The Head of the Special Anti-Corruption Structure, Altin Dumani, spoke in detail about the performance of the Special Prosecution Office at the Roundtable Discussion on "Assessment of the Institutional Architecture in Function of the Performance and Integrity of the Special Prosecution Office", organized by the Center for the Study of Democracy and Governance.
Dumani emphasized that every legal act is the product of consultation with special prosecutors, rejecting any other claims about their role.
Dumani pointed out that every action of prosecutors is controlled by the court, whether it is the first instance, the appeals court, or the Supreme Court.
"We are witnesses that many issues have been addressed in the Constitutional Court as well. The reports before the Constitutional Court and the Assembly are within the legal provisions, there is definitely a need for improvement. We are open and welcome recommendations ," declared the head of SPAK.
Regarding accountability, he mentioned the report with the ILD (High Inspectorate of Justice) or the KLP (High Prosecutorial Council).
"ILD has carried out inspections in SPAK and has also issued reports, and based on the recommendations, we have improved our working methods. To my knowledge, 61 cases have been handled by ILD with final decisions, which shows that special prosecutors are also accountable to ILD. We have a very good relationship with the KLP, there has been support for SPAK, we have communications as far as competence is concerned ," he said.
Recommendations and attempts to undermine the independence of SPAK
Stressing that recommendations should be orienting and supportive, without becoming a tool for unilateral influences that undermine the autonomy of the institution, he added that respecting the separation of powers and the role of independent institutions are key to maintaining constitutional balance, while emphasizing that it is right for the executive to limit its influence in the administrative areas of SPAK.
"Interventions that are constructive in nature are welcome, but any attempt to undermine functional independence through unclear or one-sided recommendations risks unbalancing the constitutional boundaries between the powers. In essence, they do not have a binding role for SPAK, but rather a guiding and supportive one. By respecting the separation of powers and the role of independent institutions, we can maintain the constitutional balance. The observation that the executive should limit its influence in administrative spheres is correct ," Dumani added.
Dumani also pointed out the legal gaps related to the termination of the mandate of Special Prosecutors, an issue that SPAK has seriously addressed in its periodic reports to the Assembly and the KLP. He called for a legal solution to be found for this issue, emphasizing that the special prosecutors deserve concrete and clear answers.
Among other things, Dumani also focused on individual accountability and disciplinary mechanisms, which he called key issues that will be worked on closely.
"Another point addressed in the center's document is regarding the more in-depth reflection of data on criminal prosecution. Our reports also contain information on the non-initiation of proceedings as well as their subsequent appeals to the court. Finally, I would like to focus on individual accountability, which includes the implementation of ethical standards, periodic performance evaluation and disciplinary mechanisms. We consider these to be key issues and will work closely to ensure that these mechanisms are clear, measurable and in line with the highest standards of justice ," concluded Dumani.