor member of the Kosovo Prosecutorial Council from civil society, has said that the decision to dismiss the acting chief state prosecutor, Besim Kelmendi, is illegal. Krasniqi was one of five members of the KPC who left the meeting on Thursday where the proposal for dismissal was being considered.
Krasniqi stressed that the decision has no legal effect. He added that the five members who left the meeting were not informed afterwards that the meeting was continuing with the other five members.
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Letter to the Reader — Why We're Asking for Your Support ContributeHe stated that Kelmendi continues in office, despite the decision issued today.
"Five members of the KPK today attempted to make a decision to dismiss the acting chief prosecutor without having the quorum required by law. Voting with five members does not constitute a constituted meeting and consequently does not constitute a decision with legal effect. This fact was also noted by the chairman of the KPK himself, Hajdaraj, when he concluded that there was no quorum with the departure of the 5 members," he said at a press conference.
Krasniqi said that any decision taken in the absence of a quorum is a non-existent act and does not produce any legal effect, while adding that the removal of members was the only mechanism to stop an "illegal act".
As he said, this was a plan behind which stands the Chief Prosecutor of the Special Prosecution Office, Blerim Isufaj.
"The proposal to dismiss Kelmendi was based on a clear logic of an institutional coup, attempting to finally decide on the leadership of the State Prosecution illegally. In a similar vein, the acting prosecutor said at the meeting that behind all this organization stands the chief prosecutor of the Special Prosecution Office, Blerim Isufaj."
Krasniqi has called on relevant institutions to assess the legal situation, while he has called on the Police to take care of the safety of KPK members.
"We invite relevant institutions to assess the violations committed today by the 5 members of the KPK. We invite the KIA to assess the situation and maintain legal security in the country. We invite the Police to take care of the level of security for the members who are here today. The justice bodies to assess the legal situation after these actions. We invite civil society organizations and the media to monitor developments that undermine the functioning of the rule of law."
