17 July 2014
An experienced practitioner, committed to the rule of law, with determination to explore new places and contribute to the rule of law abroad, arrived recently to Kosovo. Meet Lili Oprea, EULEX prosecutor working in the Task Force Mitrovica Prosecution Office.
She has been a prosecutor in the High Court of
Justice and Directorate of Organised Crime in Romania, having practiced
as a lawyer for over eleven years. She has also worked as a diplomatic
councillor in Republic of Moldavia and as the Head of Romanian Mission
in Columbia. However, eager to experience how the rule of law could be
applied abroad, she joined EULEX Mission to Kosovo in June 2013.
Task Force Mitrovica Prosecution Office,TFM, is a prosecution
unit that operates under the executive mandate of the EULEX Mission.
TFM was established in November 2010 to
concentrate efforts in the fight against organised crimes and major
crime in the north of Kosovo.
"I investigate, prosecute and represent cases in the Mitrovica
Basic Court. At any time, I may be dealing with three to five cases",
says Lili, adding that an essential ingredient of working in an
international environment is to respect the different opinions of
colleagues and find a common ground for better cooperation and
understanding. As for Lili Oprea, representing in a court where the
panel is composed of international judges, who come from different
countries and traditions that have different understanding of law
provisions can be very challenging.
"You need to be very persuasive and well
prepared in order to convince them of what you are trying to prove in
your prosecution", she points out. "And you have to be very flexible in
order to make yourself understandable also to the defence council", she
says.
TFM Prosecution Office is mainly
concentrating on criminal offences committed south and north of the
river Ibar. It works together with mixed teams of Kosovo prosecutors,
Kosovo Police and EULEX police. Despite the challenges, mainly
consisting from difficult access to crime scenes, to lack of appropriate
witnesses willing to come forward and testify, the TFM team is
achieving good results.
Following the changes to the Law on
Jurisdiction the prosecutors of this office are focused on completing
the ongoing procedures, not taking new cases and starting to implement
new mandate by mentoring, monitoring and advising the counterparts in
exercising their responsibilities regarding the strengthening the rule
of law in north Kosovo. The nature of the cases TFM prosecutors are
dealing with vary; from serious criminal offences to organised crime,
fraud and financial crimes.
Having been posted in various multi-cultural
and multi-ethnic environments has helped Lili adjust quickly to her new
post in Kosovo, making her more flexible and aware of the differences
and complex ways of thinking and working. These, according to her are
the keys to a better understanding with local and international
counterparts whilst dealing with the cases in mixed prosecutor's teams.
She has so far learnt some valuable lessons
in Kosovo, mainly how to respect the opinion of others, bearing in mind
not to hurt their feelings, when making a final decision. Lili is also
certain that the good results could be achieved when working within a
team where everyone makes their contribution.
She points out that in Romania there are no
legal officers to support prosecutors. "You work alone and you are
supposed to make your decisions alone, and not share with others advice
and legal opinion", Lili says, adding that she learnt a lot about the
rule of law by working in an international environment.
According to Lili, objectivity and flexible
understanding are the key to a good prosecutor. One needs to make
assessment of each case and understand that truth is always somewhere in
the middle; one is never to miss to try real criminal and never to try
innocent people. The work of a prosecutor has its ups and downs. It may
be stressful at times, but according to her the perseverance leads to
results in the end.
She would like to think that by carrying out her work, she has made a contribution to an independent judicial system in Kosovo, free from any interference, enjoying full citizen support set out as EULEX's goal at the very beginning. Yet, there is an important issue to reflect upon. Before she leaves EULEX, she would like to see more tough ladies practicing the rule of law in Kosovo where like elsewhere in Eastern Europe, women are still being discriminated against. "I have myself experienced such discrimination in the court. Only recently, I had to point out during the trial that I am not a female but a prosecutor", concludes Lili.