Twenty Sixth Accession Watch Report

PRZINO AS EXIT ROUTE

March 2016 PRZINO AS EXIT ROUTE Twenty Sixth Accession Watch Report

Publisher: Foundation Open Society - Macedonia For the publisher: Fani Karanfilova-Panovska, Executive Director Prepared by: Macedonian Center for European Training and Foundation Open Society - Macedonia Proofreading and Translation into English: Abacus Design & Layout: Brigada design, Skopje Print: Propoint Circulation: 500 Free/Noncommercial circulation

CIP - Каталогизација во публикација Национална и универзитетска библиотека “Св. Климент Охридски”, Скопје 341.171.071.51(4-672ЕУ:497.7)”2016” 329:347.440.14(497.7)”2015” ПРЖИНО како излез: дваесет и шести извештај од следењето на процесот на пристапување на Македонија во ЕУ. - Скопје : Фондација Отворено општество - Македонија, 2016. - 110, 112 стр. : табели ; 18x24 см Насл. стр. на припечатениот текст: Przino as exit roud: twenty sixth accession watch report. - Обата текста меѓусебно печатени во спротивни насоки. - Текст на мак. и англ. јазик. - Фусноти кон текстот ISBN 978-608-218-234-6 а) Пржински договор - Македонија - 2015 б) Македонија - Зачленување - Европска Унија - 2016 COBISS.MK-ID 101468682 TABLE OF CONTENTS

I. WHERE ARE WE IN MARCH 2016? 5 II. CHRONOLOGY OF EVENTS 15

1. NEW PRESIDENCY TRIO: THE NETHERLANDS, 1. ESSENCE OF PRZINO 15 SLOVAKIA AND MALTA 7 1. Establishment of caretaker government 16 1. Union of Jobs, Growth and Competitiveness 7 2. Special Prosecution Office 18 2. Union That Empowers and Protects All Its Citizens 7 Which states have special prosecution offices and why? 18 3. Towards an Energy Union with a Forward-Looking Why Macedonia needs special prosecution office? 19 Climate Policy 8 Negotiations and appointment of the special prosecutor 21 4. Union of Freedom, Security and Justice 8 Law on Special Prosecution Office 21 5. Union as a Strong Global Actor 8 First barriers at the Council of Public Prosecutors 22 The budget which VMRO-DPMNE contested 23 2. PRZINO AS EXIT ROUTE 9 Obstacle no. 2 – public prosecution service 24 Council of Public Prosecutors reconsiders 3. TURNING POINT 10 Katica Janeva’s performance 26 1. Five Areas 11 Mishaps in “Coup” 26 Interception of communications 11 3. Przino-mandated batch of laws 27 Judiciary and Prosecution 12 Amendments to the Electoral Code 27 External Oversight by Independent Bodies 12 Law on the Government of Republic of Macedonia 28 Elections 12 Amendments to the Criminal Code 28 Media 12 Law on Protection of Privacy 28 2. Accession Partnership or New Benchmarks 13 Law on Protection of Whistleblowers 29 4. Inquiry committee of short warranty period 29 4. METHODOLOGY 14 5. Media reforms 32 6. New State Election Commission 33 7. Implementation status of the Przino Agreement (by 31.12.2015) 35 8. Implementation status of the Urgent Reform Priorities 37 Twenty Sixth Accession Watch Report

2. “ID CARDS” AFFAIR 41 8. CSOs WRITE TO COMMISSIONER HAHN 72 1. Workshops for ID cards 41 2. Spinning 42 9. DEADLINE FOR A NEW DATE 74 1. Technical Prime Minister meets Ambassadors 74 3. “BOMBS” AND WHISTLEBLOWERS 42 2. Long Road to Przino: Reforms First, Then Elections! 75

4. PRZINO IN THE MEDIA 43 10. NEW DATE FOR ELECTIONS 76 1. What was agreed with the Przino Agreement? 45 2. Return of the opposition 45 3. Against the appointment of Katica Janeva 46 III. CONCLUSIONS AND RECOMMENDATIONS 77 4. New ministers create chaos 47 5. Media about the media 48 6. State advertising 52 IV. ANNEXES 83 7. Tirade against the mediator 54 8. Opposition leader on TV Kanal 5 56 1. DRAFT LAW ON THE BOMBS 83

5. ROLE OF THE INTERNATIONAL COMMUNITY 57 2. PRIEBE REPORT 85 1. Conclusions of the Stabilization and Association Council 58 2. HLAD version 2.0 58 3. PRZINO AGREEMENT 105 3. Backslide – Checked! 59 4. EU Council from December 2015 62 5. At the meeting in Washington DC 63

6. LATE RESIGNATION 64 1. Again with Hahn 64 2. As of today, only Nikola Gruevski 65 Echo of the resignation 66 Executive Committee of VMRO-DPMNE decided... 68 3. Hard feelings about the resignation 68

7. “MORE CHRISTMAS DECORATIONS THAN MPs” 69 • NO LONGER AN ELECTION DEMOCRACY 72 ...I... n March 2016, attention of all key actors in the European Union (hereinafter: EU) is focused on profound problems, including warfare against ISIS, migrant crisis and negotiations with Turkey to protect European borders and provide assistance in dealing with Irefugees. Notably, on 1st September 2015, following previously failed attempt to reach an agreement about joint military campaign against ISIS,1 Russia decided to launch its military intervention in Syria.2 En- WHERE ARE WE kindling of armed conflicts additionally destabilized that region and forced thousands of Syrians, and people of other nationalities, to turn IN MARCH 2016? to EU Member States for salvation, in particular Germany and other Western states.

1 http://zase.mk/rusija-vleguva-vo-sirija-pochetok-na-golemoto-finale/ 2 http://kanal5.com.mk/vesti_detail.asp?ID=77555

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The road travelled by refugees was not always land-bound. Most often legislation provides solid basis, but in the words of Commission Presi- they looked for the most direct and shortest route, which meant that dent Juncker, it must also be enforced. Accordingly, he said: “[…] we most refugees found themselves on Greek islands and later, crossing ter- need more Europe in our asylum policy. We need more Union in our refugee ritories of Greece and Macedonia, continued their journey toward West- policy”.6 Following up on President Juncker’s speech, the European Com- ern Europe. Fall of 2015 was not the first time Macedonia had encoun- mission (hereinafter: EC) put forward proposal for re-allocation of ad- tered refugees, i.e. they were an almost regular feature along highways of ditional 120,000 refugees from Italy, Greece and Hungary, i.e. additional Corridor X earlier in the year, i.e. in spring time. However, first airborne 160,000 refugees from this three Member States with the new proposal intervention of the Russian Army marked the onset of a full-fledged exo- from 14th September 2015. dus. By the year’s end, more than 600,000 refugees were on EU’s territory, with most affected Member States being Greece - with approximately Despite these publicly confirmed commitments and specific pro- 250,000 refugees, Hungary - with 150,000, and Italy - with 100,000 refu- posals made by certain Member States, primarily those affected by the gees. refugee crisis, such as Austria and Hungary, including the latter’s allies from so-called Visegrad Group, initiated activities to create a coalition In his address at the European Parliament marking his one-year an- that would reject EC’s proposals and would work on promoting partial niversary in office,3 President of the European Commission Jean-Claude approach to refugee crisis.7 Contrary to expectations and commitments Juncker stated: “The numbers are impressive. For some, they are frighten- assumed under the Stabilization and Association Agreement, Macedo- ing. But now is not the time to take fright. It is time for bold, determined nia engaged in active communication with, and even openly supported, and concerted action by the European Union, by its institutions and by all this group of states. At one point, the public learned about the letter in Member States”.4 Later, reminiscing on horrors of all persecutions that which foreign minister Nikola Poposki had asked some of his colleagues have happened on European grounds and previous moments when citi- for assistance in dealing with refugees,8 which suspiciously resembled zens of Member States have been refugees, he indicated: “[…] it is high the initiative of Visegrad Group and Austria. After several misshaped in- time to manage the refugee crisis. There is no alternative to this”.5 terventions by the Macedonian police at border lines with Greece, many interpreted all previous and ongoing activities as attempt on the part of Truth to be told, the EU is designing standards in the field of migra- ruling VMRO-DPMNE to ensure certain support among Member States and tion and asylum since 2000, and gradually promotes and develops the promote itself as factor of stability in the state. system it has established. Most recent EU Directive in this field was adopted in July 2015, or better said, in the midst of the refugee crisis. This

6 Ibid 4 3 http://europa.eu/rapid/press-release_SPEECH-15-5614_en.htm 7 http://kurir.mk/makedonija/vesti/kurts-problemot-e-vo-grtsija-makedonija-ne- 4 http://europa.eu/rapid/attachment/SPEECH-15-5614/en/State%20of%20the%20 mozhe-sama-vo-borbata-so-begalskata-kriza/ Union%202015.pdf 8 http://kapital.mk/euractiv-makedonija-pobarala-shok-bombi-gumeni-granati- 5 Ibid 4 elektroshokeri-za-kontrola-na-begaltsite/

6 WHERE ARE WE IN MARCH 2016?

1. NEW PRESIDENCY TRIO: THE •• Investing in the future, including investment in the digital NETHERLANDS, SLOVAKIA AND MALTA agenda.

In early 2016, new trio of states (the Netherlands, Slovakia and •• Strengthening the Union’s global attractiveness. Malta) assumed the EU Presidency with their mandate ending on 30th June 2017. In preparation for their presidency, these states de- •• Deepening the Economic and Monetary Union. veloped the EU Presidency Programme and defined priorities they would be in their focus of work according to EU’s strategic objec- As another priority area, the Union works on all aspects of envi- tives.9 Hence, their programme titled “Taking Forward the Strategic ronmental protection, in particular improving natural resource man- Agenda” is based on principles of better regulation and five pillars agement, in parallel to its commitment to economic growth and job from the Strategic Agenda. creation.

1. Union of Jobs, Growth and Competitiveness 2. Union That Empowers and Protects All Its Citizens

For some time now, the Union is focused on creating economic The new presidency trio will work on maintaining the European so- growth and jobs. According to the presidency programme, this commit- cial model in all its forms, and continue to invest in human capital ment will continue until policies focused on these issues yield visible as form of fight against poverty and social exclusion, and protection effects in the real economy. Relying on EU Strategy Agenda, programme of EU citizens. In that, this protection will make due consideration of of new presidency trio defines five areas mirroring focus on economic Member States’ national sovereignty and will cover social protection growth and new jobs. This means the Union will strive to fully utilize systems, as well as health care systems. potentials of existing policies and link them to crosscutting issues. Topics defined in the first area include: In terms of empowering citizens, this presidency trio will work on attainment of full equality, especially gender equality and economic •• Single market and making full use of its potential. independence. In support of objectives defined under this pillar, new presidency trio will increase investments in education, its moderniza- •• Entrepreneurship and job creation, in particular encouraging tion and ensuring quality education that allows overall integration. climate of entrepreneurship and job creation.

9 http://english.eu2016.nl/binaries/eu2016-en/documents/ publications/2015/12/30/trio-programme-2016-17/st-15258-2015-init-en.pdf

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3. Towards an Energy Union with a family law, protection of personal data, but also development of e-justice Forward-Looking Climate Policy solutions. In terms of human rights, new presidency trio expects the EU to at last become signatory to European Convention on Human Rights. Under this section of priorities, the new presidency trio defines economy transition towards green, low-carbon and resource-efficient economy, while creating so-called “green” jobs. As regards the Energy 5. Union as a Strong Global Actor Union, two key priorities are defined: 1) establishing fully functional internal energy market; and 2) increasing energy security through di- Last pillar under the new presidency programme concerns external versification of energy sources. projection of the EU as strong global actor. This pillar encompasses priorities such as dealing with various hybrid threats, and fight against Finally, having in mind its role as global leader in fight against cli- ISIL, extremism and terrorism. Of course, one of the most important mate change, the EU and current presidency trio will work on imple- priorities continues to be refugee crisis management and developing mentation of COP21 and the Paris Agreement from December 2015. relations with the Mediterranean countries.

The pillar’s second aspect concerns projecting the EU as security 4. Union of Freedom, Security and Justice block and developing the Common Security and Defence Policy that would encompass continued work on the European Defence Strategy Having in mind current refugee crisis, strategic guidance by the EU and its adoption, as well as developing a facilitating role for the Euro- Council from June 2014, as well as EC’s Communication for European pean Defence Agency and cooperation with United Nations, OSCE, NATO, Agenda on Migration, new presidency trio will focus work of EU Council the African Union, etc. toward adoption and development of Common European Asylum System, new legislation for improved border management and new visa code. Revival of legal basis for further development of relations with different regions worldwide, as well external trade policy, humanitarian In the area of justice, presidency trio will be dedicated to improv- and developmental aid, are of crucial importance in projecting the EU ing quality of existing legislation and its effectiveness, taking into ac- as strong global actor exporting democracy and values. This provides count needs of citizens, authorities and legal practitioners. the essence under the pillar’s third aspect, implying revival of relations with the region of Africa, the Caribbean and the Pacific in post-Coto- Finally, with a view to improve the area of justice, the new trio is nou stage, as well as developing new Strategy on Central Asia. prioritizing work on improving procedural rights of citizens, especially in criminal proceedings, continued fight against corruption and work on es- The last aspect of this pillar concerns enlargement and dedicated tablishing the European Public Prosecutor Office. Section on civil justice work by the new presidency trio to make the EU attractive for European covers priorities related to family protection and further development of states, including continued relations with the Western Balkans.

8 WHERE ARE WE IN MARCH 2016?

2. PRZINO AS EXIT ROUTE moment, was far from being sufficient, but most certainly marked a starting point. Final form of the Przino Agreement was reached on 15th Przino Agreement is the outcome of painstaking three months of July 2015, with two meetings taking place in the meantime: one held negotiations to find exit route from the political crisis that was be- on 19th June and another on 29th June. On 15th July 2015, in the pres- coming stronger with each “bomb”10 disclosed, revealing new systemic ence of Commissioner Hahn, the Przino Agreement was finalized and irregularities and corruption. Signing of so-called Przino Agreement regulates key issues related to early parliamentary elections scheduled took place at the seventh interparty meeting held on 2nd June 2015 for 24th April 2016. at Przino-based residence of EU Ambassador Aivo Orav. First of seven meetings between the four main political parties in Republic of Mace- Commitments assumed under the Przino Agreement include: donia took place on 30th March 2015 in Brussels; the second meeting was held on 15th April, again in Brussels; the third meeting was held 1. Parties to agree on exact organization of the government pre- on 14th May at the Club of Members of Parliament in Skopje; the fifth paring the elections. meeting took place on 19th May in Strasbourg; while penultimate, sixth interparty meeting was held on 26th May, also the Club of MPs.11 First, 2. Revision and modification of the State Election Commission’s more serious breakthrough in negotiations was achieved on 2nd June composition. 2015, after eight hours of negotiations, when Commissioner Johannes Hahn announced that leaders of the four biggest political parties have 3. Opposition’s return to the Parliament. agreed to hold early parliamentary elections in April 2016, preceded by a so-called transition period. As early as Hahn’s arrival to Skopje 4. Discontinued further disclosure of any materials arising from and appointment of the leader meeting, it was expected that Hahn is interception of communications. determined to achieve “any, albeit flawed” solution as exit from the crisis. That solution happened to be date for elections. This break- 5. SDSM to hand over all materials from intercepted communica- through in negotiations heralded contours of a solution which, at that tions to the competent public prosecutor.

6. Enhanced competences and authorizations for SEC to ensure 10 “Bombs” is the popular name given to wiretapped conversations disclosed by free and fair elections, with level playing field for all political the opposition, revealing numerous abuses and wrongdoings on the part of high government officials. Detailed overview of all wiretapped conversations is given parties. as part of the Twenty Fifth Accession Watch Report titled “Tick-Tack: In the Nick of Time”, published in June 2015 and available at: http://mcet.org.mk/gridfs/data/ 7. Appointment of new special public prosecutor with full auton- id/bdbb52448e57471e95d49351 omy, to lead investigations surrounding and arising from inter- 11 For more information, see Twenty Fifth Accession Watch Report “Tick-Tack: In the Nick of Time” (pages 77 to 79), available at: http://civilsociety.mk/wp-content/ cepted communications. uploads/2015/10/AW25_EN_WEB.pdf

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8. Start of work and first report of parliamentary committee 3. TURNING POINT (chaired by representative of SDSM) overseeing work of the Di- rectorate for Security and Counterintelligence (UBK) and inter- Several days after the Przino Agreement was signed (2nd June 2015) ception of communications. and once it became clear that contents thereof do not regulate all open issues, interparty negotiations arrived at turning point. Although an- 9. Facilitated negotiations among stakeholders, to ensure greater nounced as special report with benchmarks for the transition period12 media freedoms. and qualified by Deputy Prime Minister for European Integration Fatmir Besimi13 as one in series of reports complementing the Przino Agreement, 10. Appointment of new Minister of Interior (upon nomination by publication of so-called Priebe Report proved to be actual turning point. SDSM); Published on 8th June 2015, the Senior Experts Group Report on Sys- 11. Appointment of new Minister of Labour and Social Policy (upon temic Rule of Law Issues Relating to the Interception of Communications, nomination by SDSM). known as Priebe Report,14 completely shifted pressure in negotiations and outlined a final format for the Przino Agreement. This report was drafted 12. Appointment of new Deputy Minister of Finance with veto rights by group of experts contracted by the European Commission and included (upon nomination by SDSM). several experts, such as the former President of the European Commission and former chief at the anti-mafia department in Italy - Reinhard Priebe, 13. Appointment of new Deputy Minister of Agriculture, Forestry and in capacity of team leader. It was developed on basis of several expert mis- Water Economy with veto rights (upon nomination by SDSM). sions to Macedonia, numerous interviews and insight in previously drafted documents and documents drafted for the purpose of this expert mission. 14. Appointment of new Deputy Minister of Information Society and Within a period of almost two months, from the third week in April until Administration with veto rights (upon nomination by SDSM). early June 2015, three expert missions had taken place as fact-finding efforts for this report. The final document, after being presented to EU Com- 15. Submission of formal resignation by the incumbent government missioner Hahn and members of the European Commission, was submitted to the Parliament. to Mr. Besimi, during his visit to Brussels. Underlying message of this report was: “Macedonian parties to find a lasting political compromise trans- 16. Appointment of new Prime Minister nominated by VMRO-DPMNE. lated into an agreement signed in Skopje on 2nd June.”15

17. Holding fair and democratic parliamentary elections. 12 http://www.libertas.mk/video-brisel-podgotvuva-spetsijalen-i/ 13 https://www.youtube.com/watch?v=aenMjf5W9qs 14 http://telma.com.mk/vesti/shto-sodrzhi-izveshtajot-na-pribe-celosen-tekst 15 http://goo.gl/gGv6iy

10 WHERE ARE WE IN MARCH 2016?

1. Five Areas Interception of communications

The Priebe Report offered detailed overview of state-of-affairs re- After the analysis of disclosed bombs, scope and quality thereof, the lating to the rule of law in Republic of Macedonia, especially intercep- expert group follows with indications that communications have been tion of communications, and established “significant shortcomings”16 intercepted by national intelligence services and refers to illegal activi- in five main areas of concern: ties and abuse of power on the part of senior government officials, thus tracing causes of the situation back to powers concentrated with the 1. interception of communications; national security service (UBK) and malfunctions in oversight mechanisms. According to the expert group, UBK had engaged in interception 2. judiciary and prosecution services; of communications due to “its monopoly over the use of surveillance equipment” and had controlled all segments of the political system, on 3. external oversight by independent bodies; behalf of authorities.

