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Silence and Integrity: Sectioning the Marginalized of Police Offenses in Kosovo Healthcare Union of Kosovo Pristina - 2019 Consulting Article on the - Draft Law of Police Pensions Brian Macy 1 and Jeton Shabani 2 Abstract According to the Criminal Code of the Republic of Kosovo 06/L-074 a criminal offense is an action that infringes and violates the freedoms, human rights and social values guaranteed and protected by the Constitution of the Republic of Kosovo and international law. The 06/2012 A.I. of the M.I.A. of Kosovo classifies major and minor disciplinary violations and forms the basis of internal prosecution processes. Prior to this paper, no evident research regarding police criminality was conducted but yet U.S. State Department Reports on Human Rights send distressing signals about crime and misconduct in Kosovo. By gathering relevant data on the witnesses and general public together with annual reports of the Kosovo Police Inspectorate we try to give a final narrative on this issue and comment for the upcoming Law of Police Pensions of Kosovo. Keywords Criminal Law, Kosovo Police, KPI, Administrative Instructions, Pensions, State Department, UNODC, Human Rights The Republic of Kosovo has a good legislative framework 2 consisting itself with various admin- istrative instructions with clear and practical def- initions of assorted offenses varying from lower disciplinary offenses to crimes against human- ity. This legal framework undoubtedly is a vital product of the international missions residing in Kosovo, especially the capital and human resource endowments from the United States and the Euro- pean Union Missions 3,4 . The basis of the study consists of a full broad compilation of legislature and administrative publications used to address specific o bject o riented q uestions, i ncluding The Criminal Code of the Republic of Kosovo 5 ; The Law on Police 6 ; The Law of the Kosovo Police Inspectorate 7 A.I. 06/2012 & 15/2008 about Dis- ciplinary Violations 8 . A.I. 20/2015 on the Initiation of Criminal Investigations, A.I. 21/2015 about Inspections on 1 Turning Point U.S.A., U.S. 2 Healthcare Union of Kosovo, str. Agim Ramadani, Zyra 55, Pristina, Republic of Kosovo Introduction Despite a body of literature exploring police mis- conduct and corruption, just a handful of stud- ies exist on crime committed by police officers. Because of the lack of data, sensationalized news reports about police crime may create an unfa- vorable public image of the police, hampering trust and the community relationship necessary for effective policing. In addressing the issues brought by the complex environment partly caused by the population density, culture and the political environment 1 in which the police conducts its operational practices we objectively researched links between partisan political demands within possible “cycles of corruption” and periodical unique reactive cases which provided us with insights about the code of conduct of the Police Inspectorate and Local Police Bureaus including but not limited to Interactions with the suspects, victims, investigations about economical crime, corruption, crimes against humanity.

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Silence and Integrity: Sectioning theMarginalized of Police Offenses inKosovo

Healthcare Union of KosovoPristina - 2019

Consulting Article on the - Draft Law of Police Pensions

Brian Macy1 and Jeton Shabani2

AbstractAccording to the Criminal Code of the Republic of Kosovo 06/L-074 a criminal offense is an action

that infringes and violates the freedoms, human rights and social values guaranteed and protectedby the Constitution of the Republic of Kosovo and international law. The 06/2012 A.I. of the M.I.A. ofKosovo classifies major and minor disciplinary violations and forms the basis of internal prosecutionprocesses. Prior to this paper, no evident research regarding police criminality was conducted butyet U.S. State Department Reports on Human Rights send distressing signals about crime andmisconduct in Kosovo. By gathering relevant data on the witnesses and general public togetherwith annual reports of the Kosovo Police Inspectorate we try to give a final narrative on this issueand comment for the upcoming Law of Police Pensions of Kosovo.

KeywordsCriminal Law, Kosovo Police, KPI, Administrative Instructions, Pensions, State Department,UNODC, Human Rights

The Republic of Kosovo has a good legislative framework2 consisting itself with various admin-istrative instructions with clear and practical def-initions of assorted offenses varying from lower disciplinary offenses to crimes against human-ity. This legal framework undoubtedly is a vital product of the international missions residing in Kosovo, especially the capital and human resource endowments from the United States and the Euro-pean Union Missions3,4 . The basis of the study consists of a full broad compilation of legislature and administrative publications used to address specific o bject o riented q uestions, i ncluding The Criminal Code of the Republic of Kosovo5 ; The Law on Police6 ; The Law of the Kosovo Police Inspectorate7 A.I. 06/2012 & 15/2008 about Dis-ciplinary Violations8 .

