On Tuesday, at 10:00, when the Prime Minister of Kosovo has been ordered to give testimony at the Special Prosecution Office of Kosovo, he is expected to participate in the laying of the cornerstone of a kindergarten in the city of Gjilan.
At least that's what the Ministry of Education, Science, Technology and Innovation has warned.
Radio Free Europe asked the Kosovo Government whether Kurti would respond to the order, but has not received any response.
How did it get to this point?
The Basic Court in Pristina confirmed days ago that it has issued an order obliging Kurti to give his testimony as a witness in a case related to suspicions of misuse of state reserves, after the prime minister failed to appear at two invitations issued to him by the Prosecution in recent months.
The Prime Minister himself has said several times that he has not refused the invitations, but insists that he give the testimony in his office at the Prime Minister's Office. His office has sent a request to the Basic Court, asking this institution to order the Prosecutor's Office to take the testimony at the Prime Minister's Office.
Kurti claims that the Prosecution has taken testimony from the Prime Minister's office in the past - without mentioning any names - while justifying his refusal to go to the Prosecution with the statement that he does not want to become "world news" that the Prime Minister is allegedly suspected of a corruption case.
In the same line with him is the Minister of Justice of Kosovo, Albulena Haxhiu.
For him, the Prosecution's request against Kurti is political.
"The justice system in the Republic of Kosovo has never been freer from political influence. But, I must say, it has never been more political. Since they could not stop us with actions in the Assembly, the opposition, or some of the analysts in the television studios, have chosen the Special Prosecution, but they cannot stop us," Haxhiu declared on February 26, without mentioning anyone by name, and without providing any evidence for the claims made.
What does the law provide?
Vullnet Bugaqku, senior researcher at the Kosovo Democratic Institute (KDI), told Radio Free Europe that the procedures for such a situation are regulated by the Criminal Procedure Code.
"Every time there is an invitation, whether to the Court or the Prosecutor's Office, all persons, regardless of their position, are obliged to respond positively to the invitation of the police, the Prosecutor's Office, or the courts, to give testimony in these institutions," he said.
According to Bugaqku, refusing to testify, without any reason that would be valid for the prosecutor of the case, or for the judge, forces the institutions to try to convince the person to testify, either through imposing a preliminary fine, in this case of 250 euros, or later through sending him into detention for 30 days.
Asked whether a fine could be imposed on Kurti immediately, in case of failure to appear at the Prosecutor's Office on March 4, Bugaqku said that everything depends on the pre-trial judge.
"Perhaps he will be given another chance, sent another invitation, before being fined for failure to respond to the justice authorities and failure to cooperate with the justice authorities in giving his testimony."
According to him, such an approach by the prime minister could be seen by the justice system as an obstruction of investigations aimed at uncovering the truth in the case of state reserves.
Has something like this happened before in Kosovo?
Yes. In 2011, Blerim Kuçi, then mayor of Suhareka, was detained for 30 days after refusing to testify on suspicions related to crimes committed by former members of the Kosovo Liberation Army.
Before the detention, he had been fined 250 euros.
Kurti's behavior challenges the principle of equality before the law
Vullnet Bugaqku, as well as many other justice experts, believe that Kurti's behavior creates the wrong impression that the principle of equality before the law does not apply to high-ranking officials.
"This creates a bad stain on the separation and balance of powers, and it should be known that the equality of the law applies to everyone, both to those who hold high positions and to every other citizen of the Republic of Kosovo."
The case of state reserves
In 2023, three people were arrested in connection with the state reserves case. Among them were employees of the Ministry of Industry, Entrepreneurship and Trade (MINT), led by Rozeta Hajdari, who, during her appearance as a witness at the Special Prosecution Office, chose to remain silent.
In 2023, raids were carried out at this ministry after the publication of audio recordings by the Nacionale portal, which claimed that a quantity of oil, purchased in Poland, and a quantity of wheat, purchased in Turkey, had never arrived.
Hajdari said that purchases for state reserves were made in accordance with the law, but did not provide further details, since the information about them is a state secret.
She accused the police of seizing documents classified as state secrets as evidence during the raids.
Kurti had come to Hajdari's defense, saying that "there is no corruption or misuse."/ REL (A2 Televizion)
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