4. elections; and According to the report, in addition to determined wrongdoings, intercepted communications allow inference of conclusions concern- 5. media. ing numerous violations of fundamental rights of individuals, serious infringements of laws, in particular the Law on Personal Data Protec- Among the many remarks, one emerged as crucial for resolution of tion, violation of the Vienna Convention, large number of other crimi- the political crisis in Macedonia and can be subsumed in one sentence: nal offences committed due to information obtained from intercepted “Considerable gap between legislation and practice has to be urgently communications, as well as indications of political interference in ap- addressed and overcome”,17 additionally explained later in the report: pointments to independent institutions for personal or political party “Only a few recommendations refer to necessary changes in legislation; gains. The senior expert group stated that UBK disposes with technical most of them concern actions and choices within existing constitu- equipment and holds monopoly over use of equipment for interception tional and legal framework.”18 In other words, main problem identified of communications. by the report is not insufficient alignment of national legislation, but rather its implementation and enforcement. In this section of the report, the expert group also focused on parliamentary oversight for UBK and the Intelligence Agency, stating that these committees have not been convened and have failed to function 16 Report of the Senior Experts’ Group on Systemic Rule of Law Issues Relating to the properly. Interception of Communications 17 Ibid, 16 18 Ibid, 16

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Judiciary and Prosecution As regards the Directorate for Personal Data Protection, the expert group expressed its regrets that despite its independence, this institution Analysis in the field of judiciary and prosecution from the Priebe Re- is not actively engaged in investigating apparent lack of data protection. port continued with identical general remark that the country possesses a comprehensive set of rules which, if fully observed, should generally ensure a proper functioning of the judicial system to a high standard.19 Ex- Elections perts did not reject the need of further reforms, giving priority to those that would ensure professionalization of this service and addressing Referring to OSCE/ODIHR Election Observation Final Report for 2014 the perception that: “[...] in some areas and in particular with regard elections, the expert group continued to analyse released wiretaps and to cases considered to have a political dimension or believed to be of enlisted its conclusions for the elections in Republic of Macedonia. In interest to politicians, the usual standards are set aside”.20 the opinion of senior experts, as well as the monitoring mission, concerns are raised with inflated voters list compared to the total popula- The report referred to an atmosphere of pressure and insecurity in tion. In that, experts found it important to precisely define mandate the judiciary, the origin of which is obvious, having in mind the tech- of the State Election Commission, especially in terms of changes to its nical access to performance assessment of judges and prosecutors, as composition and full professionalization, as well as existence of profes- well as disregard for rules governing appointment of judges and public sional service that will assist in revision of the voters list and proceed- prosecutors and inadmissible political influences. As a consequence, ings upon election irregularities. the experts indicated high number of judgments taken by the Euro- pean Court of Human Rights that have not been properly executed. Media

External Oversight by Independent Bodies Having in mind Macedonia’s international commitments and its Constitution, the expert group noted that the state is suffering from In their analysis, the group of experts targeted the Ombudsman Of- media crisis, which has deteriorated in course of time. Undoubtedly, fice and the Directorate for Personal Data Protection. In that, they re- experts consider the media to be of key importance for democracy, ported on apparent unwillingness on the part of the Ombudsman to use while the existing crisis prevents journalists to perform their job in his mandate fully, probably due to balancing between not upsetting professional manner and without fear. The report enlisted that all the establishment too much and his ability to carry out investigations those going against the interest of authorities risk retaliation, while into less politicized cases. those trying to avoid it put themselves in somewhat “unhealthy relationship” with top governmental officials, thus depriving the public of 19 Ibid, 16 its right to obtain information and narrowing the scope for objective 20 Ibid, 16 and balanced reporting of facts.

12 WHERE ARE WE IN MARCH 2016?

2. Accession Partnership or New Benchmarks

Publication of the Priebe Report proved to be turning point in One may debate to eternity and back about EC’s persistence in negotiations to overcome the political crisis. If by that moment its intention or about actionable value of the Priebe Report, but somebody doubted the role of the European Union, all dilemmas the most crucial recommendations from this report can easily were clarified once the report was published. It became more than be recognized in points defined under the Przino Agreement. clear that the EU is aware of consequences from its turning blind Irrespective of shortcomings in terms of concept or implementation, eye to problems in the past. Even the report indicated that it is a much of what is happening nowadays would not have been possible matter of problems which the Union underlined and demanded to in the absence of that agreement. be addressed in the past, and emphasized that previously delivered recommendations remain in effect and do not override this report.

To avoid this effort to become futile, as well as to support interparty negotiations, knowing that the report’s publication overlapped with the last and crucial round of leader talks, the Union – in parallel with analysis and conclusions made for the five areas covered in the report – offered detailed list of recommendations. According to the senior experts group, adherence and full implementation of recommendations put forward would facilitate fast and efficient resolution of the political crisis. Certainly, having in mind that the current political crisis is unsustainable and inadmissible, on the recommendation from the expert group, the European Commission renamed large part of the list of recommendations as urgent reform priorities and integrated them in its new High Level Accession Dialogue. Later, in November 2015, the EC repeated these recommendations in its annual report. Like it or not, both Priebe Report and Urgent Reform Priorities restored the Accession Partnership that was last analysed back in 2009.

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4. METHODOLOGY

This issue of Accession Watch Reports provides detailed overview of attempts to resolve the political crisis. Moreover, it includes FOSM and MCET’s views on possible exits solutions and specific recommendations that could help political parties involved in negotiations, where portion of recommendations are also geared towards EU institutions, Member States and other friends of Macedonia across the democratic world, attempting to assist in bridging the Macedonian political abyss.

Baseline for the present analysis are documents developed by EU institutions, political groups at EU level, as well as media coverage of events related to the political crisis and analysis thereof by relevant analysts. In the analysis, we relied on several documents, those being: Przino Agreement; Recommendations from the Senior Expert Group Relating to the Rule of Law Issues Related to Interception of Com- munications, published in spring 2015 (Priebe Report); Urgent Reform Priorities; package of laws adopted by the Parliament of Republic of Macedonia arising from the Przino Agreement, etc. The period covered by this report starts with signing of the Przino Agreement on 2nd June 2015 until the year’s end.

For the purpose of this report, we also conducted interviews and desk research and relied on media coverage from a broad spectrum of media outlets.

14 ...II... 1. ESSENCE OF PRZINO

Przino Agreement, to a great extent, concerns facilitation and implementation of fair and free parliamentary elections, notably by anticipating systemic changes such as: caretaker government, special public prosecutor and reforms underlined in Chapter 23 (Judiciary and Fundamental Rights) and Chapter 24 (Justice, Freedom and Secu- CHRONOLOGY rity) concerning operation of state bodies and full compliance with opinions and recommendations of the Venice Commission.21 Specific OF EVENTS measures and steps needed to implement and reform indicated chapters and systemic shortcomings were left to be negotiated and agreed within working group comprised of representatives from the four main parliamentary political parties (VMRO-DPMNE, SDSM, DUI and DPA), mediated by Peter Vanhoutte. Below, we analyse key points from the Przino Agreement.

21 Przino Agreement, 15.7.2015, pg.3

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1. Establishment of caretaker government Uncertainty surrounding these negotiations was largely due to the fact that the Ministry of Interior should be chaired by new minister, Political crisis in the Republic of Macedonia, described in the last nominated by SDSM in consultation with VMRO-DPMNE, DUI and DPA. report of the European Commission as “the biggest crisis after the 2001 This ministerial post was the biggest challenge for all participants in armed conflict”,22 could have been resolved only by brokering political negotiations, especially due to doubts raised for corruption and crimi- agreement among leaders of the four main political parties, focusing on nal behaviour of MOI high officials, related to election frauds, fabri- legal resolution concerning criminal allegations from wiretapped mate- cation of personal identification documents, MOI’s links with the ju- rial disclosed by SDSM. Description used by the EC for the current crisis diciary and the public prosecution that are envisaged as independent as the biggest after 2001 conflict served the purpose of stressing that judicial authorities. Nevertheless, appointment of ministers from the the current political situation in Republic of Macedonia undoubtedly line of opposition parties, which should have taken place on 20th Oc- threatens security and stability of the state, and of the region. Przino tober 2015, threatened agreement’s survival. Foreign mediators openly Agreement from 2nd and 15th June 2015, which referred to reconstruc- attributed fault for discontinuation of negotiations with the ruling tion of the government, anticipated appointment of new ministers party. Under circumstances of strong diplomatic pressures, when the and deputy ministers. Planned date for appointment of new ministers government had been undoubtedly indicated as the factor impeding was breached multiple times and finally, on 6th November 2015, in an implementation of the Przino Agreement, a group of ambassadors, led atmosphere of growing scepticism that the agreement would ever be by UK Ambassador Charles Garett, demanded Gruevski to encourage his implemented, political parties aligned their positions, thus fulfilling team to finalize unresolved issues from the agreement and enable all this point from the interparty agreement. That round of negotiations necessary means to investigate indications arising from unlawful wire- resulted in agreement on nominations for new ministers and deputy tapped materials, given that all political parties had already agreed on ministers. Functional framework governing these appointments im- its importance.23 plied that SDSM will nominate two ministers and three deputy ministers, in consultations with other political parties, while VMRO-DPMNE will The Prime Minister did not issue official reaction, but posted on his appoint two deputy ministers, under the same procedure. The opposi- Twitter account: “Macedonian people will decide about their future”.24 tion led by SDSM nominated minister of interior and minister of labour As part of this announcement, he stressed that the agreement’s goal is and social policy, as well as deputy ministers of finance, agriculture, organization of elections that represent final battle when decision is and information society and administration. On 6th November 2015, the taken about the future of Republic of Macedonia.25 ruling majority represented by VMRO-DPMNE and DUI nominated their deputy ministers of interior and of labour and social policy.

23 http://novatv.mk/index.php?p=1&navig=8&cat=2&vest=25164 24 https://twitter.com/GruevskiNikola/status/659032295727353860 22 Progress Report, the European Commission, 10.11.2015, pg.4 25 http://vlada.mk/node/11346

16 CHRONOLOGY OF EVENTS

Once new public officials were appointed according to what has cally, under the Przino Agreement it is stipulated that: “Terms of office been agreed at the leader meeting taking place in the night between and programme of the technical Prime Minister and the caretaker gov- 5th and 6th November 2015, Gruevski and Zaev issued statements that ernment shall be limited only to organization of fair and democratic provide (as it would be proved later) basis for arguments and interpre- elections”.26 In other words, this executive team will not implement tation of the elections by the two main political parties, as well as of party programmes or projects that would usually fall under activities the Przino Agreement. After the meeting, Gruevski stated: “Elections of line ministries, but rather focus on ensuring that the State Elec- will be held on the wish of VMRO-DPMNE to allow citizens to make tion Commission (SEC), as central body competent to guarantee the their judgement. Citizens are the ones making decisions. This time election process in all its aspects and campaign periods, performs in around, they will once again show to the entire European and world compliance with the Constitution, Electoral Code and other legislation public that winning elections with dirty tricks is not possible. We are in effect. doing this to ensure guarantees that citizens will freely express their will at the elections scheduled for 24th April which, in addition to the As part of these appointments, Oliver Spasovski became new minis- government, will also be guaranteed by the opposition. Moreover, in ter of interior, while Frosina Remenski became new minister of labour this period we will improve Macedonia by democratization of institu- and social policy. In parallel, the opposition nominated additional tions, primarily in relation to the media, judiciary system, checks-and- deputy ministers to three line ministers, as follows: Kire Naumov was balances in society, including Anticorruption Commission and other appointed deputy minister of finance, Ljupco Nikolovski was appoint- institutions, because increased democracy at institutions means we ed deputy minister of agriculture, and Aleksandar Kiracovski was ap- are all winners.” pointed deputy minister of information society and administration. These deputy ministers have the full right of review and veto at their Appointment of the special public prosecutor and establishment of respective ministries in all legal, financial and personnel matters re- caretaker government are two crucial components of the Przino Agree- lated to organization of the elections.27 They will be in position to act ment that should facilitate fair and democratic elections in April 2016. as check-and-balance, by the effect of tied signatures, which means First, Katica Janeva was appointed special public prosecutor, followed that in these matters and decisions (legal, financial and personnel), by appointments of new ministers and deputy ministers. While the Spe- minister and additional deputy minister will have to be in agreement, cial Prosecution Office is tasked to accelerate judicial resolution, the having in mind that any decision would be considered valid only when caretaker government holds mandate to ensure and fulfil preconditions endorsed by both of them. In case of different interpretations between for fair, free and democratic elections. It was also agreed that Prime minister and deputy minister related to competences limited only to Minister Gruevski will submit his resignation at least 100 days prior parliamentary elections, final decision is left to SEC. to new parliamentary elections, scheduled to take place on 24th April 2016. New Prime Minister will assume office as technical appointment, meaning he/she should take care, together with newly appointed min- 26 Przino Agreement, 15.7.2015, pg.2 isters in the caretaker government, to hold free elections. More specifi- 27 Ibid.

17 Twenty Sixth Accession Watch Report

First matter in which functionality of the mechanism of tied signa- GJ: You said it right. Look, we are cutting down, we behave irra- tures was tested in terms of ensuring agreement between executive of- tionally. We have reduced basic operations under minimum, they ficials (minister and deputy minister) occurred at the Ministry of Finance. are not even the bare minimum, while on the other side, we build Notably, Zoran Stavrevski as minister and Kire Naumov as deputy minister I don’t know what. The state is not functioning.28 disagreed on payment of salaries, pensions and social benefits. Naumov from SDSM claimed that payment of salaries and pensions would mean new borrowing (credits) by the state, which must be stopped as soon as possible. In circumstances when the deputy minister did not co-sign decision on payment of salaries and pensions, including the package of 2. Special Prosecution Office social benefits for those at risk, justification offered for Naumov’s veto was challenged before the State Election Commission. Which states have special prosecution offices and why? Such developments made the contents of particular wiretap disclosed by SDSM current again: In regional and continental terms, special prosecutions are not novelty or phenomenon. Namely, special prosecution offices are already in GJ: If only this year would pass. Next year it will be better. But it’s place in Romania, Montenegro and Kosovo. They each have different not better. We are only dragging our tails. jurisdictions, but special prosecution offices across different states share two common features: first, all of them have been established as ZS: Gorde, even if it is better, we always add things, nonstop, so parallel institutions to already existing prosecution offices; and sec- many costs and liabilities have not been seen in any normal coun- ond, their respective jurisdictions primarily concern legal resolution of try worldwide, even if we were America, we would not be able to violations to laws and criminal offences relating to performance and sustain [such public spending]. There’s not a single meeting of abuse of public office, organized crime and terrorism, and war crimes. the Government, of the Economic Council, of these committees we have created, that goes by without their creative ideas about what National Anticorruption Directorate (Directia Nationala Anticorup- should be done: pedestrian path here, pedestrian path there, aqua tie - DNA) in Romania was established in 2002, in compliance with the parks… I don’t know what we are doing. I mean, we are lunatics. Strasbourg Criminal Law Convention on Corruption. DNA is an indepen- What we do is not normal. dent judicial structure and operates within the Prosecution Office that is part of the High Court for Cassation and Justice. This prosecution GJ: This situation is idiotic. office has jurisdiction on the entire territory of Romania: it is seated

ZS: We are lunatics. We spend on chocolate, but don’t have bread 28 Conversation no. 11 between interior minister Gordana Jankuloska and finance at home, that’s what we are doing. minister Zoran Stavrevski, available at: http://goo.gl/i8s84z

18 CHRONOLOGY OF EVENTS in Bucharest and has local offices in total of 15 regions. DNA is chaired In parallel, Kosovo also established specialized court, comprised of by chief prosecutor, who is assisted by two deputy chief prosecutors. specialist chambers, which should be independent from the judicial In addition, staff at this prosecution office includes 145 prosecutors, system in Kosovo, but are integral part of its justice system. According 170 police officers and 55 experts profiled in the fields of economy, fi- to the relevant law in effect: “specialist chambers shall be attached nance, banking, customs and information technology. Law No. 78/2000 to each level of the court system: Basic Court in Pristina, Court of Ap- stipulates that DNA shall be obliged to investigate possible cases of peals, Supreme Court and Constitutional Court. These chambers shall corruption committed by social, political and public officers and of- be based in Kosovo, but may also be seated in another ‘host state’. They ficials, including Members of Parliament and employees in the public shall have temporary jurisdiction in relation to crimes committed or sector, as well as criminal offences committed against EU’s financial in- initiated on Kosovo territory in the period 1.1.1998 - 31.12.2000.”32 terests (malpractices related to value added tax), also called high crime Operation of these specialist chambers is funded by the EU. for offences that have caused material damages in amount exceeding 200,000 EUR or whose monetary or in-kind value exceeds 10,000 EUR.29 State Prosecution for Suppression of Organized Crime and Corrup- tion (Ured za suzbijanje korupcije i organiziranog kriminaliteta - US- Exactly this prosecution (DNA) raised charges against then current KOK) is specialized department at the State Attorney Office in Republic Prime Minister of Romania Ponta, on the grounds of money laundering of Croatia. Established in 2001, USKOK holds mandate to investigate and tax evasion.30 and prosecute organized crime and corruption.33

The special prosecution in Kosovo was established with primary goal of prosecuting: war crimes against humanity; terrorism; genocide; Why Macedonia needs special prosecution office? war crimes amounting to serious infringement of the Geneva Conven- tion; use of forbidden means or methods for warfare; organization of Independent judiciary is pillar of any democracy, tasked with pro- groups to commit genocide, crimes against humanity and war crimes; tection of human rights and civil freedoms guaranteed by constitution threats to individuals enjoying international protection; illegal ap- and laws. Moreover, judiciary guarantees proper functioning of state propriation, use, transfer and disposal of nuclear material; threats to institutions, justice and fairness, and guards human rights and free- deploy such material; robbery or larceny of nuclear material; organized doms. The Public Prosecution Office is specific state body entrusted crime; money laundering and similar criminal offences.31 with special jurisdiction and holding special importance within the judicial branch of government which, according to Article 106 of the Con-

29 stitution of Republic of Macedonia: “is single and autonomous state http://www.acauthorities.org/country/ro body carrying out legal measures against persons who have committed 30 http://www.akademik.mk/romanskiot-premier-obvinet-za-perene-pari-i- zatajuvane-danok-3/ 32 31 http://www.gazetazyrtare.com/e-gov/index.php?option=com_content&task=view http://www.kuvendikosoves.org/common/docs/ligjet/05-L-053%20a.pdf &id=143&Itemid=56&lang=en 33 http://www.dorh.hr/Default.aspx?sec=18

19 Twenty Sixth Accession Watch Report criminal and other offences determined by law. It also performs other Proceedings”.36 In its 2015 Report, the EC remarked: “However, atten- duties determined by law. The Public Prosecution Office performs its tion needs to be paid to the number of cases which are dropped by functions on the basis of the Constitution, laws and international trea- the prosecution service before reaching the court stage. In particular, ties ratified in accordance with the Constitution”.34 it should be clarified whether this is due to problems in coordinating with the referring law enforcement agencies or in gathering sufficient Credibility, independence and autonomy of the public prosecutor evidence at the investigative stage”.37 Abounding criticism and re- in Macedonia have long been undermined. Appearance of public pros- marks made against judiciary’s performance, in particular concerning ecutor Marko Zvrlevski in the company of the political leadership (Saso its impartiality and independence, as featured in EC’s 2015 Report, un- Mijalkov, Amdi Bajram and Nikola Gruevski) at 2013 Roma Ball is just derlined that: “Judicial Council does not monitor the system systemati- one of the many evidence supporting claims about this prosecutor’s cally and there are concerns that it is sometimes circumvented in key “dependence”. As part of wiretaps disclosed, popularly known as bombs, cases”. Criticism is most prominent in EC’s 2015 Report, as demonstrat- interior minister Gordana Jankuloska tells finance minister Zoran ed by this excerpt: “Credibility of the track record in fighting high-level Stavrevski that she called Marko (Marko Zvrlevski) and reassured her corruption is weakened by the failure to investigate serious allegations collocutor that she had completed the matter he had tasked her with: made against senior public officials, including allegations made in the “you should know… what you tasked me with - it’s done”.35 Publication recent interception scandal”.38 of this wiretapped conversation, undoubtedly revealing unconstitutional link between the public prosecutor representing judicial branch On the other hand, bombs revealed serious crimes and large scale of government and interior minister Gordana Jankuloska representing undermining of state institutions, therefore requiring investigation executive branch of government shattered any remaining legitimacy into their contents to be pursued autonomously and independently, of the Public Prosecution Office in the eyes of the public. Moreover, primarily by institution that enjoys citizens’ faith that investigations as part of annual progress reports this prosecution office was directly will be performed in compliance with all legal and formal preconditions criticized by the European Commission on many occasions. In particu- and that charges raised will be processed by independent judiciary. lar, 2013 and 2014 Progress Reports for the Republic of Macedonia feature identical remarks about the prosecution’s capacity: “Substantial Due to broad distrust in the judiciary system, the interparty agree- human and material resources are still needed in order for the prosecu- ment crafted as exit route from the political crisis includes point on es- tion service to ensure full implementation of the new Law on Criminal tablishment of special prosecution office: “no later than 15th Septem- ber 2015, by agreement of the four main political parties, NEW SPECIAL

36 MCET’s comparative analysis of EC’s progress reports 2012-2015 titled “Backslide – 34 Article 106 of the Constitution of Republic of Macedonia Checked” available at: http://mcet.org.mk/news/Y64BsLwdcrSZETgHR 37 35 See full transcript of this conversation featured in bomb no. 3 on prizma.birn. Ibid. eu.com, available at: http://goo.gl/Z7WJRK 38 Ibid.