A.I. 20/2015 on the Initiation of CriminalInvestigations, A.I. 21/2015 about Inspections on

1 Turning Point U.S.A., U.S.2 Healthcare Union of Kosovo, str. Agim Ramadani, Zyra55, Pristina, Republic of Kosovo

Introduction

Despite a body of literature exploring police mis-conduct and corruption, just a handful of stud-ies exist on crime committed by police officers. Because of the lack of data, sensationalized news reports about police crime may create an unfa-vorable public image of the police, hampering trust and the community relationship necessary for effective policing.

In addressing the issues brought by the complex environment partly caused by the population density, culture and the political environment1

in which the police conducts its operational practices we objectively researched links between partisan political demands within possible “cycles of corruption” and periodical unique reactive cases which provided us with insights about the code of conduct of the Police Inspectorate and Local Police Bureaus including but not limited to Interactions with the suspects, victims, investigations about economical crime, corruption, crimes against humanity.

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have become imperative in tackling this abuse of power 9

[Figure 1 Respondent acknowledgment about bribery]

Considering "the confidence in the importance of ethical practice",then its evident absence in both primary police coaching and vocational instruction indicates cause for worry and the potential need for further analysis and initiative Police anti-corruption Training (PACT) is one of the instruments being promoted but remains to be enforced, sometimes referred to as ethics or integrity training. This kind of headline situation occurs almost every year, involving a corrupt police officer operating alone or with somebody else.

Any police inquiry into crime or misconduct is rendered more challenging by involving insiders. There is also the risk that friends or associates will alert the insiders themselves. Investigation methods can be damaged and police intelligence can be handed on to the very individuals that the schemes are meant to capture.

Second Topic On the issue of reporting potential economic offenses, this would only be done by a small percentage of citizens, with only 10.8 percent of citizens of Mitrovica ready to act. The "crime" designation is used here in a wide context as a feature of a course of intervention that offers adequate basis for legislative enforcement intervention, effective civil proceedings, criminal proceedings, or all of these, in compliance with standing theory in the wider white collar crime literature. Hence, the concept of economic fraud is not restricted to behavior that infringes criminal law but involves a broad variety of statutory and civil crimes, varying from the false or misleading-sale of economic goods. Most academics in white-collar crime draw no specific conceptual difference between white-collar crime and financial crime. However, there are strong explanations for doing so. Typically, economic interests engaged in economic offenses are much greater than those engaged in other kinds of white-collar crime, and in some instances, economic offenses have the ability to destabilize whole communities. It can be added to this that the cultural setting in which most financial offenses are committed is special. Criminological and ethnographic research has proposed the presence of a separate subculture

the Police, while for the secondary statistical data we resolved on the latest 3 KPI report.

MethodologyThe research is based on primary data collection methods consisting of interviews for the quali-tative methods, surveys, observations in order to evaluate a certain behavior with the purpose to produce a narrative based on a focus group, and secondary sources such as case records and annual reports.

While perception-based indicators can be useful for raising awareness they fail to provide specific indications on the extent of criminal activities or corruption patterns effects on civil activities including business enterprises. An evidence based factual assessment reflecting the nature and scope of criminal activities including the performance and perpetration of the Inspectorate proactive case investigations was necessary to obtain general perception and handling of crime committed by police officers.

The number of participants in the survey is N=471 while 27 of them were active duty police officers of different ranks.

Results The survey collected answers from 471 participants across Kosovo had 14 close ended questions. All of the questions were based on their acknowledgment or firsthand w itness o f civil offenses and criminal activities from the last 5 years conducted by police officers. T h e survey respondents consisted of 117 individuals from Prishtina, 103 from Prizren, 89 from Peja, 47 from Ferizaj, 50 from Gjakova, and 65 from Mitrovica. The declared average age of the respondents is 31 years 60% of them being males, 90% of them declared to have at least a high school diploma while 32% having a graduate degree.

