Public reaction against the general act for stopping all criminal procedures against persons that are already under investigation or there is suspicion that they have perpetrated criminal offences related to the political crisis
14.04.2016 The Platform of CSOs for fight against corruption is sending a public reaction against the decision of the President of the Republic of Macedonia for promulgating a general act for stopping all criminal procedures against persons that are already under investigation or are suspected that they have perpetrated criminal offences related to the political crisis, against persons who are under investigations initiated by the Special Public Prosecution Office, and for pardoning imprisoned politicians.
The President of the Republic of Macedonia is obliged to protect the citizens’ interests for unconditional rule of law and for strengthening the legal state. In this political crisis the free conduction of all investigations for misuses, related to the sources of the political crisis, that are currently conducted by the SPPO and the Public Prosecution Offices, is of a public interest.
On the contrary, the President’s abolition decision has no legal grounds, due to the fact that the Article 11 from the Law on Pardoning is voided with the Law on Amending the Law on Pardoning passed by the Assembly of the Republic of Macedonia in 2009, which makes the pardoning i.e. the abolition impossible. The normative function is sole competence of the Assembly of the Republic of Macedonia, and not of the Constitutional Court, and only the Assembly can amend the Law on Pardoning.
As organizations that are fighting against corruption, we believe that the solution of the political crisis, that is emerging from the wide-ranged corruption and dereliction of authority on a high level, should not be and cannot be reached with abolition.
The key in the fight against corruption is the citizens’ certitude that the law is equal for everyone, and if there are indications for perpetrators of dereliction of duty for personal benefit or other illegal act, those perpetrators will be a subject of investigation and if there are charges against these perpetrators, there will be a fair trial.
Only by conducting investigation, fair trial and carrying the responsibility for dereliction of authority can lead to long-term and sustainable solution of the political crisis and to further rule of law. This self-willed, unconstitutional and illegal act of the President is additionally contributing to the development of the political crisis, the instability of the country and will most certainly lead towards loss of the recommendation for the beginning of the EU negotiations talks, which is conditioned with complete implementation of the Przhino Agreement.
Platform of CSOs for fight against corruption