20 CHRONOLOGY OF EVENTS

PUBLIC PROSECUTOR will be appointed, with full autonomy to lead inves- Law on Special Prosecution Office tigations surrounding and arising from intercepted communications”.39 Greatest reason for public’s distrust in the regular prosecution office has The Law on Prosecution Office for Crimes Surrounding and Arising been its obvious unwillingness, and lack of capacity, to complete these from Contents of Illegally Intercepted Communications, known as Law investigations in full compliance with the law. on Special Prosecution Office, was unanimously adopted by the Parlia- ment of Republic of Macedonia with 111 votes FOR. It was adopted in so-called fast-track procedure and was immediately published in the Negotiations and appointment of the special prosecutor Official Gazette of Republic of Macedonia to enter in effect immediately after its enactment, thus complying with deadline indicated in Fulfilment of commitments assumed under the Przino Agreement the Przino Agreement from 15th July 2015. started with opposition’s return in the Parliament of Republic of Mace- donia on 1st September 2015, and continued with selection and ap- Although unanimously adopted, MPs did not miss the opportunity pointment of the special prosecutor. Deadline anticipated for fulfil- to discuss this legal solution. ment of this obligating from the Przino Agreement was complied with, i.e. law governing work of this special prosecution office was adopted Amendments proposed by Pavle Trajanov and related to penal pro- on 15th September 2015. Well into late night hours, the public learned visions were rejected by Members of Parliament. On that occasion, he the name of the new special prosecutor. Katica Janeva, appointed to said: “Any person that fails to present, conceals or provides false infor- the office special prosecutor, had been unknown to the broad public mation to the public prosecutor, shall be liable to imprisonment sen- in Macedonia. Coming from the prosecution office in Gevgelija, this tence in duration of at least three years. In case the person, acting in female prosecutor was an actual surprise for many. Her working experi- official capacity, fails to submit such information, conceals or provides ence is modest, but her biography is impressive, especially in terms of false information, shall be liable to imprisonment sentence in dura- training she benefited from. Immediately, speculations were sparkled tion of at least five years. This amendment was rejected by consensus in regard to the political party that nominated her for this office. Kati- among the four main political parties”.40 ca Janeva’s rich training biography enkindled claims that she has been appointed on nomination by the US Embassy in Skopje. According to MPs from the ruling majority,41 this law provided chance to learn “the truth, within formal legal setting, considered be- fitting for any serious state”.

40 Shorthand notes from the parliament session no. 68, from 15.9.2015. 39 Przino Agreement 41 Ibid, statement made by MP Ilija Dimovski

21 Twenty Sixth Accession Watch Report

The law contains provisions related to operation of the special First barriers at the Council of Public Prosecutors prosecutor, regulates her appointment, jurisdiction, adoption of the budget to support work of the Special Prosecution Office, and the Selection and appointment of the special prosecutor was unanimous- like. The special prosecutor is given mandate in duration of four years ly approved by the Council of Public Prosecutors on 16th September 2015. and her jurisdiction covers investigation and prosecution of criminal offences surrounding or arising from contents of intercepted com- However, setbacks came into play on the occasion of appointing Kati- munications.42 Any aspects of the work of this prosecution office that ca Janeva’s team of prosecutors. Although she is legally allowed to nomi- have not been regulated under the special law are considered to be nate members of her team and, accordingly, decide on the number of governed by the Law on Public Prosecution Office and other legisla- prosecutors needed to sustain workload of the Special Prosecution Office, tion in effect. Autonomy of this prosecution service is guaranteed by and despite facts that sole responsibility of the Council of Public Pros- the same law, where it is indicated that nobody shall be allowed to ecutors was to confirm appointment of prosecutors nominated by Katica influence performance of the Special Prosecution Office, including Janeva, that did not happen as simply and smoothly as expected. Names interference by the Public Prosecution Office, but it shall be held ac- of prosecutors nominated for Katica Janeva’s team were: Artan Ajro from countable before the Parliament and the Council of Public Prosecu- Skopje, Burim Rustemi from Kumanovo, Gavril Bubevski from Skopje, tors. Nevertheless, the law does not stipulate number of public pros- Darko Jakimovski from Skopje, Elizabeta Josifovska from Gostivar, Lejla ecutors working under the special prosecutor, except for the manner Kadriu from Tetovo, Lence Ristovska from Skopje, Lile Stefanova from the in which they would be appointed and the fact that they shall not be Public Prosecution Office against Organized Crime and Corruption, Lju- entitled to issue orders and motion charges, but will be allowed to bomir Lape from Kriva Palanka, Marija Gjorgjeva from Skopje, Snezana present and explain indictments raised before the courts in Repub- Bundaleska from Skopje, Stefco Donev from Kocani, Trajce Pelivanov from lic of Macedonia. Financial means for special prosecution’s operation Skopje, Fatime Fetai from Skopje. should be secured by the Government, as part of the Budget of Re- public of Macedonia, upon financial plan drafted and proposed by the By means of decision taken on 14th October 2015, the Council of Pub- special prosecution, i.e. by the special prosecutor herself. lic Prosecutors confirmed appointment of 7 from 14 nominees on the list submitted by Katica Janeva. According to President of the Council of Public Prosecutors, the fact that special prosecutor’s team has been halved is due to number of cases assigned to Katica Janeva, i.e. around 30 cases in total, and that their scope could be sufficiently processed by 7 prosecutors. Furthermore, President of the Judicial Council stressed that, although in compliance with the Przino Agreement which is political agreement, Katica Janeva has autonomy to decide on the number of 42 Law on Prosecution Office for Crimes Surrounding and Arising from Contents of prosecutors needed, but the Council of Public Prosecutors takes its deci- Illegally Intercepted Communications.

22 CHRONOLOGY OF EVENTS sions according to law, not politics.43 This was the first setback for Katica The budget which VMRO-DPMNE contested Janeva who, despite the council’s decision, stood firmly on her demand to have all 14 prosecutors appointed to her team. Budget of the special prosecution was not spared of controversies at the Parliament of Republic of Macedonia. In particular, their bud- Another barrier was identified in the petition motioned to challenge get was approved on 27th January 2016, with 64 votes FOR and 1 vote constitutionality and lawfulness of the Special Prosecution Office, sub- ABSTAINED. MPs from VMRO-DPMNE demanded the special prosecution mitted by attorney-at-law from Sveti Nikole. Moreover, public prosecu- to account for their spending. MPs from SDSM claimed that confusion tor Marko Zvrlevski also announced petition to challenge lawfulness and among colleagues from VMRO-DPMNE is due to their powerlessness to constitutionality of said legislative act governing establishment and control this particular institution, after so many years of having prac- operation of the special prosecution. ticed control over all institutions.46

Delays in appointment of public prosecutors ended on 4th November On 9th October 2015, Katica Janeva presented her financial, oper- 2015, when all five additionally nominated prosecutors were unanimous- ational and personnel plan to the Council of Public Prosecutors, the ly approved by the Council of Public Prosecutors. Darko Jakimovski and Parliament and the Government of Republic of Macedonia. Anticipated Snezana Bundaleska were removed from the new list of nominations. At budget allocations from the special prosecutor’s financial and budget last, Katica Janeva’s team was completed and all 12 prosecutors pledged plan triggered visceral reactions in the media, dubbing the proposed their oaths before the Council of Public Prosecutors on the same day. budget “megalomaniac demands of Katica Janeva”.47 Numerous me- Justification for the change of heart at the Council of Public Prosecutors dia outlets compared the special prosecution’s budget to that of the implied that workload and number of cases falling under special prosecu- Prosecution Office against Organized Crime and Corruption, stressing tor’s jurisdiction are increasing.44 Nevertheless, it should be noted that that for a period of two months Katica Janeva’s budget amounted to 1 on 19th October 2015 the Council of Public Prosecutors was addressed million EUR, while the annual budget of the Prosecution Office against with a letter endorsed by four main political parties (VMRO-DPMNE, SDSM, Organized Crime and Corruption does not exceed 500,000 EUR. Accord- DUI and DPA). In reaction to this letter, the Council of Public Prosecu- ing to the financial plan proposed by Katica Janeva, the annual budget tors publicly appealed to Katica Janeva to re-submit her request for ap- in amount of 4 million EUR is intended to cover salaries of 13 pros- pointment of remaining number of prosecutors, after which they would ecutors, 28 investigators, 30 personal security officers, 6 advisors, 4 IT immediately schedule a session for their appointment.45 investigators, or total of around 124 persons employed at the Special Prosecution Office. In addition to staff salaries, budget funds would also be spent on procurement of goods and services, costs related to 43 http://www.akademik.mk/pomoshnitsite-na-janeva-ne-dadoa-zakletva-sovetot- povtorno-ke-odluchuva-za-timot-na-spetsijalnata-obvinitelka 44 http://24vesti.mk/kompletiran-timot-na-katica-janeva-kje-raboti-so-12-obviniteli 46 http://utrinski.mk/default.asp?ItemID=0CBACBC85C3D5F4984EB0037927C75FF 45 http://tocka.com.mk/1/174198/uste-utre-moze-da-se-odlucuva-za-ostanatiot- 47 http://sitel.com.mk/tret-den-molk-od-specijalnoto-obvinitelstvo-za- del-od-timot-na-janeva megalomanskite-baranja

23 Twenty Sixth Accession Watch Report court proceedings, including counselling and expert advice, profes- Obstacle no. 2 – public prosecution service sional advancement, and maintenance of premises and equipment, as well as capital investments. After having overcome obstacles imposed by the Council of Public Prosecutors, i.e. once Katica Janeva’s team was completed with recruit- In spite of many and varied accusations, the Council of Public Pros- ment of new public prosecutors, the special prosecution encountered new ecutors unanimously approved Katica Janeva’s financial plan. set of barriers in its operations related to completion of their expert team. In that, SPO could not employ expert staff in the absence of adequate Law After her team and budget were approved, the Public Prosecution on Public Prosecution Service. Attempting to resolve this problem and in Office declared its dissatisfaction with manner in which her team was cooperation with the Ministry of Justice, Katica Janeva drafted the Law on appointed, as well as the budget approved for their prosecution office, Public Prosecution Service aimed to ensure full functionality of her special and announced they would petition the Constitutional Court to exam- prosecution. Ministry of Justice officially presented this law to the Govern- ine constitutionality of the new Law on Special Prosecution Office.48 ment of Republic of Macedonia on 24th November 2015. In an attempt to speed up work of her prosecution office, Katica Janeva publicly appealed: Threats, including petitions to challenge constitutionality and “we expect the draft law to be defined as agenda item on the first meet- lawfulness of the Law on Special Prosecution Office, calmed down in ing of the Government of Republic of Macedonia, followed by fast-track proportion to declining infamy created around appointment of special procedure for its adoption at the Parliament of Republic of Macedonia and prosecutor’s team. The constitutional petition motioned by attorney- full implementation thereof”.50 Her request for urgent adoption of this law at-law from Sveti Nikole was withdrawn, followed by Marko Zvrlevski’s landed on deaf ears at the Government. On 30th November 2015, Katica Ja- announcement that he would not move forward with his petition to the neva expressed her concerns with the law’s delayed adoption, which further Constitutional Court. Nevertheless, World Macedonian Congress’ leader complicates unhindered operation of SPO. Again, the Government did not Todor Petrov did not withdraw his petition to the Constitutional Court take action on second appeal made by Katica Janeva, in reaction to which of Republic of Macedonia from 21st October 2015.49 15 days later, the Special Prosecution Office submitted an initiative to all Members of Parliament and the Government to have this law adopted. This initiative included rationale, explaining reasons behind the need to have this law urgently adopted and analysis of state-of-affairs and applicable legal regulations, which was accompanied with the law’s text and budget- ary implications. According to SPO, the law had been drafted according to needs of this prosecution. Given the special prosecution’s importance, as well as the need for its unhindered operation, people from this prosecution 48 http://www.mkd.mk/makedonija/politika/sovetot-na-javni-obviniteli-deneska- kje-go-usvojuva-planot-i-timot-na-janeva 49 http://fokus.mk/todor-petrov-nema-da-ja-povleche-initsijativata-za-ustavnosta- 50 http://faktor.mk/2015/11/23/janeva-sprema-zakon-za-javno-obvinitelska- na-spetsijalnoto-obvinitelstvo/ sluzhba-za-rabotata-ke-informira-i-na-fejsbuk-stranitsa/

24 CHRONOLOGY OF EVENTS office stated they expect positive response to have the law enacted in fast- This legal provision is contrary to and violates autonomy enjoyed by track procedure.51 the Special Prosecution Office, as it allows public prosecutor Marko Zvr- levski, in coordination with finance minister Zoran Stavrevski, to assume On 18th December 2015, MPs from opposition SDSM submitted the Law jurisdiction over salary supplements for special prosecutors. on Public Prosecution Service and it formally entered parliamentary procedure. Despite efforts to have this law submitted by all parliamentary groups, In response, the special prosecutor announced her position concern- it was proposed only by SDSM and its coalition partners. Lack of will to have ing this new legal provision on the official Facebook page of the Special the law passed and enable full operationalization of the Special Prosecu- Prosecution Office: “I would like to indicate that the legal provision from tion Office was demonstrated at the 80th parliamentary session when this the proposed Law on Salaries for Public Prosecutors authorizing the Pub- draft law was not passed, with final tally of 54 votes AGAINST and 27 votes lic Prosecutor of Republic of Macedonia, upon previous consent from the FOR. Votes against adoption of this law were given by MPs from the rul- Minister of Finance, to take decisions concerning salary supplements for ing majority, in particular those from VMRO-DPMNE. Instead of facilitating public prosecutors working at this prosecution office, is in violation of the operation of the Special Prosecution Office, ruling party continued to en- established principles of autonomy and financial independence of the spe- gineer obstacles for this institution. Additional complications for SPO were cial prosecution. Law on Prosecution Office for Crimes Surrounding and identified in another draft law proposed by the Government threatening to Arising from Intercepted Communications clearly stipulates that salary disturb its autonomy. Actually, agenda item 21 at the 80th parliamentary supplements for public prosecutors at this prosecution office and payment session52 enlisted adoption of the Law on Amending the Law on Salaries thereof can in no form or manner be related to the Minister of Finance, no- for Judges, in fast-track procedure. Article 6-b, paragraph 4 of this draft law tably because the Ministry of Finance is obliged to integrate the financial concerned salary supplements for public prosecutors and stipulated that: plan of this prosecution office in the state budget and cannot alter its contents in any form or manner. At the same time, the principle of au- “Salary supplements referred to in paragraph (1) of this article, their tonomy implies my autonomy in acting as special prosecutor and excludes amount and manner of establishment for the State Prosecution Office, any interference of the state prosecutor in our work. Therefore, I expect Higher Prosecution Offices, Basic Prosecution Offices, Public Prosecution the draft Law on Salaries for Public Prosecutors to integrate an exemption Office against Organized Crime and Corruption and Prosecution Office for for this prosecution office”.54 Crimes Surrounding and Arising from Intercepted Communication shall be regulated by means of act adopted by the Public Prosecutor of Repub- After abounding criticism targeting the governing party, Katica Janeva lic of Macedonia, upon previously obtained consent from the Minister of proposed an amendment allowing the special prosecutor to take own deci- Finance”.53 sions on salary supplements for prosecutors employed at her institution.55

51 http://a1on.mk/wordpress/archives/561450 54 Official Facebook page of the Special Prosecution Office 52 http://www.sobranie.mk/sessiondetails.nspx?sessionDetailsId=514ae52a-f803- 55 http://www.telma.com.mk/vesti/katica-janeva-kje-odluchuva-za-dodatocite-na- 4ef7-9096-92fb31766def&date=21.12.2015 obvinitelite 53 http://www.sobranie.mk/materialdetails.nspx?materialId=d22bc200-1622-4dd7- 9428-a6893925c922 25 Twenty Sixth Accession Watch Report

On 31st December, i.e. last day of 2015, Law on Public Prosecution special prosecutor Katica Janeva would be invited to answer questions at Service was adopted in fast-track procedure, thus enabling SPO to em- the Council’s next meeting. ploy additional staff.

Mishaps in “Coup” Council of Public Prosecutors reconsiders Katica Janeva’s performance By the end of 2015, on request motioned by defence attorneys in lawsuit “Coup”, suspects Verusevski and Lazarevski were released from On 30th December 2015, leader of SDSM Zoran Zaev handed over to prison dentition, after having spent almost one year there. They were the Special Prosecution Office all remaining wiretapped materials that released to home detention under temporary confiscation of passports have not been disclosed as part of their bombs. Immediately afterwards, and bail bonds implying mortgage of their property and prohibition to accusations were raised in the public that the Special Prosecution Office leave their places of residence. The Criminal Council at the Basic Court acted in breach of the legal procedure, failing to compile minutes about Skopje took this decision upon motion by defence attorneys and previ- materials received from SDSM’s leader. These accusations made Katica ously obtained positive opinion from the Special Prosecution Office. Janeva an agenda item at the meeting of the Council of Public Prose- cutors, competent to supervise SPO performance. Behind closed doors, Nevertheless, obstacles for the Special Prosecution Office contin- the Council of Public Prosecutors established the need to reconsider ued. Instead of receiving all evidence in the “Coup” affair, as party in and discuss performance of Katica Janeva, or according to the Council court proceedings for which it established jurisdiction, special pros- President: “we are not interested in the number of cases received and ecutors were allowed insight in evidence only at court premises pursu- whether the special prosecution has compiled minutes for them or not”, ant to judge’s decision that evidence in question should not be handed adding that the Council has taken decision to request SPO to respond to in possession of the Special Prosecution Office.56 On the account of their questions, within shortest deadline possible, in order to clarify any these developments and obstacles for the Special Prosecution Office, uncertainties related to materials they received. Furthermore, the Coun- as well as time needed to review evidence materials, next hearing in cil of Public Prosecutors indicated it would discuss and reconsider the this court procedure was scheduled for almost two months later. matter of reduced number of prosecutors at the Special Prosecution Of- fice, i.e. “dismissal of prosecutors Lelja Kadriu and Marija Gjorgjeva”. SPO representatives stated they had timely addressed the Council with letter, informing them that 10 prosecutors are sufficient to sustain workload at this prosecution office. Nevertheless, the Council of Public Prosecutors announced they would establish commission of three members to investigate reasons behind dismissal of two prosecutors from Katica Janeva’s team. President of the Council of Public Prosecutors also announced that 56 http://novatv.mk/index.php?navig=8&cat=2&vest=26670

26 CHRONOLOGY OF EVENTS

3. Przino-mandated batch of laws •• Political party financing. Single change made to provisions governing political party financing implied introduction of fine in amount of On 10th November 2015, in fast-track procedure the Parliament of 9,000 EUR in MKD counter value for violation committed by political Republic of Macedonia adopted five laws and decision to establish par- party, coalition or independent candidate, in case of failure to submit liamentary inquiry committee for the interception scandal. reports on election campaign financing referred to in Article 85 of the Electoral Code, i.e. in cases when election campaigns have been financed contrary to Article 83 of the Electoral Code. Amendments to the Electoral Code •• Gender representation. At least 40% of candidates should be members Most important changes made to this law include: of the less represented gender, as follows: for each three seats in the Parliament at least one seat shall be assigned to the less represented •• Election of 3 MPs from the diaspora shall be pursued according to the gender and an additional one seat shall be assigned for each ten MP following principle: one MP shall be elected provided he/she has won seats. at least the same number of votes for election of MP with the lowest number of votes in election units across Republic of Macedonia on last •• The voters list shall be updated by means of comparison against existing parliamentary elections, second MP shall be elected provided he/she databases kept and maintained by different state institutions, followed had won at least double the number of votes for election of MP with the by field checks of limited scope targeting the most disputable entries. lowest number of votes in election units across Republic of Macedonia on last parliamentary elections, and third MP from the diaspora shall •• Media coverage. Total of 18 additional minutes to each hour of actual be elected provided he/she had won at least three times the votes for advertising broadcast shall be exclusively dedicated to paid political election of MP with the lowest number of votes in election units across advertisements, of which the political parties in power will have eight Republic of Macedonia on last parliamentary elections. minutes, eight minutes will be assigned to opposition parties represented in the Parliament of Republic of Macedonia, one minute shall be •• Discontinuation of employments at state and public institutions or sus- assigned to political parties represented in the Parliament of Republic pension of already initiated employment procedures. of Macedonia without parliamentary group and one minute to political parties that are not represented in the Parliament of Republic of •• Modification of composition and funding for the State Election Commis- Macedonia. In the period from announcement of the elections until sion (SEC). In addition to commission members nominated by political election campaign silence, the public broadcasting service shall be parties, SEC’s capacity shall be strengthened with three independent ex- obliged to organize debate shows, i.e. face-off among representatives perts, appointed by consensus among all political parties. SEC shall ap- of main political parties in government and opposition, as well as other point its General Secretary, responsible to manage expert services at this participants in the elections. commission. Voting within SEC shall be pursued with absolute majority.