Police bribery is any action or abrogation, a pledge of any intervention or omission, or any act of intervention or omission undertaken by a police officer or any group of police staff, defined by the abuse of the authoritative role by the police officer and driven to a substantial extent by personal or organizational benefit or advantage. Police corruption is rampant in most developing countries, and police reforms

.

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the use of illicit medicines and police corruption and bribery affecting the allocation or distribution of narcotics. Although the information in this category are somewhat limited.

[Figure 3 Willing to report drug related crimes]

Fourth Topic One request if they identify people who have committed offenses and offenses but who have yet entered the police, 73.8 percent of Mitrovica’s residents answered that they remember at least one person who consists of that profile, tightly accompanied by Peja, with 61.8 percent of participants stating that they know about such people operating in the local police district. The information were evaluated for demographics of offenders and for police officers to determine the most frequently committed offenses. Most crimes were committed by male policemen (male= 91.5 percent). For several factors, the purpose of this research is crucial. First, policymakers are unable to create reasoned choices about administrative checks that could decrease officer’s criminal behavior without first knowing the incidence of police crime. Second, recognizing particular offenses could educate police strategy, coaching, and response to crime more effectively. Third, recognizing police officer’s offenses c an create a foundation and inform research on police abuse and other types of police deviance. And fourth, as many officer-licensing boards retain an electronic repository of officer discipline documents, finding a credible national source of information would extend this study region and foster a domestic assessment.

[Figure 4 Offenders entering the police]

Fifth Topic On the issue of whether they know about people who are members of the police and have committed severe offenses while on duty, Peja had 78.7 percent of the participants declared as such with 92.3 percent of Mitrovica's. All officers are responsible for the performance of the responsibilities placed on them under this

code, including, in specific, the compilation of data and content documents. An inspector may be a legitimate police officer or personnel affiliate.

There are a broad variety of generic positions that can be engaged in research. These can be sought through Legal system Qualifications. Commonly

of business in which "amorality" is the leading principle and misdemeanor has become an occupational threat. That is no longer the topic of criminal discussion. A third reason to differentiate financial crime conceptually from other types of white-collar crime is attributed to the distinctive difficulties o f personal influence of such offenses. Many of these offenses are undertaken by or within the framework of elite financial organizations that are at the very core of the national market and retain close links with the economic and political people in power. As a consequence, those accountable for controlling these organizations are unwilling to use the complete power of the legislation, as they fear that this could jeopardize the sustainability of certain ecosystems and their positions. Moreover, these important links go a lengthy way to explain the absence of legislative surveillance that first enables plutocrats to commit their offenses.

Crimes in financial matters arise in many ways. Concrete money laundering acts vary widely in their portrayal, depending on the market segments in which they are committed, the financial instruments to which they belong, and the involved parties. The empirical world of financial offenses is not only huge, it is also extremely complicated. This is because economic offenses often involve intricate economic tools and are incorporated into abstruse business procedures and organizational agreements. As a consequence, those who lack the required understanding about the intricacies of economic business procedures may find the quantitative environment of commercial offenses impenetrable. In order to make the evidential context of financial offenses intelligible and to promote future studies, this paper introduces a categorization that separates distinct acts of financial crime by the various rationals underlying the regulations and provisions that breach them1

[Figure 2 Willing to report financial crime]

Third Topic On the issue of reporting a drug-related offense within their neighborhood, 91.5 percent of Pristina participants declined mostly out of reporting such offenses, with Ferizaj getting a differentiated attitude to reporting drug-related offenses with 51.1 percent ready to do so. The second most reported offense was drug crimes. A close assessment of the information shows both

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not notified to authorities. Such data provide useful extra perspectives into the nature and modalities of the criminal law as well as the victim's features, information not normally accessible from formal police data.

[Figure 6 Perception of misuse of Authority]

Seventh Topic On the query of whether they are worried that the authorities will abuse them psychologically or physically, 90.8% of the inhabitants of Mitrovica stated that they fear such misconduct, tightly followed by Peja with 73%.

Police instruction begins at the university, where the notion of security and rights of the agent is so strongly emphasized that it assumes almost symbolic meaning.

