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The CSOs Helsinki Committee for Human Rights, Coalition All for Fair Trials, Institute for Human Rights, Macedonian Young Lawyers Association, Center for Legal Research and Analysis, European Policy Institute and Foundation Open Society – Macedonia, which are part of the Blueprint group of organizations focused on monitoring of the judicial reforms and advocating their implementation, disagree with the way in which amendments to the Law on Public Prosecutor’s Office (the Law) are being passed. This law governs the future existence, functioning and remit of the current Special Prosecutor’s Office (SPO) without proper analysis of the significant problems related to SPO’s work, which have been known since the very beginning of the existence of this Prosecutor’s Office, and without taking the past recommendations of CSOs and experts into consideration as well. Therefore, we demand further drawing up of the Law’s amendments, with provisions regarding the future status and work of the SPO into the main focus.

As CSOs, we react to the non-transparent preparation of the Law, absence of consultations and inclusion of civil society organizations as well as experts, which creates direct distrust in SPO’s further functioning. Overall, CSOs didn’t form part of the working group that prepared amendments to laws in the criminal-legal area. In addition, the version of the Bill on Amending the Law on Public Prosecutor’s Office, adopted by the Government, differs from working group’s version that we were presented with through the Council for Monitoring the Judicial Reforms. As CSOs that are taking part in the Council’s work, we believe that by doing so, failing to act upon Council’s recommendations, it’s role will be perceived as decorative and it will not execute its main mission – control over the implementation of the Judicial Reform Strategy 2017 – 2022.

Last, but not least, the Law was adopted by the Government but was not published on ENER, and in fast-track procedure, meaning that the possibility for participation of interested parties is excluded, which also affects Law’s quality and contributes to non-transparent policy creation.

We use this opportunity to point out that the proposed solution for further existence, functioning and remit of the SPO runs against the goals it was established in the first place, which are fight against high corruption and organized and systemic abuse of the state and state resources for fulfilling vested interests and property gain (so-called “state capture”). Limiting the possibility for using the audio materials, so-called “bombs”, as evidence, poses the question: what is the essence of SPO’s existence if the “bombs” cannot be used as evidence? This decision concerning the bombs imposes several dilemmas:

Helsinki Committee for Human Rights

Coalition All for Fair Trials

Institute for Human Rights

Macedonian Young Lawyers Association

Center for Legal Research and Analysis

European Policy Institute

Foundation Open Society – Macedonia

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13 March 2019