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•• Prohibition for the media to finance political party campaigns. Broadcast- Amendments to the Criminal Code ing services, printed and electronic media (internet portals), as well as persons related to them, shall not be allowed to finance and make dona- This draft law included one change to Article 151 of the Criminal tions to political parties in any form or manner. In that regard, related Code related to unauthorized audio recording and interception of com- persons shall mean persons defined under Article 36 of the Law on Au- munications, notably by increasing the threatened sanction with im- dio and Audio-Visual Media Services.57 prisonment for officers engaged in unauthorized interception of communications “in duration of at least four years”, including threatened fine for the legal entity and responsible person at the legal entity with Law on the Government of Republic of Macedonia imprisonment sentence of at least four years.59 This law is of temporary effect, meaning it will be enforced until organization of elections in April 2016, with exception of Article 43 related to establishment of caretaker government for all future elections. Law on Protection of Privacy

•• Hundred (100) days prior to holding elections for Members of Parliament, Purpose of this law was to protect privacy of citizens in Republic of and upon previous resignation of the President of Government, the Parlia- Macedonia relating to materials arising from illegally intercepted comment of Republic of Macedonia shall appoint new caretaker government, munications in the period 2008-2015. tasked with organization of parliamentary elections, which should be led by new Prime Minister nominated by the political party with highest Legal obligations arising from this legislation imply handing over of number of seats in the Parliament of Republic of Macedonia. all wiretapped materials to the competent prosecution within a deadline of 20 days from the law’s adoption. •• Other provisions from this law are related to appointment of Minister of Interior and Minister of Labour and Social Policy, additional deputy minis- Article 1, paragraph 2 of the Law on Protection of Privacy strictly pro- ters at the Ministry of Finance, Ministry of Agriculture, Forestry and Water hibits possession, processing and publication of wiretapped materials Economy, and the Ministry of Information Society and Administration. which represent privacy violation in terms of personal and family life.60 •• Competences of newly appointed ministers and deputy ministers include legal, financial and personnel matters related to organization of the elections.58

57 Law on Amending the Electoral Code, “Official Gazette of the Republic of 59 Law on Amending the Criminal Code, “Official Gazette of the Republic of Macedonia” Macedonia” no. 196 from 10.11.2015 no. 196 from 10.11.2015 58 Law on Amending the Law on Government of the Republic of Macedonia, “Official 60 Law on Protection of Privacy, “Official Gazette of the Republic of Macedonia” no. Gazette of the Republic of Macedonia” no. 196 from 10.11.2015 196 from 10.11.2015

28 CHRONOLOGY OF EVENTS

Law on Protection of Whistleblowers 4. Inquiry committee of short warranty period

This law regulates protected whistleblowing, rights of whistleblow- According to Przino Agreement, resolution of the political crisis ne- ers, and stipulates procedure and duties of institutions or legal entities cessitated establishment of parliamentary inquiry committee for the related to protected whistleblowing and protection of whistleblowers large scale interception affair targeting more than 20 thousand citi- holding reasonable suspicion or knowledge that punishable criminal zens. offences or any other illegal and inadmissible act violating or threatening public interest has been committed, is being committed or is likely In that, this inquiry committee was envisaged to be comprised of 16 to be committed. MPs in total, 8 nominated by VMRO-DPMNE, 4 nominated by SDSM, 2 by DUI, 1 by DPA and 1 independent Member of Parliament. Whistleblowing reports can be made internally, at the institution in question, and externally - to the Basic Prosecution Office or the Minis- Petre Silegov was nominated chair of the inquiry committee, with try of Interior, and even publicly, by means of public disclosure of in- Goran Misovski acting as deputy chair. According to the proposal, mem- formation concerning knowledge about punishable criminal offences. bers of the inquiry committee are: Antonio Milososki, Silvana Boneva, Other provisions from this law stipulate the procedure on whistleblow- Krsto Mukoski, Pavle Sazdov, Dimitar Stevanandzija, Liljana Zaturoska, ing reports and protection of whistleblowers. Magdalena Manaskova, Vladanka Avirovik, Tomislav Tuntev, Vasko Ko- vacevski, Talat Dzaferi, Ejup Rustemi, Ernad Fejzula and Roza Topuzova- What raises doubts in honesty of this law, as well as in terms of the Karevska.62 fact whether suspects in the affair “Coup”61 will be able to appear in capacity of whistleblowers, is identified in Article 24, paragraph 1: “Ma- As was the case with other components from the Przino Agreement, terials arising from illegally intercepted communications in the period this point was pursued with major difficulties and obstructions. Opera- 2008-2015 shall not be allowed to appear as contents of whistleblow- tion of this inquiry committee was blocked from its onset. ing reports referred to in Article 3, paragraph 1 of this law.” In continuation, and almost on daily basis, work of this inquiry com- Manner in which this provision would be interpreted is yet to be mittee was accompanied by scandals, insults and unbefitting state- seen in further court proceedings for the affair “Coup”, for which SPO ments, while government and opposition played table tennis in point- declared jurisdiction. ing fingers at each other as on-duty culprit.63

62 http://plusinfo.mk/vest/25679/vo-sobranie-dogovorena-anketna-komisija-za- navodite-od-prislushkuvanite-razgovori 63 http://www.telegraf.mk/aktuelno/makedonija/328028-anketna-komisija- 61 http://www.time.mk/c/b292152100/analiza-za-aferata-puc.html rabotata-zakoci-po-prvite-glasanja

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Two weeks into their work and after series of coordination meetings, com- the meeting hall and Petre Silegov, in the capacity of committee chair, duly mittee members were able to reach agreement on its book of procedures.64 complied with such request. Even at that time, some members warned that this inquiry committee is des- tined to fail and would be turned into another “entertainment spectacle”. Photo reporters and cameramen were not allowed to take photographs prior to the meeting (although that has been established as common prac- The meeting scheduled for 9th December 2015 was postponed. In the tice for many and varied type of events). In that, for the first time during his media, Gruevski announced that he would not be able to appear and testify 10-year rule, public was denied the right to see the Prime Minister in “the before the parliamentary inquiry committee for the interception scandal. In defendant seat”. (Later, same manoeuvre was used by the finance minister that, he said that he would be available to make his deposition next Monday, Zoran Stavrevski. He also requested his testimony before the inquiry com- thus setting the date of his hearing himself.65 mittee to be closed for the public, but was denied such right by committee chair Petre Silegov.) Anxiety grew, especially among the opposition, as they faced numerous obstructions and were racing against time knowing that the inquiry commit- According to the media, as well as political analysts, Prime Minister’s re- tee was obliged to present its final report in late January. quest to make his deposition in secret had been part of broader strategy to have this affair less covered and written about. In the opinion of VMRO- Numerous relevant foreign media reported on impasse at the inquiry DPMNE, questions are raised whether the motif behind establishment of this committee and the fact that such situation is favoured only by MPs from the inquiry committee had been political theatre or fact-finding, while SDSM ruling party. explained that ruling party is turning the inquiry committee into farce, hid- ing behind closed doors, and stated they are ready to hold next session only “The parliamentary inquiry committee, perceived by VMRO-DPMNE’s lead- when witnesses are willing to testify publicly.67 ership as prosecution bench and bastard child of democracy, is finally established after many delays and outsmarting among political parties, and Based on scarce information circulated in public after the inquiry com- under pressure from abroad. However, from its establishment, the inquiry mittee’s session, Prime Minister Gruevski passed the interrogation with fly- committee is more preoccupied with itself than the interception scandal.”66 ing colours. To some questions, he had responded with answers prepared and written in advance, but used phrases such as “I do not know” or “such infor- The Prime Minister handpicked 14th December 2015 as the date for his mation is new to me” in response to other and more intriguing questions.68 appearance before the inquiry committee. Nikola Gruevski - summoned as witness on the proposal by VMRO-DPMNE - demanded journalists to leave

67 64 http://www.24vesti.mk/kako-da-se-odredi-politichkata-odgovornost-koga- http://novatv.mk/index.php?navig=8&cat=2&vest=25913 anketnata-komisija-e-zatvorena 65 http://a1on.mk/wordpress/archives/559270 68 http://www.plusinfo.mk/vest/51086/anketna-komisija-pocna-tenzicno-prodlolzi- 66 http://www.tanjug.rs/full-view.aspx?izb=220109 mirno-zavrshi-%E2%80%93-humoristicno

30 CHRONOLOGY OF EVENTS

Questions addressed to Prime Minister by committee members As explained by MPs from the ruling majority, main reason behind remained secret. Although it is not difficult to assume that Gruevski their insistence for the inquiry committee to work behind closed doors stayed faithful to his well-known rhetoric that the wiretapping affair is had been to prevent another publication of wiretapped conversations. a matter of opposition-edited recordings, put out of context and created for the single purpose of discrediting him in public. Former interior and transport ministers, Gordana Jankuloska and Mile Janakieski, did not respond to their respective invitations to tes- Most of his views had been repeated in the interview, which quite tify before the inquiry committee.71 The parliamentary inquiry commit- purposefully coincided with Gruevski’s interrogation at the inquiry tee was also ignored by former chief of security services Saso Mijalkov committee, wherein - in the manner of heavy-weight champion - he an- and prime minister’s cabinet chief Martin Protoger, both of which are nounced start of 8th round at the boxing match and promised to “knock considered closest associates to the Chief of Government. out” opposition’s leader Zaev.69 The atmosphere created by these actions resulted in major discord Prime Minister’s interview stirred numerous reactions and was as- among MPs.72 sessed as demonstration of absolute unpreparedness to implement what has been agreed as part of the Przino Agreement. “Too many Inquiry committee members from VMRO-DPMNE demanded SDSM’s crochets and too little visionary rhetoric in Gruevski’s interview: he leader Zoran Zaev to be summoned to testify. He first announced he projects himself as Mohamed Ali, but in the last 10 years has avoided would make his deposition, but only after Gruevski testifies at an open all televised debates with opposition leaders - analysists said after yes- session of the inquiry committee.73 terday’s ‘boxing’ interview with Prime Minister Gruevski.”70 MP from VMRO-DPMNE Antonio Milososki interpreted these delays Prime Minister’s insistence to testify before the inquiry committee as opposition’s attempt to postpone elections scheduled for April 2016. behind closed doors caused multitude of negative comments, prompt- ing the public to wonder what he has to hide. MP from SDSM and inquiry committee chair Petre Silegov responded to such accusations saying that the inquiry committee would continue its work once Nikola Gruevski and Zoran Stavrevski decide to publicly answer all questions, irrespective of their nature. 69 http://press24.mk/gruevski-narodot-jasno-gleda-se-i-znae-da-ceni-i-sudi 70 http://www.dw.com/mk/%D0%BC%D0%BD%D0%BE%D0%B3 %D1%83-%D0%B1%D0%BE%D0%BA%D1%81%D0%BE%D0%B2% D0%B8-%D0%B8-%D0%BC%D0%B0%D0%BB%D0%BA%D1%83- 71 http://fokus.mk/stavrevski-pred-anketnata-komisija-za-prislushuvan-eto/ %D0%B2%D0%B8%D0%B7%D0%B8%D0%B8-%D0%B2%D0%BE-%D0%B8%D 72 0%BD%D1%82%D0%B5%D1%80%D0%B2%D1%98%D1%83%D1%82%D0%BE- http://www.makdenes.org/content/article/27429429.html %D0%BD%D0%B0-%D0%B3%D1%80%D1%83%D0%B5%D0%B2%D1%81%D0%BA 73 http://plusinfo.mk/vest/52062/zaev-prvo-gruevski-da-bide-soslushan-javno-pa- %D0%B8/a-18911251 posle-jas

31 Twenty Sixth Accession Watch Report

5. Media reforms •• Fines should not be issued in relation to contents of news articles and stories. In setting fine amounts, due consideration should be made the After having reached an agreement and new ministers appointed to fine to be proportional to media outlet’s financial status. relevant line ministries, measures were needed to achieve better media freedom so that constituents would be able to obtain more realistic image •• As regards Macedonian Radio and Television (public service), it should in pre-election period, which had not been the practice thus far. In that re- be financed in an amount equal to 1% of the state budget, with full gard, EU mediator Peter Vanhoutte proposed package of systemic measures independence in terms of budget execution. Members of MRT’s Pro- for media reforms, including reforms targeting the Agency for Audio and gramme Council should be appointed in the same manner as members Audio-Visual Media Services (hereinafter: Media Agency). These proposals of the Council at the Media Agency. included: •• Campaigns of public interest should be broadcasted free-of-charge both •• Appointment of members in the Council at the Media Agency should be at the public broadcaster and commercial media outlets. VAT levied on conditioned with support from two non-governmental organizations or media outlets should be reduced from 18% to 5%. journalist associations or union of journalists or two relevant univer- sities. Then MPs should appoint members in the Council at the Media VMRO-DPMNE’s team left the negotiations, thus opening space in public Agency from the line of candidates fulfilling this requirement, by means for creation of dissonance about contents of this proposal. Namely, their of two-third majority vote. Term of office for council members should walkout was followed by series of meetings with stakeholders, primarily be set at five years, including right to reappointment, and should imply with the Association of Journalists in Republic of Macedonia (AJM) and the full-time employment contract. Macedonian Association of Journalists, in the aftermath of which Dragan Pavlovik–Latas accused Vanhoutte on several accounts: participation of the •• Competences currently entrusted with the Media Agency’s Director union of journalists, reducing tax levied and participation of CSO represen- should be transferred to the Council. The directorial position should tatives. After the meeting, EU mediator made brief statement saying: it is be transformed into executive office and holder thereof should be ap- time to grow up and stop playing political games.74 Such atmosphere was pointed and held accountable by the Council at the Media Agency. Term additionally heated with AJM’s request to have the Union of Journalists and of office for the Media Agency Director should also be set at five years, Media Workers and the Macedonian Media Institute involved in negotia- including right to reappointment. tions, which had been rejected by the opposition under the excuse that it is matter of interparty negotiations in the interest of protecting the public •• In cases of infringements committed by media outlets, proposed solu- and enabling truthful and objective media coverage, while DUI and VMRO- tions imply use of dialogue with representatives of concerned media DPMNE left the public shy of their response, leaving DPA the single politi- outlet, and if such infringements continue, to issue warnings for the cal party to have supported this proposal. Robert Popovski from SDSM and media outlet, whereas fines should be imposed after having exhausted previous two possibilities. 74 http://a1on.mk/wordpress/archives/556337

32 CHRONOLOGY OF EVENTS member of the working group tasked with media reforms announced that: Urumov. Silvana Boneva and Saso Srcev were appointed on nomination by “SDSM has always advocated for transparency throughout negotiations in VMRO-DPMNE. Violeta Duma and Igor Milev were appointed on nomina- working groups. Therefore, when we reach the final stage of negotiations, I tion by SDSM, Subhi Jakupi on nomination by DUI and Bedredin Ibraimi would ask for breaks every three to four hours, to be able to share with the on nomination by DPA. According to the Przino Agreement, this obligation public what is being negotiated. AJM was previously engaged in negotia- should have been fulfilled by 31st July 2015, but was actually checked as tions with the Government, but now we have to correct the laws they had completed on 16th December 2015, i.e. more than four months later. At the agreed or wanted to agree. Another issue is whether all political parties are same parliament session, Aleksandar Cicakovski was appointed president of transparent? SDSM advocates for long-term solutions guaranteeing media SEC and Redzep Prekopuca as deputy president. Ten days after appointment freedom, independence and de-politicization of regulatory bodies”.75 AJM’s of SEC members, chair of the parliamentary committee on appointments president Naser Selmani later accused SDSM of exerting pressure, stating and dismissals motioned a proposal to have Violeta Duma, SEC member that as long as he is member of AJM he would not allow this association to nominated by SDSM, dismissed on the grounds of fulfilling conditions for be part of political agreements to the detriment of journalists. age-mandated retirement. Nevertheless, the Parliament failed to secure qualified vote to have her dismissed. In the opinion of MPs from the ruling majority, complete establishment of SEC represented a sign that elections 6. New State Election Commission can take place on 24th April 2016,76 while the opposition insisted that serious preparations are needed for SEC to operate in full capacity, especially in On 16th November 2015, the Parliament of Republic of Macedonia an- relation to staffing and equipping SEC’s IT and legal sectors.77 nounced open call for appointment of members in the State Election Com- Establishment of the State Election Commission represented the first mission. The parliamentary committee on appointments and dismissals of many steps needed to hold fair and democratic elections. Next step established that as many as 52 candidates applied to the open call. Ap- and most important task of SEC implied revision of the voters list, which th th pointment of SEC members was pursued in the period 27 November–16 should enable technical organization of fair and democratic elections. On December 2015, but encountered its first barrier in appointment of three 30th December 2015, SEC drafted two rulebooks and presented them to experts that should be independent from political parties although, in para- VMRO-DPMNE and SDSM for alignment and comments. The first rulebook doxical twist of events, their appointment depended on the will of politi- concerned the methodology on keeping and updating the voters list, based cal parties. As many as 40 candidates applied for three expert vacancies at on checks and statistical analyses, cross-referencing against various data- th SEC. Disagreements concerning selection of experts finally ended on 15 bases and records, and unlimited field checks, while the second rulebook December 2015, when leaders of the four main political parties reached governed full access, changes and deletion of entries in the voters list as an agreement about these three disputable appointments. At its session part of the procedure on field checks to revise the voters list.78 held on 16th December 2016, the Parliament unanimously and without abstained and against votes elected all nine members of SEC. Expert members 76 appointed to SEC are Aleksandar Cicakovski, Redzep Prekopuca and Atanas http://www.dnevnik.mk/default.asp?ItemID=2AE51B1FC873C14B9BADB3A2C58D6A7C 77 http://fokus.mk/shilegov-samiot-izbor-na-chlenovi-na-dik-ne-znachi-nishto/ 78 http://www.telma.com.mk/vesti/dik-cheka-odgovor 75 http://meta.mk/sdsm-i-znm-vo-verbalna-vojna-okolu-pregovorite-za-mediumite/ 33 Twenty Sixth Accession Watch Report