[Figure 7 Fear of retaliation in case of report]

Eighth Topic On the issue if they hear about a situation, being witness from it, that the police should have intervened but did not, Prishtina results with 94.9% of inhabitants approving such occurrences followed by Mitrovica with 93.8%and Peja with 89.9% Police violations relates to improper behavior and or illegal behavior made by police policemen in association with their official responsibilities. Police behavior can contribute to a miscarriage of justice and sometimes includes discrimination and or unlawful reasons for separation coupled as an obstacle to justice In an attempt to monitor police behavior, there is an increasing tendency for civilian organizations to go beyond evaluation to participate straight in inquiries and have much higher insight into disciplinary decisions10,11 Moreover, people and organizations are now filming officers in an attempt to force police accountability for their conduct and bad actions. With the spread of portable phones capable of recording suspected fraud, misconduct and violence by authorities are now being advertised on word of mouth and online including YouTube Police often attempt to intimidate people to avoid them from using cameras in protest Under other circumstances, police will illegally seize or delete evidence recorded by citizens, regardless of the laws that make it a crime to destroy evidence of a crime committed by civilians or police.

[Figure 8 Lack of Action]

involving severe or complicated crime, but may also provide guidance and help to volume-involved researchers at early study stages. Experienced perpetrators may attempt to avoid the collection of content. Maintaining present criminal justice expertise will help investigators implement the complete variety of investigative methods to avoid perpetrators from disrupting the process.

There are a range of investigative rules that the police department commonly accepts. Recognition that policing operates better where it has the community’s assistance and collaboration underpins the values. These principles suggest that: the exercise of enforcement powers should not be oppressive and should be proportionate to the crime under investigation in so far as it is operationally convenient and in view of the right to privacy of an individual, investigations should be conducted as transparently as possible – victims, witnesses and suspects should be kept up to date with developments in the case Including, but not limited to, any protected features they may have, investigators should pay particular attention to vulnerable individuals and children investigators should respect other's professional ethics. This is especially crucial when working with suspects whose function is to assist them. These values, the inquiry method, and a mindset of inquiry provide a framework to promote performance research.

[Figure 5 Knowledge about criminal policemen]

Sixth Topic On the issue of whether they under-stand explicitly that the authorities misinterpreted a case or postponed the inquiry Mitrovica and Peja received the largest levels respectively at 33.8 percent and 28.1 percent. It is challenging for a number of reasons to measure the direct impact of crime, regardless of whether the victims are individuals or businesses. It is commonly recog-nized that police-reported offenses underestimate the real magnitude of criminal behavior. It must be identified, disclosed to the authorities, acknowl-edged as a criminal act and recorded as a felony in police stats before a crime is registered in internal crime stats. Police are not assigned to a big amount of offenses and some of those reported are not recorded in authorities stats. Such constraints in formal crime stats can be overcome by using crime victimization polls that provide information to evaluate the so-called "black figure" of crime

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[Figure 11 Witnessed crimes]

Strong Connections When asked if they are aware of individuals who work inside their work environments, who were subject to criminal investigation and were prosecuted for their crimes, but yet continue to work, 56% of the subjects claimed that they have such colleagues working with them, mainly to strong links with the executive branch of the police directorates.

[Figure 12 Penalized police in active duty]

Proactive Reporting An alarming low level of <1% of the subjects declared themselves willing to report misconduct or criminal activities to the Inspectorate, with roughly one third of them being afraid of possible sanctions if they do so.

[Figure 13 Willingness to report to the KPI (IPK)]

Kosovo Police Inspectorate (KPI) Reports Citizen reports to the KPI about police misconduct has a positive trend line with a steady increase of 15% within the 3-year period 2015-2018, topping an all time high of 1419 reported cases in 2018.

[Figure 14 Police misconduct and felony reports]

Predominantly from Pristina and Peja Prishtina and Peja consisting of more than half (51%) of the national reports against abuses from police officers. Gjakova having a remarkable l ow report rate of only 69 documented reports in 2018.

[Figure 15 Reports by city]

Record Low Indictment Rate A further detailing of the procedures taken after the initial handling of the received reports, a staggering low rate of only 6% were prosecuted by the KPI, with the rest being dispatched as “unfounded” and “inappropriate” for KPI and as such sent for “further examination” at the very same working place as the perpetrator. Even though 2018 had an all time high of reported police crime, the KPI had an all time low of prosecuted cases with only 90 of them.

