Court finds that MED has violated the Constitution and the law in the process of KEDS privatization and the "Kosova e Re" contract
11/01/2018
On January 9, 2018, GAP Institute received the Judgment of the Basic Court in Pristina, which approves GAP Institutes lawsuit as grounded for not allowing access to public documents. The Court found that the Ministry of Economic Development and Kosovo Energy Corporation (KEK) violated Article 41 of the Constitution and the Law on Access to Public Documents when they did not allow access to KEDS privatization assets and tender documents for “Kosova e Re” power plant.
On June 3, 2013, GAP Institute, supported by the Kosovo Civil Society Consortium for Sustainable Development (KOSID), filed a lawsuit against MED for not giving access to public documents. GAP Institute and KOSID have submitted dozens of requests for access to public documents in the privatization process during 2011-2013. All requests were rejected by MED on the grounds that those documents are only drafts and are classified documents for which access is not allowed.
The Court found that even draft documents are public documents in which access should be allowed and has considered as unwarranted the response of MED that the documents of privatization of public property fall into the category of confidential documents. In addition, the Court finds that KEK has also violated the Law on Access to Public Documents when it refused to respond to requests for transparency, with the justification that the Law on Access to Public Documents does not apply to public enterprises.
The court ruled that the Ministry of Economic Development should give GAP Institute access to KEDSs privatized assets and procurement documents for the “Kosova e Re” power plant within 30 days. This decision, which came four and a half years after filing the lawsuit, is late, considering that during this period the process of privatization of KEDS assets was completed and the list of assets was made public after privatization. It is noteworthy that four hydropower plants were included in the KEDS privatization asset list, the sale of which was kept secret by the public and the Kosovo Assembly. GAP Institute and KOSID believe that access to KEDS assets at the time of the request was made would prevent damage to public interest. At the same time, it is a pity that after all these facts, the prosecution did not consider it reasonable to file a lawsuit for the privatization process of KEDS. Regarding access to procurement documents for the construction of the power plant "Kosova e Re", the verdict is late as well since the Government of Kosovo has just recently signed the final construction contract. On December 21, 2017, GAP Institute submitted a request to MED for access to the signed contract, but so far this was not allowed with the justification that the signed contract was not finalized. Based on the verdict of Basic Court of Prishtina, access to draft documents should also be allowed. Thus, GAP Institute yet again urges MED to allow access to the signed contract for the construction of the “Kosova e Re” power plant. GAP Institute and KOSID express their disappointment that the verdict does not include penalties for the institution and for the responsible officials for not allowing access to public documents as provided by law.
The verdict of the Basic Court of Prishtina can be found here.