According to deadlines, methodology on revising the voters list should •• Health Insurance Fund of the Republic of Macedonia; have been adopted by 10th December 2015, but SEC members were elected as late as 16th December 2015. Next round of turmoil relating to SEC and •• Employment Agency of the Republic of Macedonia; the voters list was caused by the statement of EU Commissioner Hahn during his visit to Macedonia saying that, after having talked with OSCE/ •• Central Register of the Republic of Macedonia; ODIHR representatives, he is convinced that fair, transparent, and democratic elections can take place.79 One day after Johannes Hahn issued this •• Pension and Disability Insurance Fund of the Republic of Mace- statement, SEC president Aleksandar Cicakovski made a public announce- donia; ment and confirmed that: “in technical terms, elections can be held on 24th April, but thorough revision of the voters list cannot happen in that •• Agency for Real Estate Cadastre of the Republic of Macedonia; timeframe“.80 According to Cicakovski, thorough cleaning of the voters list would necessitate three to four months of intensive work. Peter Vanhoutte, •• Directorate on General Records; mediator in negotiations among main political parties, agreed with this statement by SEC president and confirmed that holding credible and fair •• Public Revenue Office; elections is more important than the date of elections, meaning that the elections need to happen with fully revised voters list.81 •• Ministry of Agriculture (list of beneficiaries of agricultural subsidies); “The fact that the methodology is not adopted, together with lack of staff and equipment, are three main reasons behind the inability to have •• Ministry of Labour and Social Policy (list of beneficiaries of so- the voters list cleaned by 24th April, said yesterday the president of SEC cial allowance); Aleksandar Cicakovski”82 – TV Telma reported at that point in time. •• National Bank of the Republic of Macedonia. On 21st January 2016, SEC adopted its plan of operation, i.e. approved the procedure for use and processing of personal data in efforts to cross- After having adopted the methodology on revision of the voters list, check databases and records. According to this plan, they will use data- SEC should continue its activities related to cleaning of the voters list. bases disposed by ten institutions, those being: Nevertheless, political parties decided to first continue negotiations on finding solution to media problems, and only later determine meth- 83 79 http://vecer.mk/makedonija/shto-ne-e-jasno-han-integralno-izbori-soglasno- odology on revision of the voters list. dogovorot-od-przhino 80 http://tera.mk/dik-za-proverkata-na-izbirachkiot-spisok/ 81 Ibid. 82 http://www.telma.com.mk/vesti/pregovori-za-prechistuvanje-na-izbirachkiot-spisok 83 http://www.makdenes.mobi/a/27468634.html

34 CHRONOLOGY OF EVENTS

7. Implementation status of the Przino Agreement (by 31.12.2015)

Obligation anticipated under the Przino Agreement Deadline Status Date of completion Description On 15th July 2015, under strong international pressure, additional agreement Political parties to agree on the exact was reached concerning the composition of the caretaker government organization of the government 10.6.2015 COMPLETED 15.7.2015. (opposition members in government and new Prime Minister from VMRO- preparing the elections. DPMNE). Experts appointed to SEC are: Aleksandar Cicakovski, Redzep Prekopuca Revision and modification of SEC’s and Atanas Urumov. SEC members appointed by VMRO-DPMNE are Silvana 31.7.2015 COMPLETED 16.12.2015 composition. Boneva and Saso Srcev, SDSM appointed Violeta Duma and Igor Milev, DPA’s representative is Subhi Jakupi and DPA’s representative is Bedredin Ibraimi. The opposition to return to the 1.9.2015 COMPLETED 1.9.2015 The opposition returned to the Parliament within the anticipated deadline. Parliament. Implementation of this obligation is conditioned with fulfilment of other No future disclosure of materials from 15.7.2015 – Implementation of this COMPLETED obligations under the Przino Agreement and the organization of fair and intercepted communications. 24.4.2016 obligation is ongoing. democratic parliamentary elections. The Special Prosecution SDSM to hand over all wiretapped The special prosecutor took over more than 30 cases arising from wiretapped NOT Office established materials in its possession to the 1.9.2015. materials. There is insufficient public information about the scope of COMPLETED jurisdiction over around competent prosecution office. materials handed over to the Special Prosecution Office. 30 open cases. Increase competences of SEC for the The new Electoral Code was adopted and stipulated deadline of 15 days purpose of ensuring free and fair 30.9.2015 COMPLETED 9.11.2015 for election of new composition at SEC with 9 members. According to new elections with level playing field for competences, SEC is authorized to motion criminal and misdemeanour charges. all political parties. Appointment of new special prosecutor with full autonomy to The new special prosecutor Katica Janeva proposed a team of 14 prosecutors 15.9.2015 lead investigations into interception 15.9.2015 COMPLETED which was initially rejected by the Council of Public Prosecutors and later of communications, as well criminal downsized to 12 prosecutors and approved as late as 4th November 2015. offences arising therefrom. This parliamentary committee was established late, and the first report based on its work will be published in late January 2016. High officials from VMRO-DPMNE (Nikola Gruevski Zoran Stavrevski, Gordana Jankuloska, Mile Start of operation and first report of Janakieski, Martin Protoger and Saso Mijalkov) refused or failed to appear the parliamentary inquiry committee 15.11.2015 PARTIAL 11.11.2015 before this committee the first time they were summoned to testify. Prime (chaired by MP from SDSM) on Minister Gruevski appeared before the inquiry committee on postponed date interception of communications. and requested his testimony to be deposited without the public’s presence. This parliamentary committee is facing continuous procedural and essential barriers on the part of MPs from the ruling majority.

35 Twenty Sixth Accession Watch Report

Obligation anticipated under the Przino Agreement Deadline Status Date of completion Description The package of changes to the Electoral Code was adopted and included Facilitation of negotiations among section on media monitoring during election campaigning. EU mediator NEGOTIATIONS stakeholders to ensure greater media No deadline / Vanhoutte proposed solutions that were expressly rejected by VMRO-DPMNE. ARE UNDERWAY freedoms. Moreover, VMRO-DPMNE left the negotiations on 1st December 2015 due to Zoran Zaev’s statement and two days later returned to the negotiation table. New interior minister was appointed from the opposition (Oliver Spasovski), while the former minister (Mitko Cavkov) was appointed additional deputy Appointment of new Minister of 20.10.2015 COMPLETED 11.11.2015 minister nominated by VMRO-DPMNE. According to the Przino Agreement, Interior (nominated by SDSM) deputy ministers have the full right of review and veto in all legal, financial and personnel matters related to the organization of the elections.

Appointment of new Minister of New labour minister was appointed from the opposition (Frosina Remenski), Labour and Social Policy (nominated 20.10.2015 COMPLETED 11.11.2015 while the former minister (Dime Spasov) was appointed additional deputy by SDSM). minister nominated by VMRO-DPMNE.

Appointment of new Deputy Minister New additional deputy minister of finance was appointed on nomination by of Finance with the full right to veto 20.10.2015 COMPLETED 11.11.2015 SDSM (Kire Naumov). (nominated by SDSM). Appointment of new Deputy Minister of Agriculture, Forestry and Water New additional deputy minister of agriculture was appointed on nomination 20.10.2015 COMPLETED 11.11.2015 Economy with the full right to veto by SDSM (Ljupco Nikolovski). (nominated by SDSM). Appointment of new Deputy Minister of Information Society and 20.10.2015 New additional deputy minister of information society and administration was COMPLETED 11.11.2015 Administration with the full right to appointed on nomination by SDSM (Aleksandar Kiracovski). veto (nominated by SDSM). Submission of formal resignation by On 18th January 2016, the Parliament of Republic of Macedonia acknowledged the incumbent government to the 15.12.2015 COMPLETED 18.1.2016 the resignation of the incumbent government in the absence of the Parliament. opposition, because it requested postponement of the date for elections.

Appointment of new Prime Minister General Secretary of VMRO-DPMNE Emil Dimitriev was appointed new Prime 15.1.2016 COMPLETED 18.1.2016 nominated by VMRO-DPMNE. Minister.

Organization of fair and democratic 24.4.2016 / / / parliamentary elections.

36 CHRONOLOGY OF EVENTS

8. Implementation status of the Urgent Reform Priorities

√ Completed Х Not completed + - Partially Urgent Reform Priorities / No information 1. Interception of communications Ensure clearer separation of the mandates and regulations concerning interception of X The parliamentary committee on European affairs held a session on 1st February 2016 communications for criminal investigations, on the one hand, and for security purposes on the to discuss fulfilment of urgent reform priorities with a focus on the rule of law. At other. this session, interior minister in the caretaker government Oliver Spasovski announced that underway are efforts to draft new law on interception of communication that will Ensure appropriate training of staff at UBK, including on data protection, fundamental rights, X address shortcomings from the old law. Nevertheless, having in mind that by the cut- professional ethics and integrity. off date for this report the Parliament is scheduled to disband on 24th February 2016, it th Telecom providers to activate and divert signals to competent law enforcement agencies X is highly unlikely that this law could be passed in the Parliament by 25 February 2016. (Police, Customs Administration and Financial Police) or the security agencies (Security and Counterintelligence Service – UBK, Intelligence Agency and Ministry of Defence’s military and intelligence service) only upon prior receipt of relevant court order and only for the purposes of lawful interceptions. Regular convening of parliamentary oversight committees on interception of communications + - and on security and counterintelligence (with participation of all parties represented in the Parliament) for the purpose of ensuring parliamentary accountability.

2. Electoral reforms Finalize electoral reforms in line with OSCE/ODIHR and Venice Commission recommendations, + - Electoral reforms were incorporated in the last round of amendments to the Electoral including increasing the scope and possibilities to file complaints and appeals, ensuring Code adopted on 11th November 2015. Nevertheless, separation of the state and political sufficient separation between state and political party activities and ensuring bipartisan party is a process that will last and its implementation has not started yet. Notably, former approach of electoral bodies on all levels. Prime Minister of the Republic of Macedonia and current leader of VMRO-DPMNE Nikola Gruevski appears on all public events together with technical Prime Minister Emil Dimitriev. Audit of the voters’ list, in line with OSCE/ODIHR recommendations assessing the accuracy and + - Moreover, Nikola Gruevski chairs meetings of work groups from line ministries in the completeness of voter data, in particular as regards possible duplicate voters, voters registered capacity of VMRO-DPMNE’s leader. separately with ID card and passport details, and addresses with large numbers of registered voters. Identify areas of potential improvement in voter data accuracy. Revise and improve Methodology on updating the voters list was approved by all four political parties on 2nd accuracy of the voters list accordingly. February 2016. Next steps imply its adoption by SEC and initiation of activities to review the voters list.

37 Twenty Sixth Accession Watch Report

√ Completed Х Not completed + - Partially Urgent Reform Priorities / No information 3. Media •• Establish stringent rules on government advertising based on transparent, objective and non- Х Negotiations among the four political parties are “deadlocked” on the issue of media discriminatory criteria. reforms. Single changes that could be expected in the media sphere at this point in time depend on interparty negotiations, which are blocked on this matter. •• Ensure full transparency on government advertising (not only on the spending of public Х finances, but also on its recipients and contents). •• Develop mechanism for unpaid public service announcements of a true public interest Х character. •• Provide tangible evidence of ongoing policy, organizational, training and editorial reforms Х for the purpose of eliminating criticism addressed at the public broadcaster which have been made regularly in the past about its lack of political independence, lack of balanced reporting and inability to provide informative high-quality content. •• Address the main obstacle which journalists face in obtaining access to public information Х (failure of relevant bodies to respond at all to many requests for information, i.e. the unjustified overuse of the “classified” category for documents not of such nature). •• Reduction of the number of defamation cases reaching the courts to be achieved by: revising Х the legislation to remove “honour”, “dignity” and “offence” type cases, most of which are raised under the statutory definition of insult and which fall outside of the scope of defamation in the sense of Article 10 ECHR. •• Revise the procedural rules to exclude petty cases and instead increase the use of mediation Х to resolve these. •• Guarantee and enforce, at political level, the exercising of appropriate self-restraint by Х politicians and public officials not to resort to defamation actions, in line with ECtHR principles.

38 CHRONOLOGY OF EVENTS

√ Completed Х Not completed + - Partially Urgent Reform Priorities / No information 4. Ombudsman Office and Directorate on Personal Data Protection Ensure that the Ombudsman Office is awarded more funding as guaranteed by law, to work Х Ombudsman’s 2015 budget in the amount of 72.776 million MKD is now increased to 74,755 independently and effectively. million MKD for the year 2016, accounting for an insignificant increase of budget funds. Ensure that all public authorities, without exception, cooperate with the Ombudsman Office. / Directorate must immediately investigate and transparently report its conclusions, independent / of its findings. 5. Judiciary and prosecution Remove elements of the discipline and dismissal system for judges, which currently interfere with X The parliamentary committee on European affairs held a session on 1st February 2016 to judicial independence. discuss fulfilment of urgent reform priorities with a focus on the rule of law. At this session, Depoliticize the appointment and promotion of judges and prosecutors, in practice, not only X president of the Judicial Council explained that these reforms, especially those related to in theory, on the basis of transparent, objective and strictly merit-based criteria applied by the Judicial Council and independence of judges, have been long implemented in the laws transparent and open procedure. adopted in Republic of Macedonia, which clearly indicates the fact that it is necessary to have these rules applied in practice not only in theory. Major entrapment of such rhetoric Ensure publication of all court rulings within the clear deadlines imposed by law. Develop a track / concerns non-recognition of existing problems, which is certainly not conductive to record on overall length of proceedings, with special focus on “old cases”. resolution thereof. On the contrary, the problem must first be recognized and then move Put in place harmonized performance management system based on qualitative as well as X towards finding a solution thereto. quantitative standards, as basis for all career decisions. Ensure the professionalism of the Judicial Council, in particular with clear and foreseeable test for the application of the statutory requirement of “distinguished lawyer”. 6. De-politicisation of public administration Rigorous implementation of the new legal framework, Law on Administrative Servants and Х De-politicization of public administration and anticorruption policies and legislation have Law on Public Employees, fully observing the principles of transparency, merit and equitable fallen in the shadow of negotiations concerning fulfilment of conditions from the Przino representation. Agreement. This is confirmed by the fact that there is no public information about any activities taken in this respect. After the public learned that 185,000 people are employed Employment policies need to follow the principles of transparency, merit and equitable X in state administration bodies, the Ministry of Information Society and Administration representation in the public service through open procedures. There should be no further published the actual number of public administration employees, i.e. 128,253 civil servants, employments not respecting the rules. without employees at public enterprises.84 Impose a moratorium on implementation of the Law on Transformation of Temporary Positions √ into Permanent Contracts. Provide figures for the total number of public service employees in all government ministries, +- agencies and other bodies, broken down by sectors.

84 http://goo.gl/Yn6HJr 39 Twenty Sixth Accession Watch Report

√ Completed Х Not completed + - Partially Urgent Reform Priorities / No information 7. Anticorruption policies and legislation Establish credible track record on high level corruption, in particular ensuring that all law X De-politicization of public administration and anticorruption policies and legislation has enforcement and supervisory bodies have sufficient autonomy to act independently in line with fallen in the shadow of negotiations concerning fulfilment of conditions from the Przino the law (credibility of the current track record suffers from absence of a number of high-profile Agreement. This is confirmed by the fact that there is no public information about any cases from recent years). activities taken in this respect. Reinforce overall fight against corruption. / Improve scrutiny of conflict of interest and assets of elected and appointed officials by X establishing a central register of such officials. In cooperation with GRECO experts to establish new, comprehensive whistleblowing protection + - mechanism in line with latest Council of Europe recommendations and best European practices.

40 CHRONOLOGY OF EVENTS

2. “ID CARDS” AFFAIR VMRO-DPMNE presented its position on these developments through MP Antonio Milososki who stated that interior minister Oliver On 20th November 2015, weekly Fokus published85 that they have Spasovski is purposefully avoiding to take action and resolve this case, been presented with information according to which several hundreds adding that they are uncertain whether such inactivity on the part of of ID cards have been falsified on two secret locations - in Suto Orizari Spasovski is due to lack of institutional experience as politician or lack and in Stip. According to the source providing information to journalist of political will and ability to clarify this affair. Ljubisa Arsic from Fokus, 30,000 false ID cards had been manufactured and he was presented with 105 samples that he immediately handed over to the Ministry of Interior. Most of these ID cards had been manu- 1. Workshops for ID cards factured in pairs: have same photo, name and identity, but different addresses, which would mean that, most probably, they have been is- On 19th December 2015, the Basic Prosecution Office in Skopje, sued for the purpose of multiple balloting at elections. Furthermore, acting in the case related to false ID cards, identified two secret work- according to information Fokus obtained from its sources, printing of shops in Skopje where false documents had been manufactured and false ID cards relied on database maintained and kept at MOI, with ac- arrested three persons (Zahir Bekiri, Imer Bekiri and Adnian Suma). tive participation of police officials in this secret project. In its communication,87 this prosecution office stated: “It is matter of voluminous materials, equipment and apparatus used to manufac- In reaction to these events, new interior minister Oliver Spasovski ture false ID cards and other documents. Materials found had been participated in the debate show “360 Degrees”, broadcasted on TV Al- seized and are subject of further analysis and investigation“. sat-M, where he said: “This is one of the serious cases, one of the cases that must be urgently processed and resolved. It is true that weekly Five days after falsified materials were discovered, the prosecu- Fokus opened an issue related to falsification of ID cards. We know that tion office issued another press release announcing that workshop portion of wiretaps released as part of the project ‘Truth about Mace- for false documents has been found at the house of one of the sus- donia’ included so-called bombs revealing facts that falsification of ID pects and that materials seized from his computer included files of cards might have happened in Macedonia. The case reported to MOI wiretapped conversations. implied suspicion that ID cards have been falsified. True is also that journalist from Fokus came to MOI and met with the head of public “To date, ongoing investigative activities included series of insecurity, followed by series of meetings with inspectors at the depart- quiries and forensic expertise, as well as search of premises. During ment against organized crime”.86 searches at homes of person Z.B. and two other suspects, large number of templates and other items for personal documents were found. In particular, we found machines, presses and computer equipment 85 http://fokus.mk/fokus-express/30-000-lazhni-lichni-karti-za-pobeda-na-izbori/ 86 Debate show “360 Degrees” from 23.11.2015 87 http://novatv.mk/index.php?navig=8&cat=2&vest=26246

41 Twenty Sixth Accession Watch Report for manufacturing false documents and one computer which, accord- hit rock bottom, today it is clear they are scraping further down. This ing to statements, stored files with tens of thousands wiretapped must be fully investigated and all culprits must be held responsible conversations. Forensic expertise of wiretaps would necessitate two before the law. Any and all connections between this case and other to three months. Because of investigation’s sensitivity, we would not high-profile cases must be investigated. Investigation must be carried be able to share everything with the public” said Jovan Cvetanovski, out also into security aspects of this and other cases. Investigation deputy chief prosecutor at the Basic Prosecution Office in Skopje. must be carried out into the manner in which construed tapes and false documents made at the ‘Factory of Affairs’ ended up in neighbouring countries. Who trades with such materials?” 2. Spinning

After it was announced that three persons had been taken into cus- tody for the affair released in public by journalist Ljubisa Arsic from 3. “BOMBS” AND WHISTLEBLOWERS weekly Fokus, VMRO-DPMNE representatives and their media started spinning this story. First, media close to the government published photos88 of interior minister Oliver Spasovski in the company of one On 7th October 2015, when the electoral reform package was on of the suspects, Adnian Suma, and accused him of being in direct com- the negotiation table, MP from DUI Talat Dzaferi and MP from VMRO- munication with the first suspect in the affair discovered by the po- DPMNE Krsto Mukovski presented the Parliament with draft law on lice concerning falsification of ID cards and other documents. After prohibiting publication of “bombs” and protection of “whistleblow- it was announced that 70,000 wiretapped private conversations have ers”. Already the following day (8th October 2015), the law was with- been found with one suspect, VMRO-DPMNE accused about existence drawn from parliamentary procedure under strong pressure from in- of serious indications that SDSM had participated in fabrication of af- ternational community, opposition and civil society. fairs, indicating serious information and reasonable doubts that they have handed over illegally wiretapped conversations to notorious crim- New and improved law on “bombs” renamed Law on Protection inals.89 Cherry on top of these spins was Prime Minister’s statement:90 of Privacy was adopted late in the night on 6th November 2015, after “This is no longer politics. People of the country do not deserve this. long and tiresome negotiations among political parties and interna- Somebody is trying to kidnap the state and keep it hostage, but our tional representatives. It is anticipated for this law to govern only patience is wearing out. If several days ago we thought the opposition illegally wiretapped materials in the period 2008-2015 and therefore it does not stipulate sanctions in cases when already disclosed 88 http://vecer.mk/makedonija/spasovski-vo-direktna-komunikacija-so- conversations were used, something that was not clearly indicated osomnichenite-od-fabrikata-za-aferi under the previous version of this law. Prohibition of use concerns 89 http://plusinfo.mk/vest/52054/vmro-dpmne-sdsm-gi-dal-bombite-na-kriminalci only wiretaps of personal nature, with personal nature being defined 90 http://vlada.mk/node/11636 as disclosure of family or personal relationships, religious or ethnic

42 CHRONOLOGY OF EVENTS background, political affiliation or health status. At the same time, 4. PRZINO IN THE MEDIA threatened sanctions are increased for possible recording and distri- bution of private conversations and wiretaps, whereby persons com- Freedom of speech and right to information are part and parcel of any mitting these offences shall be liable to imprisonment sentence in democratic society. However, Macedonia is facing deep media crisis and duration of one to five years, with journalists and editors exempted is failing to pursue democratic practices, as it has been duly noted in the thereof, while the media they work for would be liable to misdemean- Priebe Report referring to the country’s dropped rank on the index de- our sanctions in the capacity of legal entities. Sanctions may also be veloped by Reporters without Borders, where the country holds the 123rd imposed to telephone operators facilitating interception of commu- position in the world and is designated as “partially free”. nications. In case their responsibility is established, they might be fined in the amount of 10 percent of their profits. Unlike other problems noted in different areas which had been addressed with precise deadlines for their resolution, media section from At the same time, agreement was reached about whistleblower the Przino Agreement contains vague and general formulations. This, law, officially titled as Law on Protection of Whistleblowers, provid- as it was later confirmed, opened space for “manipulation” in interpre- ing protection for collaborators of justice at state institutions and tations and delays in finding adequate solutions to the problems. private companies. In that, whistleblowers can be employees, vol- unteers, candidates for employment and volunteering and people In this regard, the Przino Agreement stipulates: “Between June and which, in any manner or form, have been engaged or have estab- end of August 2015, EU will facilitate cross-party dialogue (open to lished business relation with institutions or private companies that all main parties represented in the Parliament) to reach agreement on must have at least 10 employees. structural reform issues. This agreement, inter alia, shall include reforms that need to be taken in the areas related to Chapters 23 and Whistleblowers should report wrongdoings to their superiors, 24, representation in and independent functioning of relevant state and if their superiors fail to react they can report to relevant in- bodies, greater media freedom and full alignment with Venice Commis- stitutions and in the media as final resort, however only in cases sion’s opinions and recommendations.“ when superiors are implicated in wrongdoings to be reported, whistleblowers can skip this first instance of reporting. They may also The media, already distanced from professional practices in their directly contact the media, but only in cases of immediate dangers operation, continued “turning the deaf ear” to warnings made under or offences that might cause major damages. “Priebe” and “Przino”, whereby they should distance themselves from political parties and abstain from acting in service of politicians and political parties. Media reports on the Przino Agreement, which should serve as means to overcome the crisis, further confirmed statements that the media landscape in Macedonia is “neck-deep in trouble”.