[Figure 16 Reported cases vs. KPI penal indictments]

Ninth Topic On the query whether they meet people who have paid to be employed as a policeman, 36.2 percent of Ferizaj participants said they remember about a situation, followed by Peja with 33.7 percent, Prishtina’s lower value with 10.3 percent. This problem is common in Kosovo, as there have been several recruitment vacancies in Kosovo officers in the latest years, but owing to people’s enormous demand this method is split into several stages that include theoretical data training as well as the next phase. This method has also been followed by countless overruns since there have been many complaints from various people that they have been treated incorrectly since there have been individuals who’ve used some people or paid cash to be hired as a policeman.

[Figure 9 Bribery in recruitment]

Focus Group27 (N=27) were active duty police officers with representative samples from 3 cities (Prishtina, Mitrovica, Peja). The questionnaire was careful to not have questions which could be politically biased but consisted of non-partisan broad questions related to their work environment composing of their local police station and centers in suburban areas. When asked if they know about instances of acts committed by police officers which according to the criminal law could be considered penal actions 70% of them declared that they know about such cases occurring inside their work environment for the last 3 years.

[Figure 10 Crimes inside the workplace]

Acknowledgment of criminal activities When questioned about criminal activity observed while on duty, which involves road patrols, false testimony peaked with 89 percent of them admitting that it occurred, while 58 percent of respondents replied that they know about people working within their residential districts and that they are directly or indirectly component of such systems, with misleading morals. With false testimonies, including perjury, being at 89 percent and usury or credit sharking at a 58 percent level of police officers acknowledging themselves a s a witness of an existing participant misusing his or her authority to benefit directly or indirectly from such operations.

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The KPI found out that the most common police misconduct reports fall within the harassment base, with maltreatment and intimidation being the most prominent ones. The trend line of police harassment against the civilian population is worrisome.

[Figure 17 Trend of harassment reports]

DiscussionCase study research refers to a detailed, in-depth study of an individual or a group of individuals. Typically, such surveys are qualitative in nature, leading to a narrative depiction of conduct or experience. Case study research is not used to determine cause and impact, nor is it used to detect or create projections about general realities. Rather, the emphasis is put on exploring and describing a phenomenon in case study analysis.

We recognized 3 cases, 2 of which were represented to the general public, and sparked controversy over police misconduct and 1 case was randomly selected from 12 interviews our sampling participants offered us. The V.N. case(F) from Gjakova, which caused national outcry about police abuse, relates on itself as one of the most prominent instances of police crime. V.N., according to family witness accounts she was a repeated victim of her spouse P.N.. Throughout the years, experiencing multiple beatings and psychological torture. When the victim V.N. reported to the police headquarters stationed in Gjakova, she was under pressure and stress not to report her spouse in depth whereas armed police policemen went to her father’s house and abducted her kids to deliver them to her spouse.

V.N. tried to report this situation again, asking

The KPI only decided to explore this situation as a negligence but opted not to pursue other inquiries as "groundless".

The punishment against a police officer in Drenas, who proactively reported the criminal activities of her fellow police officers in the police precinct, including the officer V . V.’s offenses against humanity and pedophilia, is a situation that we observed to be peer influenced. Drenas’s KPI sub-institution penalized this policewoman with a written warning notice and relocation of her position to punish her for her whistle blowing practices. Several accounts of unsatisfied cases were subject of the inquiry, all pertaining to the existing legislature but redeemed to be "unfounded" by the KPI and its sub-institutions.

Among the confirmed presented instances, the case of an aspiring entrepreneur from Peja was randomly selected. He was the subject of police investigation after a false report by an officer who blamed him of armed assault and attempted homicide. The medical student stated the opposite, that he was threatened at home by the officer and intimidated by the officers relatives. The colleagues placed the officer as a witness, thus rejecting the incident’s CCTV footage. In order to perform inquiries only for minor misconducts, the KPI reviewed this case and sent it back to the very same area where the officer operates and settled the case as totally baseless.

The prosecutor’s office ruled the aspiring entrepreneur to be innocent, but declined to charge the officer because of the original police report that sent him out as a witness, alternatively they convicted the officers relative.