43 Twenty Sixth Accession Watch Report

Basic tenets of journalism related to comprehensive and truthful Daily Dnevnik was not alone in this endeavour. In the manner reporting with facts, presentation of facts in non-tendentious manner of strictly conducted orchestra, governmental media immediately and leaving citizens filter information and draw own conclusions have launched a concerted campaign to represent negotiations as “defeat been “brought to their knees”. for the opposition”, with the ultimate goal of saving Prime Minister’s comfortable position and chair. Only one day after it was signed, the Przino Agreement had fallen victim to “lynch”. Daily Vecer92 was “first to learn” that Zaev has used half of his time and energy invested in negotiations to have court proceedings led Although there were clear and decisive recommendations on in- against him halted. tensity of information provided to the public after interparty meetings, i.e. no details should be published beyond those presented by EU “Despite all doings on the part of Zoran Zaev, there is no technical gov- Commissioner Hahn, the media engaged in frivolous interpretation and ernment; VMRO-DPMNE leads the government until elections; SDSM would selective reading of the agreement, going as far as reconstructing its not appoint ministers of finance, interior and justice, although they in- contents. tensely demanded these positions. In truth, the agreement does not stipulate change of the incumbent public prosecutor. Stipulation is made to An article published in daily Dnevnik one day after the agreement terminate one court procedure led against Zaev, which is his biggest per- was reached suggested termination of negotiations by opposition par- sonal gain, leaving SDSM emptyhanded. Elections will be held very soon, in ty SDSM (“SDSM Will Destroy What Has Been Agreed with Hahn”).91 This April, on the request of VMRO-DPMNE, and not in two years, as demanded article was based on sources indicated as “people knowledgeable about by SDSM” – read the article published in Vecer, which remained unsigned the meeting”, and even used phrases like “people from VMRO-DPMNE by an author, as is usually the case with many similar texts. unofficially claim”. Kanal 5, television station with national concession, joined these Such behaviour provides sufficient evidence that Hahn’s recom- “orchestrated shrieks” that the Przino Agreement resulted in “total disin- mendations had been broadly disregarded and that authors are in tegration of the opposition party”.93 breach of the basic tenets of journalism. This newspaper article pro- moted as “analysis” had been based on informants close to one party Void of credible and official information, but relying on Facebook in the negotiations, which violated pledges to secrecy about what is posts whose authors had not been asked for statement and without being negotiated. cross-checking the information, author of the news story broadcasted on

92 http://vecer.mk/makedonija/zaev-go-prodade-sdsm-za-da-se-spasi-sebe-od- 91 http://www.dnevnik.mk/default.asp?ItemID=ECAE526D0E8A4E45AFC1529B5384B sudenje 3FB 93 http://kanal5.com.mk/vesti_detail.asp?ID=74564

44 CHRONOLOGY OF EVENTS this media outlet inferred the conclusion that there is major dissatisfac- Old and proven tactics were used for that purpose. Media outlets tion within the opposition arising from the Przino Agreement, which had close to the government hid most important paragraphs from the agree- proved to be highly unfavourable for SDSM as political party. ment and stressed paraphernalia about the truth. Daily Vecer focused on agreement sections such as “interest of the country”, “commitment Nevertheless, “most vociferous” among trumpets performing “ode to Euro-Atlantic process and democratic principles”, “overcome the to glory for the government” was one text published on internet portal current crisis”, but failed to report95 about decisions concerning gov- Kurir,94 which did not only prematurely “end” the crisis (which should ernment reorganization and appointment of new ministers and deputy have been resolved after the agreement was brokered), but also attrib- ministers on nomination by opposition SDSM, including agreement on uted all merits thereof to Prime Minister Gruevski. the resignation date for the incumbent government.

“After having resolved the crisis yesterday by signing an agreement Internet portal Truth-Meter, referring to document drafted by the for organization of early elections on 24th April next year, today Prime Macedonian Centre for European Training, published the Macedonian Minister Gruevski visited construction site of the US-based company ‘Key translation of the document in its entirety,96 including paragraphs that Safety Systems’ in Kicevo, which will employ more than 1,000 people” – media close to the government decided to keep silent about. wrote this internet portal, as if the journalist were party activist tasked with praising and glorifying work of political leaders, instead of respecting basic tenets of journalism, especially those that imply unbiased and 2. Return of the opposition non-partisan reporting. Opposition MPs returned to the Parliament of Republic of Macedo- nia on 1st September 2015. However, instead of praising their gesture, 1. What was agreed with the Przino Agreement? which came after 15 months of parliament boycott and necessitated involvement of concerned political parties and international communi- One week after leaders Gruevski, Zaev, Taci and Ahmeti signed the ty, pro-governmental media welcomed opposition MPs with sharpened Przino Agreement, DUI decided to reveal its contents in public. knives.97

Again, the media created dissonance about what has been agreed by the four political leaders, under mediation from EU Commissioner Hahn, and enlisted in total of six paragraphs. 95 http://vecer.mk/makedonija/shto-sodrzhi-dogovorot-od-2-juni-potpishan-vo-eu- rezidencijata-vo-przhino 96 94 http://kurir.mk/makedonija/vesti/207165-Gruevski-vcera-ja-resi-krizata-denes- http://vistinomer.mk/shto-tochno-se-veli-vo-dogovorot-od-przhino/ vo-poseta-na-izgradba-na-amerikanskata-kompanija-KSS-vo-Kicevo-koja-ke- 97 http://sitel.com.mk/kurir-34-pratenici-od-sdsm-za-15-meseci-podelija-50- vraboti-nad-1000-lica milioni-denari-za-sedenje-doma

45 Twenty Sixth Accession Watch Report

Taking sides and biased journalism, false representation of events, A text published in weekly Republika lacked any relation to events, giving primacy to irrelevant facts and disqualification of political op- actors and timeline of events.99 Notably, this weekly magazine, also ponents replaced truthful, accurate, honest, unbiased and balanced published in internet format, hinged the entire article on single word reporting. uttered by leader of the opposition (by-product) on which it based the thesis that the opposition is afraid of elections. Instead of focusing on reasons behind the return of opposition MPs to the Parliament, i.e. the Przino Agreement, some media outlets em- Analysis printed in the said magazine opened with the sentence: phasized the amount of state funds paid to these MPs for “sitting at “After having received 15 monthly salaries, opposition MPs dragged home”. their feet to the Parliament”.100

TV Sitel covered Kurir’s reports that “34 MPs from SDSM shared For comparison purposes, body of the text published by Radio Free among them a total of 50 million MKD. After 15 months of sitting at Europe101 reported that SDSM-led opposition is returning to the Parlia- home and receiving monthly salary of 96,300 MKD monthly each, MPs ment to have the Przino Agreement implemented as means to over- from SDSM are returning to the Parliament”.98 come the crisis and to appoint special prosecutor by 15th September 2015, indicating that appointment of this prosecutor is important to Most certainly, reactions from SDSM to these articles were not pub- investigate indications arising from wiretapped materials. lished and the media continued “business as usual” by failing to explain reasons for the opposition’s return to the Parliament. 3. Against the appointment of Katica Janeva Large portion of the media found start of the school year more attractive and important, using it to promote and report about Prime Qualifying appointment of Katica Janeva as unlawful and type- Minister’s appearance in two school yards. casting the Special Prosecution Office as partisan institution, Marko Zvrlevski fired the starting pistol to announce marathon among pro- The public broadcaster attempted a pundit and reported on SDSM’s governmental media in disputing her appointment and discrediting her return to the Parliament with a tagline that reads: “What does DPMNE as individual and the institution she heads. think of SDSM’s return to the Parliament?” Public prosecutor Marko Zvrlevski abstained from public statements about the Law on Special Prosecution Office for almost one month, but

99 http://republika.mk/?p=475074 100 98 http://sitel.com.mk/kurir-34-pratenici-od-sdsm-za-15-meseci-podelija-50- http://republika.mk/?p=475680 milioni-denari-za-sedenje-doma 101 http://www.makdenes.org/content/article/27220655.html

46 CHRONOLOGY OF EVENTS his postponed demonstration of concerns coincided with publication Without much hesitation, one day after his appointment, internet of special prosecutor Katica Janeva’s detailed plan of operation. portals and all other media outlets close to the government attacked the new interior minister. In particular, Oliver Spasovski’s decision to His statement was followed by an avalanche of texts, articles and revoke all delegated authorizations was received by these media as “at- reports with identical headlines, taglines and contents, none of which tempt to block daily work at MOI”.104 had been signed by authors.102 In that, they applied the trusted “recipe” proved to be successful Almost all of them included identical wording to discredit the spe- times and times again to “satiate the blood-hungry public”. Spasovski cial prosecutor, raising concerns about Katica Janeva’s salary and SPO’s had been accused of having created chaos in daily operations at MOI budget, despite the fact that the Law on Special Prosecution Office and security services, with numerous portals and media emphasizing to clearly stipulates that special prosecutor’s salary shall be capped at readers that it is a matter of decision with catastrophic consequences 10% below salary entitled to the Public Prosecutor of Republic of Mace- of epic proportions, supporting their claims with opinions of unnamed donia. Problems were raised also in regard to premises needed by SPO legal experts and without obtaining and presenting MOI’s official posi- to perform its work.103 tion about the essence of this decision and how it would affect their operation.105

4. New ministers create chaos The media, which had failed to make single remark about track record of Gordana Jankuloska throughout her nine years in office, now As soon as new ministers assumed their offices, they were faced diligently attacked performance of the new interior minister who had with unprecedented persecution and complete degradation of their sat in this chair barely one week ago and which, according to them, was professionalism pursued by the media close to government, with ar- recently purchased at a hefty price. 106 ticles and reports abounding in speculations, half-truths and spins. Later, the ball was pushed in the court of the new labour minister. Again, in concerted effort, most media outlets announced almost identical texts that Frosina Remenski had abused her office three days after 102 (1) http://republika.mk/?p=495875 (2)http://press24.mk/nezakonska-odluka-i-haos-vo-vtoriot-den

(3) http://republika.mk/?p=515020 104 http://vecer.mk/makedonija/haos-vo-mvr-spasovski-vecherva-go-paralizirashe- (4) http://kurir.mk/makedonija/vesti/216719-SKANDAL-Megalomanstvo-i- ministerstvoto partizacija-kaj-Janeva-megu-obvinitelite-vrie 105 http://www.maxim.mk/teshka-nokj-za-policijata-otkako-spasovski-i-gi-odzema- 103 (1) http://vecer.mk/makedonija/shto-treba-da-se-napravi-za-katica-da-se-zadovoli ovlastuvanjata (2) http://vecer.mk/makedonija/neustavno-obvinitelite-si-ja-proglasija-katica-za- 106 http://kurir.mk/makedonija/politika/spasovski-i-sdsm-edno-zboruvaat-vo- gazdarica opozitsija-a-drugo-koga-se-na-pozitsija/

47 Twenty Sixth Accession Watch Report coming into power. Again, these reports did not include reactions from cording to him: “2015 budget, which had been praised by the Minister the concerned party, i.e. statements of the new labour minister were of Finance, will create new 50,000 poor families, will further indebt the not covered by the media that attacked her.107 state, whereas the public debt - which is already unsustainable – would rise to around 60% of GDP. In reality, this budget is beneficial only to Kire Naumov also found himself in clinch with the media, as he was oligarchs and Gruevski“.111 appointed additional deputy-minister of finance in compliance with the Przino Agreement, for the purpose of ensuring certain control over pre-election borrowing and spending by authorities. He acted in com- 5. Media about the media pliance with legal rights assigned to his office and disapproved new borrowing on the domestic market in the amount of 100 million EUR.108 Large portion of changes made to the Electoral Code, agreed by po- SEC revoked his veto because, in their opinion, the contested borrow- litical leaders as part of the Przino Agreement, concerned the media, ing would not affect the election process. i.e. media coverage of the election process.

Internet portal Republika, using carefully crafted words, reported Regulations concerning media coverage of political parties, intro- only about the fact that Naumov’s veto threatened payment of salaries, duction of control over electronic media (internet portals), changes to pensions, social transfers and implementation of capital investments. duration of political advertising, prohibition of free political represen- Here it should be noted that this portal, throughout this text, did not tation, supervision by the Agency for Audio and Audio-Visual Media use words such as “borrowing”, but rather referred to this action as Services, were just some of the solutions that have been indirectly of- “auction of state security bonds”.109 TV 24Vesti aired the full interview fered and could have facilitated resolution of “the media crisis”.112 with deputy minister Naumov, including his position that if Macedonia did not borrow money from capital markets, the state budget would crush down.110 Less than a dozen media reported on Naumov’s statements, explaining reasons why he decided to use his right to veto. Ac- 111 http://makborba.mk/index.php/%D0%BC%D0%B0%D0%BA%D0%B 5%D0%B4%D0%BE%D0%BD%D0%B8%D1%98%D0%B0/item/6791- 107 http://reporter.mk/2015/11/18/%D0%BE%D1%82%D0%B2%D0%BE%D1%80%D0%B %D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-%D0%BD%D0%B0%D1%83%D0%BC 5%D0%BD%D0%B0-%D0%B2%D0%BE%D1%98%D0%BD%D0%B0-%D0%BD%D0%B0- %D0%BE%D0%B2-%D0%B1%D1%83%D1%9F%D0%B5%D1%82%D0%BE%D1%82- %D1%80%D0%B5%D0%BB%D0%B0%D1%86%D0%B8%D1%98%D0%B0-%D1%80%D0 %D0%B5-%D0%B7%D0%B0-%D0%BC%D0%B0%D0%BB%D0%B0%D1%82%D0%B0- %B5%D0%BC%D0%B5%D0%BD%D1%81%D0%BA%D0%B8-%D1%81/ %D0%B3%D1%80%D1%83%D0%BF%D0%B0-%D0%BE%D0%BB%D0%B8%D0%B3 108 %D0%B0%D1%80%D1%81%D0%B8-%D0%BE%D0%BA%D0%BE%D0%BB%D1%83- http://plusinfo.mk/vest/49079/kire-naumov-stavil-veto-na-novo-zadolzuvanje- %D0%B3%D1%80%D1%83%D0%B5%D0%B2%D1%81%D0%BA%D0%B8,-%D0%B0- od-100-milioni-evra %D0%BD%D0%B5-%D0%B7%D0%B0-%D0%B3%D1%80%D0%B0%D1%93%D0%B0%D 109 http://republika.mk/?p=522145 0%BD%D0%B8%D1%82%D0%B5 110 http://www.24vesti.mk/intervju-so-kire-naumov-bez-evroobvrznicata-kje- 112 http://proverkanafakti.mk/obvrski-na-mediumite-spored-novite-izmeni-vo- krahirashe-budzetot izborniot-zakonik/

48 CHRONOLOGY OF EVENTS

Benchmarks enlisted as remarks in the Priebe Report, and the Przino In doing so, SDSM made itself a sitting target. VMRO-DPMNE aban- Agreement alike, contain overly vague formulations and are not accompa- doned interparty negotiations, while the media threatened with boycotts, nied with relevant deadlines. indicating they will not broadcast news programme.

Process to address the media crisis did not start with negotiations, but Sooner than later, pro-governmental media focused on marketing in- rather consultations with stakeholders (journalists associations, the Media formation according to which SDSM’s proposal for media reforms implied Agency, media experts, etc.). their nomination for three members in the Council at the Media Agency, including nomination for the Media Agency’s Director, which should be ap- Problems in the media gained intensity after the protests of Associa- pointed by the Parliament. Although such proposal has never been made tion of Journalists (AJM), Union of Journalists and Media Workers (UJMW) public nor an official document had been published containing these and Macedonian Media Institute (MMI) organized on 26th November 2015 suggestions, four main television outlets with national concession (Alfa, in front of the Club of MPs demanding to be involved in negotiations tak- Kanal 5, Sitel and Alsat-M) issued joint press release and protested against ing place in working groups comprised of representatives from signatory SDSM’s idea which, in their opinion, leads to full-fledged media censorship. parties to the Przino Agreement. “[…] they requested meeting with ambassadors participating in the In that, these media associations confronted the opposition. negotiations. Moreover, editors at these media requested suspension of media reform negotiations, as long as SDSM’s leadership is in office.”114 According to AJM, this association had sustained pressure from VMRO- DPMNE for five years and they would sustain pressure from SDSM as well. Representatives from most affected media outlets (being also most According to SDSM, these associations had sufficient time to “clean up the criticized for media imbalance) sat on the same table. This happened as mess”, but are now transferring this burden to the opposition to correct part of debate programme organized and aired on the public service and laws that AJM agreed or wished to agree with the Government. mediated by editor-in-chief of news programme at this media outlet Goran Petrevski. Debate participants included: Dime Ratajkovski, director of MRT; Zaev’s statement added fuel to this debate: “At this moment, SDSM and Lidija Bogatinova, editor-in-chief at TV Kanal 5; Dragan Pavlovik – Latas I are of the standing that opposition’s biggest political enemies are media from TV Sitel, and first person at political editorial on TV Alfa, Kole Casule. such as TV Sitel, TV Kanal 5, TV Alfa, daily Dnevnik and MRT. These media outlets are, inter alia, financed with money from citizens, my and your mon- “Main problem of the debate organized around the topic Four Most ey, money from opposition citizens and government supporters”.113 Viewed TV Stations and the Most Influential Daily Newspaper Are Political Enemies to SDSM is found in the title itself – which is an attempt to debate overall degradation of the media and the lowest rate of freedom in this 113 http://netpress.com.mk/nova-skandalozna-izjava-na-zaev-za-nas-kako-opozicija- pogolem-politicki-neprijatel-se-mediumite/ 114 http://novatv.mk/index.php?navig=8&cat=2&vest=25920

49 Twenty Sixth Accession Watch Report profession through what has been said at the press conference when the Instead of finding solution, the media entered an even deeper crisis.120 opposition leader indicated he perceives certain number of media as his political enemies!” – read the analysis posted on website Fact-Checking.115 According to the Przino Agreement, attainment of media freedom is defined as guarantee of level playing field for participants in forthcoming Kurir accused SDSM116 of attempting “brutal partisation of the media”, elections and balanced reporting of their activities to citizens, i.e. constit- while relying on columns written by MP from the ruling party Vlatko Gjorcev uency. Media reforms should have been completed by end of August last saying that the opposition offered piece of legislation that even Member year, but interparty talks on these reforms started in October 2015 and were States are not enforcing,117 without even attempting to secure balance in deadlocked in late November 2015. The same situation continued in late statements covered and without consulting the opposition. December 2015.121

Rarely did any media outlet cover statement of Robert Popovski, Disagreement among political parties and journalist associations pre- president of SDSM’s working group in interparty negotiations on media vented any progress from the status quo in terms of two major structural reforms,118 as part of which he identified the problem, inter alia, in media changes: reforms at the Media Agency (main regulatory body for television “couriers” panicking about loss of power and regulation of affairs in the and radio broadcasters, and printed media) and structural changes at the media sphere. public broadcaster MRT. In absence of such changes, it cannot be said that conditions for holding free and fair elections are fulfilled. Statements from the opposition that government’s reaction is late and pursued for the single purpose of delaying negotiations went by unreport- In the midst of negotiations, director of the Media Agency Zoran Tra- ed in mainstream media. 119 jcevski identified “exit route” from the situation with Dunja Mijatovik, OSCE Representative on Media Freedoms. According to an article published on Lib- Exactly this type of media reports on the Media Law underlines urgent ertas, Trajcevski had scandalously begged Mijatovik to interfere in interparty need for its fast adoption and implementation! negotiations in Macedonia and claim that media reforms are not needed.122

As made obvious from Trajcevski’s letter to Mijatovik, he had made subtle attempt to force OSCE into making a statement that reforms are not necessary, referring to their position and participation in legal changes from 2013. 115 http://proverkanafakti.mk/atmosferata-na-farma-prenesena-vo-studioto-na- mrtv-002/ 120 116 http://kurir.mk/makedonija/politika/dvolichnosta-na-sdsm-ushte-ednash-na- http://meta.mk/hronologija-kako-namesto-reshenie-dobivme-kriza-vo- videlina/ pregovorite-za-mediumite/ 121 117 http://kurir.mk/kolumni/tsenzura-i-diktatura-na-tsrvenite-kmeri-od-sdsm/ http://a1on.mk/wordpress/archives/562128 122 118 http://meta.mk/popovski-rezultatot-ke-pokazhe-koj-bil-za-demokratija/ http://www.libertas.mk/%D1%81%D0%BA%D0%B0%D0%BD% 119 D0%B4%D0%B0%D0%BB%D0%BE%D0%B7%D0%BD%D0%BE- http://novatv.mk/index.php?navig=8&cat=2&vest=25948 %D0%B7%D0%BE%D1%80%D0%B0%D0%BD-%D1%82%D1%80%D0%B0%D1 %98%D1%87%D0%B5%D0%B2%D1%81%D0%BA%D0%B8-%D1%98%D0%B0- 50 %D0%BC%D0%BE%D0%BB%D0%B5/ CHRONOLOGY OF EVENTS

According to this letter, Trajcevski indirectly defames the opposition for the Media Agency should be appointed by means of two-third majority vote its proposals (attaching them to his letter), although said proposals implied in the Parliament, on nomination by journalist and other non-governmental reforms at the Media Agency, most probably affecting Trajcevski and his associations profiled in this field, the public broadcaster should be financed managerial position.123 with state budget funds in amount of 1% and should be restricted to air only advertisements of public interest.126 Last round of negotiations (also covered by this report) again proved that media discussions “are running in the spot”. Media regulation proposals put forward by the ruling VMRO-DPMNE were assessed as unacceptable by the journalist guild, and they should not be dis- Internet portal NovaTV reported that negotiations have reached “critical cussed because they imply party solutions that would not bring any benefits point” after the last working meeting focused on talks about media reforms to the media community, let alone media rights and freedoms, and would and the voters list.124 certainly not bring information to citizens voting on elections.

Internet portal Telegraf, on the other hand, published an article titled President of the Union of Journalists Tamara Causidis qualified VMRO- “Elections Are Certain: Media Talks Hit Dead End, SDSM Backs Down on the DPMNE’s media proposals as censorship brutality.127 Voters List”. According to this internet newspaper, SDSM demanded completely new law and full control over media during elections.125 Proposals put on negotiation table by representatives of VMRO-DPMNE were in stark contrast to recommendations put forward in the Priebe Report, VMRO-DPMNE had suggested, 100 days before the elections, all media especially those concerning government advertising, which has been identi- outlets to have two editors-in-chief, nominated by government and opposi- fied as means to bribe the media.128 tion each, with duration of news coverage established according to number of votes each political party won on the last elections. An array of analysts warned that resolution of this problem would necessitate “Sisyphean effort” because “current government’s survival and SDSM found these proposals nonsensical and backed up the proposal sustenance of the managed democracy system, i.e. authoritarian regime in of mediator Peter Vanhoutte, which had been straightforwardly rejected by Macedonia, heavily depends on the media poisoning the public with ma- VMRO-DPMNE on the grounds that such law is not enforced by any European nipulations and untruths”.129 country. According to this proposal on media de-politicization, members of

126 123 http://fokus.mk/vmro-predlaga-dvajtsa-urednitsi-na-mtv-i-pristap-do-vestite- http://www.libertas.mk/%D1%82%D1%80%D0%B0%D1%98%D1%87%D0%B5 spored-izbornite-rezultati/ %D0%B2%D1%81%D0%BA%D0%B8-%D1%80%D0%B5%D0%B0%D0%B3%D0% 127 B8%D1%80%D0%B0%D1%88%D0%B5-%D0%B8-%D0%BF%D0%BE%D1%82%- http://novatv.mk/index.php?navig=8&vest=26893&cat=2 D0%B2%D1%80%D0%B4%D0%B8-%D0%B4%D0%B5%D0%BA%D0%B0-%D0%B1/ 128 http://novatv.mk/index.php?navig=8&cat=2&vest=26905 124 http://novatv.mk/index.php?navig=8&cat=2&vest=26880 129 http://proverkanafakti.mk/vreme-e-za-hrabri-i-nestandardni-mediumski-politiki- 125 http://www.telegraf.mk/aktuelno/makedonija/339553-izborite-s%D1%90- vo-borba-protiv-propagandata/ poizvesni-za-mediumite-do-nigde-sdsm-popusta-za-spisokot 51 Twenty Sixth Accession Watch Report

6. State advertising TOTAL AMOUNT PAID

In the last ten years, during the rule of VMRO-DPMNE, the state and 2% 1% party have become biggest advertisers in the media.

Pushing out big companies and corporations, both domestic (Sko- pje Brewery) and global (Procter & Gamble), that for a long time were TV Sitel considered biggest advertisers, the media were turned into a bulletin board of the government. This information, most certainly, raises TV Alfa doubts about possible influence on certain media outlets. 29% 38% TV Kanal 5 What had once been considered serious doubt was confirmed with TV Alsat-M released wiretapped conversations: party and government advertise- TV Telma ments, pumping money into the media, is an excellent tool to exert pressure and corrupt top management at the media. 30% In the midst of negotiations, the opposition revealed documents according to which, only in the last three years, TV Sitel, TV Kanal 5 and TV Alfa were recipients of 13 million EUR.

TV Sitel was awarded more than 5 million EUR. TV Kanal 5 banked almost 4 million EUR, while Gruevski’s government injected more than Concerns were raised by information that on 11th May 2015, only 4 million EUR to TV Alfa! three days after Kumanovo events, more than 2,600,000 EUR settled on accounts of above-referred televisions: Sitel, Kanal 5 and Alfa.131 In comparison, in the same period of three years, the government transferred around 200,000 EUR for advertisements to TV Alsat-M, and According to the opposition, this is sufficient proof that now for- 160,000 EUR to TV Telma, accounting for 35 times less funds compared mer Prime Minister Nikola Gruevski corrupted TV Sitel, TV Kanal 5 and to amounts transferred to the three televisions referred above.130 TV Alfa with people’s money and that such practices provide sufficient evidence about reasons why Gruevski does not want to reach agreement on objective media.

130 http://novatv.mk/index.php?navig=8&cat=2&vest=27012 131 http://novatv.mk/index.php?navig=8&cat=2&vest=27036

52 CHRONOLOGY OF EVENTS

Intended as model of “liberating the media from party grips”, the Overview of government and local government projects broadcasted on televisions with national concession, for the period October - December 2014 (in EUR) ruling VMRO-DPMNE proposed a draft law on information and advertis- Source: AJM ing campaigns of public institutions.

In the opinion of political analysist Saso Ordanovski, the proposed 24 Vesti; Telma; law reflects governing establishment’s need to legalize its political in- 138.769 88.382 fluence on editorial policies at private media in Republic of Macedonia.

Similar position was upheld by president of AJM Naser Selmani who said that government plans, by using public funds, to legalize, expand MTV1 / MTV2; and upgrade corruption in the media, as well as to control them and 447.455.00 intercept any criticism. Accordingly, the media should disregard citizens, public interest and democracy, and serve as bulletin board with parasails for government policies.132 Kanal 5; Alsat-M; 1.415.470.00 472.066.00

Sitel; 1.074.480.00 Alfa; 1.408.698.00

132 http://proverkanafakti.mk/zakonot-za-reklamiranje-vo-mediumite-e-nepotreben- i-shteten-002/

53 Twenty Sixth Accession Watch Report

7. Tirade against the mediator Belgium-born mediator Peter Vanhoutte had the pleasure of witnessing first-hand non-respect for most important tenets of journalism, Brussel-mandated Peter Vanhoutte is diplomat without official dip- such as asking affected party to comment. In order to reduce the role lomatic functions; diplomat that intends to cancel the Macedonian state, played by Vanhoutte as mediator in interparty negotiations, he was ac- tumble down VMRO-DPMNE and Nikola Gruevski, and directly undermine cused of being “paid enormous amount of money by the EU to ensure key institutions in Macedonia; Vanhoutte wants to revoke jurisdiction of his unbiased position in negotiations.”135 the Constitutional Court and the Public Prosecution Office, revoke the right to decision and opinion of the Parliament, revoke the right to privacy and TV Alfa, which had been directly indicated in the EC’s Progress Re- prohibition for wiretapping and publication thereof; and the list goes on.133 port as one of the four TV outlets using all and any opportunity to support the government and attack the opposition, did not spare efforts Reading and watching the media in Macedonia provides an impression to attack the mediator as well. One of numerous stories aired in prime- that Vanhoutte signed the Przino Agreement all by his lonesomeness; that time news programmes at this television, by twisting and spinning his he singlehandedly and directly instructed the special prosecutor; and that statement about new media law where he strongly advised against he agreed deadlines to his personal liking. In that, authors of these dis- copy-pasting laws from other countries and reiterated that solutions putable texts, accidentally or purposefully, forgot to mention that Katica should be adapted to the context in Macedonia, placed information Janeva was nominated as special prosecutor on agreement among all main that mediator Peter Vanhoutte had offended the Macedonian people political parties, and that she was appointed to this office by MPs without a and had sent message that Macedonia does not have European mental- single vote casted against (not at Vanhoutte’s frivolous whim). ity and therefore cannot have European laws.136

Mocking remarks about the mediator in negotiations between VMRO- “Who needs dictatorship law, except for SDSM and Vanhoutte? Media DPMNE and SDSM to resolve the political crisis has gone as far as discredit- outlets most certainly not” – read the tagline of this news story. ing him with use of unbefitting comments based on private and informal photos posted on social networks profiles of third parties not related to this “Scandalous Statement by Vanhoutte: Stop Bullsh***ing.” Only process.134 thing more scandalous that this title published on internet portal Press24137 is text below it, abounding in unbefitting and insulting vo- “Although Vanhoutte has back-to-back activities in Macedonia, he still finds cabulary, which can be filed under most bitter articles in the battle to time to take photos with young female members of SDSM who, by the way, undermine “opponents” and glorify government work. show great interest in him.”

135 133 http://vecer.mk/makedonija/belgiecot-vanhut-denes-gi-ukina-drzhavata-i- http://press24.mk/so-shto-e-platena-pristrasnosta-na-vanhaute ustavnite-institucii-toj-e-carot-leopold 136 http://www.alfa.mk/News.aspx?id=102591#.VnKriUorLct 134 http://netpress.com.mk/foto-dali-vanhoute-prerasnuva-vo-vistinski-idol-vo-sdsm/ 137 http://www.press24.mk/skandalozna-izjava-na-van-haute-prestanete-da-serte

54 CHRONOLOGY OF EVENTS

Although the text itself does not refer to any sources of informa- people talk and listen to each other, irrespective of their background, in tion to convince readers that such “incident” had indeed taken place short - a country that follows European values”.139 during negotiations, this portal reports that Vanhoutte had not only used profanities and unbecoming vocabulary, but that he had yelled This emotional speech delivered by Peter Vanhoutte at start of his and threatened women throughout interparty negotiations, and the meeting with representatives from main political parties, whereby he opposition remained silent to these outbursts. demanded greater responsibility and maturity from politicians, was not interesting for large number of media and was reported only by Fokus, Even handful of media outlets critically observing the government Libertas and Kapital. and its performance reported that Vanhoutte is persistently haunted by media campaigns aimed at tarnishing and discrediting his repu- Later, Vanhoutte made several steps thus enticing “wrath” of the tation, by means of which he became serious “competitor” to former ruling party and its media supporters. EU Ambassador Erwan Fouere, who had fallen victim of media’s stellar achievements in “tittle-tattle” journalism.138 First, the mediator stood in front of journalists with piece of pa- per on which it was written “Word is a word” in Macedonian language Although initially it seemed that Vanhoutte had won over most of and openly said: “One of the biggest parties does not respect the given the media, U-turn in this relationship was his speech wherein he dem- word, does not respect any deadline and does not respect the Przino onstrated to government and opposition alike, including the media, he Agreement”.140 does not plan to remain distanced diplomat indifferently observing the process. Immediately afterwards, information leaked in public that former chief of secret services Saso Mijalkov, without being properly invited, joined ne- “Politicians, media representatives, members of the civil society – you gotiations and that Vanhoutte allegedly had not allowed such behaviour, are in the heart of democracy. You hold responsibility to make it true making Mijalkov, scorned and insulted, to leave negotiations.141 democracy: democracy where citizens respect each other, where it is allowed to have different opinion. Tonight, when you return home, you Media outlets considered to be close to the government immedi- should all be in position to hug your loved ones, to look your children or ately retaliated with headlines such as “Vanhoutte’s taximeter is run- grandchildren in their eyes and say: today I followed my conscience, I did ning 900 EUR a day!”142 not succumb to pressure, I did not accept bribe, I helped in building your future, the future where you do not need to leave the country in search of 139 http://kapital.mk/van-houte-bara-od-politicharite-da-sozdadat-vistinska- decent work, the future where people respect each other, country where demokratija-za-mladite-da-ne-ja-baraat-idninata-vo-stranstvo/ 140 http://www.vest.mk/?ItemID=C15EB3393BA7B846AF4089EE18FA04F8 141 138 http://proverkanafakti.mk/otvorena-sezonata-za-otstrel-na-olesnuvachot- http://daily.mk/makedonija/mijalkov-navredil-oti-vanhoute-mu-razvikal vanhaute/ 142 http://press24.mk/so-shto-e-platena-pristrasnosta-na-vanhaute

55 Twenty Sixth Accession Watch Report

8. Opposition leader on TV Kanal 5 tion’s leader to explain what she had insinuated with her “casual” remark and in aftermath of her “professional suicide”, as dubbed on social media, Interview of opposition leader Zoran Zaev for TV Kanal 5 will enter refused to clarify her statement to media outlets addressing her with history of media in Republic of Macedonia.143 questions about her behaviour and attitude.146

After almost a decade, this television station, whose owner featured Day after day, pro-governmental media were underpinning facts that in wiretaps released by the opposition declaring his preparedness to Zoran Zaev used this interview to tarnish and stigmatize media, replay- faithfully serve Gruevski and the family and even cut electricity at his ing the portion of his interview where he said: “Again, I must say that, television when needed, gathered courage to invite the opposition lead- as media outlet, you behave like much greater political enemy than our er for an on-air interview as part of prime-time news programme.144 actual political enemy - VMRO-DPMNE”.147 Curiously enough, multitude of articles and stories, published in several different media outlets, fea- Within 24 hours, this video marked a record-breaking 30,000 views tured identical titles and contents in desperate attempt to implant the- triggering avalanche of reactions on social networks. Editor-in-chief at ses about citizens’ mocking perception of Zaev’s interview.148 this television Lidija Bogatinova was accused of conducting this interview in unprofessional and biased manner and of failing to adhere to ba- Although it still remains unclear who and to whom did or did not “or- sic standards of journalism. In support of such claims, news internet por- der” to appear in on-air interview,149 media analysists commented this as tals published compilation of videos allowing comparison of interviews attempt of the government to demonstrate media freedom at the time of aired at TV Kanal 5 with SDSM’s leader Zoran Zaev and VMRO-DPMNE’s intensive negotiations on media reforms that are enlisted as conditions leader and Prime Minster Gruevski. In that, Prime Minister’s interview under the Przino Agreement, thus representing miracles such as Zaev’s featured appraisals, affirmations and included four questions, none of appearance on television stations close to the government.150 which tackled government-related affairs. On the contrary, Zaev’s interview included 16 questions and vague accusation that SDSM’s leader had been forced to appear on TV Kanal 5.145

Accusation made by the editor whereby Zaev had been ordered to 146 http://novatv.mk/index.php?navig=8&cat=18&vest=26667 feature in prime-time news programme at TV Kanal 5 caused additional 147 http://vistina.mk/?p=304996 storm of reactions. More specifically, the journalist did not allow opposi- 148 http://sitel.com.mk/intervjuto-na-zaev-za-kanal-5-dochekano-so-smeenje-i- vicevi-po-socijalnite-mrezhi http://kurir.mk/dev/?p=20963 143 http://proverkanafakti.mk/propagandata-nasproti-novinarstvoto-kanal-5- http://netpress.com.mk/201015-2/ samoubistvo-vo-devettata-minuta/ 149 http://brif.mk/?p=197518 144 https://www.youtube.com/watch?v=deCTommzMDM 150 http://www.utrinski.mk/default.asp?ItemID=F9B5A74B813A7341AF6DDA2F484BE 145 http://a1on.mk/wordpress/archives/570196 AEA