According to the present legislative structure in Kosovo and by examining the files and CCTV footage by a qualified team of attorneys, we discovered that the policeman did not only commit misconduct but also offenses sanctioned by the criminal law, including false witness, fraudulent reports, conspiracy and abuse of his authority which if convicted would give him up to 13 years of a prison sentence5 .

Another problematic hypothesis stems from the large proportion of policemen who acknowledged the existence of a blue code of silence, which denotes the informal principle that allegedly occurs between police officers not to report

to have a police escort with her and to be sent to her residence where her spouse lives, she was neglected and proceeded to go on her own that very same day, V.N. and her daughter were murdered by P.N..

By reviewing the practical legislation applicable to such instances, we discover that the police staff who abducted the kids, the staff who declined to accompany her to her home following her police protection inquiry should be subject to offense and misconduct.

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of subjectivity to the perception of crime and lack of training.

According to the survey participants, false testimonies, bribery and loan sharking are the most frequently committed criminal offenses by the police, with a higher (P<0.03) rate in Mitrovica, Peja and Ferizaj, cities that, according to the U.N. and State Departments reports, are prevailing pathways of regional drug smuggling, the results of this survey partially support these findings.

And, the results being contrary to the statistical evaluation of the Kosovo Statistics Agency, their perception of police misconduct was perhaps prejudiced because of partisan interests.

The reasons why the KPI is deficient to investigate such cases could be linked to their outsourcing to local sub-institutions such as the PSD, which is not really competent for criminal offenses but if found guilty issues a suspension that is comparable to paid leave, usually up to 6 months. By observing case studies involving obvious criminal offenses sent to local PSD’s(Professional Standard' Department), there is a strong likelihood that criminal offenses including crimes against humanity can be penalized with paid leaves.

Our study concluded that there are police officers who have committed serious offenses but are also continuing to work, sometimes with the KPI failing to address their transgressions. Citizens need to rely on their own resources in particular to obtain information from the legal framework, but they might be deliberately hindered in obtaining the essential administrative documentations that are vital to their reports, as our testing in the legislative and headquarters in Prishtina for A.I. 06/2012 has demonstrated.

International organizations such as ICITAP have greatly assisted local police inspectorates in training, but this research concluded that the rate of improvement in indictable prosecutions is at a modest level, with Kosovo 21 times lower than for the particular stage of adjusted PPP in the EU.

Police pension scheme legislation also has topics within the police and inspectorate, but the presence of criminal perpetrators and the KPI’s small rate of conviction need to be resolved well when it comes to spending national and foreign funds on people who have committed severe crimes.

violations misconducts or offenses of a colleague, including police brutality12 .

The research decided to conduct a case-controlled observational research by making inquiry on various institutes, including the Prishtina Police Headquarters regarding the access to the 06/2012 Administrative Instruction8 , which is the go-to legal framework for the determination of police crimes, and also the most important instrument victims need to determine the route, context and content of their reports.

The research was carried out in a span of one month and consisted of five r equests t o t he Police Headquarters in Prishtina and the Legislators Office of the Ministry’s Police Department.

The guide which is a crucial component of the report, is not to be found in the official newspaper of Kosovo, nor within the database of police regulations or the KPI.

These 5 inquiries, distinctive to each other, were established by e-mail and phone calls. The result is shocking not one of these inquiries was actually successful while one enquirer received a worrying response from the head desk, calling the inquiry unsuitable and having other instances to look after.

The observational research shows that the hypothesis of the policemen involved was right, since our observation found that police delib-erately impede access to essential legal documents for people and thereby effectively prove a presumption of blue silence.

The overall population’s hypothesis that the KPI is inefficient in managing incidents was discovered feasible with a limited randomized confidence interval. Our case studies demonstrate that the KPI has a record of potentially false conduct in investigative work, most of them being relocated to the same proximity as the reported incident. The record modest indictment level is an indication of the failure to undertake significant c i t izen report inquiries.

The research went to a very worrying con-sequence, with more than three-quarters of the general public survey participants acknowledging police criminality, and one-third of the policemen were worried of consequences if they were proac-tively engaging against this silence code. While randomized to a restricted selection volume differ-ent sets found that the KPI was objectively unable to evaluate straightforward crime as a consequence

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RecommendationWe suggest that police officers from all rank levels who have committed serious misconducts as described in A.I. 06/2012 and 15/2008, and criminal offenses under the Criminal Code should not take advantage of police pension law, so their pensions and benefits must be forfeited to a 100 percent rate if they have been shown to be involved in these activities while being part of the Law enforcement authorities.

This is a suitable way of guaranteeing that policemen who commit serious crimes against humanity specified by the criminal code are not placed at the same standard as policemen who have effectively acted responsibly and justly This is not a method of retribution but rather about introducing pension forfeits and therefore is undoubtedly going to enhance the Code of Conduct, reduce crime levels and prevent police participation in criminal conspiracies or trafficking close to the territorial borders.

Similarly, we suggest that the draft legislation should have an additional Article 10 provision describing it as follows:

"In case of conviction of serious criminal offenses as specified in the Criminal Code and 06/2012(05/2008) A.I., the police officer or employee of the KPI with policing powers loses his or her pension right ."

We recommend that this provision be imple-mented by the Commission and institutions as it will greatly improve the rule of law and the working conditions of the entire police estab-lishment in Kosovo. The overall results of this research largely support the UNODC’s results13,14

and the State Department reports on human rights abuses, money laundering, human and drug traf-ficking15,16 17

AcknowledgmentsWe thank Brian Macy from Turning Point U.S. for initiating the study and encouraging the assessment report to collect appropriate perspectives into the accomplishments the US has brought to Kosovo’s rule of law.

References

1. Bayley D, Perito R and United States Institute of Peace.Police Corruption What Past Scandals Teach about CurrentChallenges , 2011.

2. CoE CEPEJ. IN-DEPTH ASSESSMENT REPORT OF THE JUDICIAL. CEPEJ. 2018.

3. Service CR. Kosovo: Background and U.S. Relations Congressional Research Service 2018; .

4. Price M. The EU and Rule of Law Reform in Kosovo. CRU Clingednael, 2010.

5. Criminal Code of the Republic of.6. The Law on Police 04/L-076.7. Law on the Police Inspectorate of Kosovo 03/L-231.8. Ministry of Internal Affairs Kosovo . Administrative

Instruction 06/2012.9. Andvig J and Fjeldstad OH. Crime, Poverty and Police

Corruption in Developing Countries. CMI (Chr. Michelsen Institute). Bergen, Norway: CMI Working Papers, 2008.

10. Golubovic D. An Enabling Framework for Citizen Participation in Public Policy: An Outline of Some of the. Major Issues Involved, International Journal of Not-for-Profit Law ; .

11. Evans K. Comparative Overview of European Standards and Practices.

12. Kleinig J. The Blue Wall of Silence. International Journal of Applied Philosophy 2001; 15: 1–23.

13. Bisogno E, (SASS) MJ, UNODC et al. CORRUPTION AND CRIME IN KOSOVO:The impact of bribery and other crime on private enterprise, 2013.

14. Crabtree B; UNODC. THE ILLICIT DRUG TRADE THROUGH SOUTH-EASTERN EUROPE, 2014.

15. US State Department. HUMAN RIGHTS REPORT on Kosovo, 2017.

16. US State Department HUMAN RIGHTS REPORT on Kosovo, 2018.

17. US State Department TRAFFICKING IN PERSONS REPORT, 2018.

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FIGURES 9

Figure 1. Respondent acknowlegdement about bribery

Figure 2. Willing to report financial crime

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Figure 3. Willing to report drug related crimes

Figure 4. Offenders entering the police

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FIGURES 11

Figure 5. Knowledge about criminal policemen

Figure 6. Perception of misuse of Authority

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Figure 7. Fear of retaliation in case of report

Figure 8. Lack of Action

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FIGURES 13

Figure 9. Bribery in recruitment

Figure 10. Awareness about crimes inside the workplace

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Figure 11. Police witness reports on the types of crimes

Figure 12.

Figure 13. Proactive Engagement of crimes committed by the colleagues

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FIGURES 15

Figure 14. Trendline of reports against the police force

Figure 15. Reports by city

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Figure 16. Actual KPI penal indictments and prosecutions

Figure 17. Trendline

Noli
SHBK