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5. ROLE OF THE INTERNATIONAL tiations have conspiracy background, i.e. conspiracy is being designed to COMMUNITY annul Republic of Macedonia, and that neither negotiations nor an agreement is needed. One of them regularly encouraged violence against sev- Negotiations taking place among leaders of four main political parties: eral opposition-oriented analysts, journalists and columnists, indicating Ali Ahmeti (DUI), Zoran Zaev (SDSM), Nikola Gruevski (VMRO-DPMNE) and them by name and surname and that they should be buried in 10-meter Menduh Taci (DPA), were monitored and facilitated by the international ditch, covered with concrete slab.151 community, including EU Ambassador Aivo Orav and US Ambassador Jess Bailey. Agreement on non-violence was the outcome from the third meet- Several CSOs and civic movements requested to be involved in nego- ing (14th May 2015), followed by several-day break in talks due to previ- tiations between party leaders in capacity of supervisory and/or advisory ously announced rallies organized by SDSM (17th May) and by VMRO-DPMNE body, with a view to increase citizens’ role in decision-making about politi- (18th May). Declarative effort was demonstrate by President of State Gjorge cal future of the state, as well as to ensure greater sustainability of deci- Ivanov to host interparty negotiations at his residence; however, two fol- sions taken in presence of civil society representatives. low-up meetings continued to take place on invitation from Commissioner Johannes Hahn and were ultimately transferred to premises at the Club Commissioner Johannes Hahn played a key role in bringing Nikola of MPs under intensified dynamic until 2nd June 2015 when party leaders Gruevski and Zoran Zaev on the table and engaging them in dialogue, es- endorsed the draft agreement. pecially having in mind that neither the President of State, nor Ali Ah- meti and Menduh Taci, emerged as key actors in negotiations. After SDSM In parallel to negotiations, SDSM continued to publish compromising released wiretaps where officials from DPA and DUI pledge their faithful- wiretapped conversations that undoubtedly suggested criminal offences ness to death to chief of secret services Saso Mijalkov, their public cred- of unprecedented scope. The camp called “Citizens for Macedonia” located ibility was shaken, resulting in their minor role in negotiations, and later in in front of government’s building and the counter camp in front of parlia- implementation of what has been agreed, which we are witnessing nowa- ment’s building, both erected after respective rallies, served as political days. On several occasions, Commissioner Hahn reiterated that achieve- points and hosted various events. According to its inhabitants, the camp ment of any agreement to overcome the political crisis necessitates both supporting government stances had been erected because of their belief sides to demonstrate preparedness to make concessions and willingness to that SDSM works to crush and destroy the state, while the camp supporting implement what has been agreed. In their respective public appearances, opposition stances demanded political responsibility from VMRO-DPMNE Commissioner Hahn and MEPs Ivo Vajgl, Eduard Kukan and Richard Howitt as governing party. Both camps were disbanded after the Przino Agree- repeatedly called for interparty dialogue and mutual trust, restoration of ment was signed on 15th July 2015. public confidence in state institutions and political responsibility for any and all politicians implicated or having committed unlawful actions. Negotiations continued in tense atmosphere that was primarily result of the fact that group of public figures were touring municipalities across 151 http://fokus.mk/milenko-site-tie-predavnitsi-da-se-zakopaat-dlaboko-i-vrz-niv-da-se- the country and organized public debates to send messages that nego- stavi-betonska-plocha-za-vek-e-da-nemaat-nikakvo-vlijanie-vrz-ova-shto-se-sluchuva/

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Once the Przino Agreement was broadly distributed in public, Pe- Stabilization and Association Council noted the fact that the govern- ter Vanhoutte joined interparty negotiations in capacity of mediator ment drafted Action Plan to address the Urgent Reform Priorities in the delegated by the European Commission and mandated to facilitate areas rule of the law and judiciary, public administration, media, elec- implementation of said agreement. Vanhoutte is tasked to chair work- toral reforms, interethnic relations and economic governance. Moreover, ing groups on implementation of the Przino Agreement, which are com- due notice was made of efforts to implement recommendations of the prised of members nominated by signatory parties: Renata Deskoska Inquiry Committee established for events from 24th December 2012. and Radmila Sekerinska from SDSM, Nikola Poposki and Nikola Todorov from VMRO-DPMNE, Artan Grubi and Musa Dzaferi from DUI, Imer Aliu In addition to political criteria, SAC’s joint press release addresses and Luan Tresi from DPA. two other topics: economic situation and handling the refugee crisis. As regards the refugee crisis, this Council welcomed country’s efforts to manage this situation, while in terms of economic criteria it welcomed 1. Conclusions of the Stabilization the package of measures related to public finance management. More- and Association Council over, SAC “welcomed the high level of trade integration and accession to EU Common Transit Convention. SAC recalled the Commission’s pro- One day after Przino Agreement was signed on 15th July 2015, meet- posal of October 2009 on transition to second stage of the Stabiliza- ing of the Stabilization and Association Council between Macedonia tion and Association Agreement. It confirmed that the decision on this and the European Union was summoned to take place on 20th July proposal remains with the EU Council.”152 2015. This 12th session of SAC was chaired by Nikola Poposki, Minis- ter of Foreign Affairs of the Republic of Macedonia. Representing the European Union and acting on behalf of the High Representative Fred- 2. HLAD version 2.0 erica Mogherini, Deputy Prime Minister and Foreign Minister of Slovakia Miroslav Lajcak co-chaired the meeting. Commissioner Johannes Hahn On 18th September 2015, meeting of the High Level Accession Dia- represented the European Commission. SAC meeting was also attended logue took place in Skopje, chaired by EU Commissioner Hahn and by Deputy Prime Minister for European Affairs in the Government of Prime Minister Nikola Gruevski. In addition to government ministers, Republic of Macedonia Fatmir Besimi. this meeting was also attended by president and deputy president of the National Council for European Integration (NCEI). Key agenda On this occasion, participants reviewed reforms related to fulfil- items reconsidered at this meeting included remarks enlisted under ment of political criteria and welcomed the Przino Agreement reached the Urgent Reform Priorities. on 15th July 2015, as one o

f many key steps necessary to address the serous political crisis. 152 http://www.consilium.europa.eu/en/press/press-releases/2015/07/20-eu-fyrom- twelfth-meeting/

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HLAD meeting had a peculiar timing, having in mind that it took principle “Fundamentals First”, whereby fundamental values of the EU place several weeks before the cut-off date for EC’s Progress Report for are again indivisible and interrelated part of the enlargement process. Republic of Macedonia, which included assessments in individual ar- According to this principle, essential issues such as the rule of law, fun- eas/chapters, as well as fulfilment of membership criteria. In that, the damental rights, strengthening democratic institutions, public adminis- meeting welcomed appointment and establishment of Special Prosecu- tration reforms, economic development and competitiveness remain key tion Office tasked with investigating potential unlawful activities aris- priorities of the enlargement process. ing from disclosed wiretapped conversations. This year, the Enlargement Strategy redefined fundamentals in com- According to the joint press release issued after HLAD meeting: pliance with EC’s new pilot methodology applied to progress reports. In “Prime Minister Gruevski and Commissioner Hahn reaffirmed commit- particular, the EC engaged in enhanced monitoring and reporting in sev- ment to implement the Urgent Reform Priorities for the purpose of en areas considered of key importance in compliance with fundamentals opening accession negotiations as soon as possible.”153 defined in the Enlargement Strategy 2015-2016. Hence, as of 2015 the EC compares findings in these areas for all countries aspiring to join the EU, especially the Western Balkans. That allowed establishment of 3. Backslide – Checked! system for regional comparison in terms of track records of the Western Balkans in their respective EU integration processes. This comparison For seventh year in row, Foundation Open Society – Macedonia and can serve as basis for competition among the states and, more impor- Macedonian Centre for European Training (MCET) prepared an analysis tantly, for cooperation on issues of joint interest shared by the states. of progress reports for Republic of Macedonia developed by the Euro- pean Commission, focusing on remarks and problems noted in the period Areas defined as fundamentals under the Enlargement Strategy’s 2012-2015. Purpose of this analysis is to provide an overview of dynam- new approach include: ics under which Republic of Macedonia progresses or regresses in its EU accession process. •• Rule of law and fundamental rights (covering judiciary, fight against corruption and organized crime, freedom of expression). Baseline for this analysis includes annual progress reports developed by the EC. Additionally, another important source of data and political •• Economic development and competitiveness (covering eco- estimates for this year’s comparative analysis is EU Enlargement Strategy nomic reforms, competitiveness, jobs, fiscal consolidation and and Main Challenges 2015-2016. Notably, this document reaffirms the inclusive growth).

•• Public administration reforms (covering political influence 153 https://ec.europa.eu/commission/2014-2019/hahn/announcements/joint-press- release-fifth-meeting-high-level-accession-dialogue-former-yugoslav-republic- on the administration, efficiency and competence, check-and- macedonia_en balance between different branches of government, etc.).

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•• Three chapters directly related to above-enlisted fundamentals The overall analysis provided several general conclusions, as fol- (Chapter 5: Public Procurements, Chapter 18: Statistics and lows: Chapter 32: Financial Control). 1. EC’s recommendation on opening accession negotiations is sus- •• Regional cooperation (including the agenda on interregional pended and conditioned. Last year, the publication of EC’s annual relations on the Western Balkan and good neighbourly relations progress report trigged a public debate whether its recommendation and regional cooperation). had been conditioned or not. This year, said discussion is missing given that the recommendation is undoubtedly conditioned and ac- Novelty in assessing pilot areas implied use of descriptive assess- companied with list of specific conditions that need to be fulfilled ment by the EC about current situation and progress made in the last for its reactivation. EU Enlargement Strategy established that the EU 12 months. The current situation is assessed on the scale: early stage of accession process of the Republic of Macedonia remains at an impasse. preparation – some level of preparation – moderate level of prepara- Revelations in the context of the wiretapped conversations have cor- tion – good level of preparation – advanced level of preparation. Five roborated earlier serious concerns of the Commission and others over categories used to assess progress in the past year: backslide – no prog- political interference in the judiciary and the media, increasing po- ress – some progress – moderate progress – good progress. liticization of state institutions and election irregularities… In the light of the progress made so far in implementation of the June/July In terms of information sources, it should be noted that EC’s 2015 political agreement, the Commission is prepared to extend its recom- Report primarily relies on three key sources of information, duly referred mendation to open accession negotiations with Macedonia. However, to in all chapters: 1) Urgent Reform Priorities contained in the Priebe the recommendation is conditioned with continued implementation Report from 8th June 2015; 2) Przino Agreement (package of agree- of the said political agreement and substantial progress in imple- ments designed to overcome the political crisis, adopted on 2nd mentation of urgent reform priorities. This issue will be addressed June, 19th June and 15th July 2015); 3) frequently used reference again after the elections. Accordingly, the Przino Agreement and and source of remarks for authorities are contents of opposition-dis- the Priebe Report indicated as basis for Macedonia’s EU Agenda in closed wiretapped conversations in the period February-July 2015. the forthcoming period and would need to be implemented in their entirety. In doing so, the EU sends strong signals that it stands According to the practice established with previous analyses, this firmly behind these instruments as important for Macedonia to exit comparative analysis154 as well includes MCET and FOSM’s views defined the political crisis. Hence, all hopes are crushed that any political as comments, in honest hope they would help readers create their image factor, especially the government, would be able to hinder and slow about the situation. processes initiated with these instruments.

154 Comparative analysis titled “Backslide - Checked!” 2012-2015, available at: http:// mcet.org.mk/documents/YrQXzgHTvNpiJcFZY

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2. The political crisis and contents of wiretapped conversations 3. The government’s fiscal, economic and budget policies are con- are in the focus of EC’s Progress Report and they have signifi- trary to EU Enlargement Strategy and principles of economic cantly influenced assessment of the political criterion. Accord- governance. This year, criticism is primarily targeting the budgeting to Commission’s assessment of the political criterion, Macedo- ing process and the high share of unproductive public expenditure. nia is facing the most severe political crisis since 2001, surpassing In that regard, the focus is on government’s fiscal policy. Almost the serious challenges reported in previous years. In that, the Com- half of the total budget (45%) is allocated for social transfers, in- mission indicated that intercepted communications have revealed cluding pension benefits, whose amount was raised by the govern- involvement of senior government officials in breaches of fundamen- ment, as it had done last year, beyond the law-mandated scope and tal rights, interference with judicial independence, media freedom in spite of dropping prices. In contrast, only 10% of budget funds and elections, as well as politicization and corruption. Moreover, the are intended for investments. Such trends in budgeting processes exit route from this crisis is identified in restoring the distorted are contrary to EU Enlargement Strategy, according to which the political dialogue among leaders, restoring parliamentary and civil budget should be geared towards growth and jobs, and its over- oversight mechanisms for the executive branch of government, all design, transparency and execution should be improved. Trans- implementation of the urgent reform priorities and the Przino parency in planning and spending public expenditure constitutes Agreement, as well as allowing unhindered operation of the special another important concern. The overall public debt is unknown prosecutor tasked with investigating and prosecuting crimes aris- because of amendments to the Law on Public Debt. Large portion ing from intercepted communications. The EC reiterated that ruling of recommendations made by the EC concern the Pre-Accession authorities have failed to assume sufficient political responsibil- Economic Programme, which includes EC’s recommendations based ity for the political crisis in the state (irrespective of the fact that on the analysis of National Economic Programmes (PEPs) trans- several senior government officials stepped down from office), and lated into document with recommendations adopted by finance that parliamentary and other oversight bodies (for example, the ministers from EU Member States in May 2015. According to the State Commission for Prevention of Corruption) have not acted ac- Enlargement Strategy, starting from next year Pre-Accession Eco- cording to their competences to control and oversee performance nomic Programmes will be presented as separate integral docu- of authorities after wiretaps were disclosed in public. It has been ment, with greater focus on employment and special challenges. noted that the Progress Report has left out numerous remarks from Furthermore, the EC reiterated importance of developing the in- previous reports which have not been resolved by relevant institu- country private sector as main pillar of economic development. In tion, for the purpose of stressing remarks related to the political that, concerns were raised in relation to unequal treatment of do- crisis. Hence, under chapter 14 on transport policy, concerns that mestic and foreign investors, i.e. tacit favouring of foreign before administrative capacity of the railway safety agency needs to be domestic investors. Also, government’s persistent interference in strengthened were repeated for several years, but are not included economy, by means of legislation or subsidies, constitutes another in this year’s report, although there are no indications made that major problem preventing proper and faster economic growth. The the problem had been solved. government is debtor to the private sector, thus directly impacting

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liquidity of domestic companies, despite recently adopted Law on 4. EU Council from December 2015 Financial Discipline. Another barrier faced by businesses is legal uncertainty mirrored in frequent changes to laws, unequal enforce- If there had been any doubts about conditionality of EC’s recom- ment of laws and difficult enforcement of contracts. mendation in its Progress Report published in November 2015, EU Council on General Affairs from December 2015 clarified all dilemmas 4. The civil society is acknowledged as factor contributing to de- by establishing that recommendation to start accession negotiations mocracy, resolution of the political crisis and policy-making. The is conditioned with implementation of June/July Agreements (known section on civil society under EC’s Progress Report closely describes as Przino Agreement) and organization of fair and free elections in the status of CSOs in the current context. According to the Progress April 2016.155 Report, although some progress was made, civil society organizations have continued to express serious concerns about the difficult climate Summarized in nine brief paragraphs, EU Council straightforwardly in which they operate. They report being subject to harsh criticism described the current situation in Republic of Macedonia and what the by politicians and pro-government media, and a limited government state is expected to deliver in order to align with the EU and its values. commitment to dialogue. During this year’s political crisis, CSOs often played a constructive role by organizing numerous peaceful protests Paragraph 32 of the Council Conclusions reiterated grave concerns across ethnic lines, and demanding greater accountability of politicians. about the situation in the country, i.e. serious political crisis marked Civil society also demonstrated cross-ethnic unity in the aftermath of by “divisible political culture, lack of culture of compromise, backslid- tragic Kumanovo events in the spring 2015. At the same time, political ing on freedom of expression and judicial independence, as well as fur- polarization and divide can still be observed between CSOs supporting ther erosion of trust in public institutions”. the government and those opposing it. National authorities should in- volve civil society in policy-making and legislation in a more regular Other paragraphs from the Council Conclusions156 referred to: and effective manner. This statements established that civil society, although insufficiently structured and organized, nor homogenous, 1. fair and democratic elections, conducted in accordance with in- through several civil groups and associations, has articulated visible ternational standards; and essential impact on raising public awareness, democratization of the society, and its adequate inclusion in policy-making would mul- 2. thorough and independent investigation of allegations brought tiply such positive effects. In this regard, FOSM and MCET believe that about with the wiretapping scandal; CSOs need to be engaged in dialogue with the government, in terms of policy-making and especially in terms of policies that directly affect them, such as state funding for civil society organizations, In- 155 Conclusions of the Council on General Affairs, paragraphs 38 and 39, available at: strument for Pre-Accession Assistance II, Council for Government http://data.consilium.europa.eu/doc/document/ST-15356-2015-INIT/en/pdf Cooperation with Civil Society, etc. 156 Ibid, paragraphs 32 to 37.

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3. full investigation into Kumanovo events in objective and trans- Immediately after this meeting, the Cabinet of US Vice President parent manner; Joe Biden issued a press release indicating that: “Vice President Joe Biden met today with Macedonian Prime Minister Nikola Gruevski. Vice 4. implementation of the Urgent Reform Priorities; President and Prime Minister agreed on the importance of continued implementation of the Przino Agreement and taking actions necessary 5. review of the Ohrid Framework Agreements to be completed rap- to ensure credible elections. Vice President emphasized the United idly and its recommendations adopted; States’ continued support for Macedonia’s Euro-Atlantic integrations”.

6. maintaining good neighbourly relations, including negotiated In the period leading to this meeting, the public speculated about and mutually accepted solution to the name issue. actual reason for such meeting to be organized at the time of one of the biggest political crisis in Macedonia, after which the US Embassy in Skopje published its official position: “Macedonian Government has re- 5. At the meeting in Washington DC quested a meeting between Prime Minister Gruevski and Vice President Biden to discuss implementation of the Przino Agreement, security is- After five years, Prime Minister Nikola Gruevski met US Vice Presi- sues and other topics of mutual interest”.158 dent Joe Biden at the White House on 11th January 2016. According to announcements, this meeting was organized to intensify bilateral It should be noted that this urgent meeting with Biden, requested relations, Macedonia’s membership in NATO and the European Union, as by Gruevski, took place in the wake of Gruevski’s expected resignation well as implementation of the Przino Agreement. from the position of Prime Minister and in the wake of EU Commissioner Hahn’s visit to Macedonia, which took place four days later. After the meeting, Prime Minister Gruevski stated: “Many good things have taken place from our last meeting, but there are many challenges as well. We discussed both good things and challenges. United States are our partner with whom we signed declaration on strategic partnership in 2008, and they have seriously supported us in many aspects in the past period“,157 adding that he would continue cooperation with the United States, especially in regard to Macedonia’s membership in NATO and the EU and that their support would be of great importance for the country in future.

158 http://alsat.mk/News/231133/ambasada-na-sad-gruevski-ja-barashe-sredbata-so- 157 http://fokus.mk/gruevski-so-bajden-imavme-odlichna-i-prijatelska-sredba/ bajden

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6. LATE RESIGNATION 1. Again with Hahn

On 14th January 2016, one day prior to meetings scheduled between Within one day from Nikola Gruevski’s deposition of his conditioned Commissioner Hahn and four party leaders to discuss date for elec- resignation, on 15th January 2016, Enlargement Commissioner Hahn ar- tions and their possible postponement, when leaving the meeting of rived to Macedonia to obtain insight into implementation of the Przino his party’s executive and central committee, Prime Minister Gruevski Agreement. As anticipated, first he organized bilateral meetings with announced that tomorrow (15th January 2015) he would present Parlia- leaders of the four main political parties (Nikola Gruevski, Zoran Zaev, Ali ment Speaker Trajko Veljanoski with written resignation, thus comply- Ahmeti and Menduh Taci), followed by joint meeting with all signatory ing with Przino Agreement wherein it was stipulated that the Prime parties to the Przino Agreement. Minister should withdraw from his office 100 days before elections. Although this meeting extended well into early morning hours, “Tomorrow morning, I will present President of the Parliament of agreement was not reached among the four party leaders. SDSM repre- Republic of Macedonia with my letter of resignation from the office sentatives requested postponement of elections scheduled for 24th April President of the Government, which will be effective 100 days before 2016 on the grounds of insufficient time to revise the voters list and the official date for elections”.159 reach agreement on media regulations, as anticipated under the Przino Agreement. This was considered unacceptable by VMRO-DPMNE repre- According to Nikola Gruevski, his political party respected all dead- sentatives. lines and obligations: appointment of special prosecutor; new composition of the State Election Commission, which he claimed is favourable Exiting these marathon-running negotiations, Commissioner Jo- for the opposition; appointment of opposition-nominated ministers in hannes Hahn was first to make public statement that agreement among the government; new laws and reforms. “I am against keeping the state four party leaders is impossible because three of them have agreed to hostage. The agreement anticipated withdrawal of the Prime Minister hold early elections on 24th April, but one political party objected them. before elections; onset of 100 days is approaching and I stand behind that item from the agreement. I want to, at last, leave all problems and “The country is in a very difficult strategic situation. […] What we conflicts behind and want the state to move forward. Tomorrow, early have seen in 2015 is certainly continuing in 2016. […] I believe that in the morning, I will send my letter of resignation to President of the the government, all political elites and the Parliament should pay the Parliament of the Republic of Macedonia and the resignation will be- necessary attention to this very serious situation. But, it is also about come effective 100 days before the elections” – stated Gruevski. the economic situation, it is also about the Euro-Atlantic perspective [of the country]… I have understood today that it was not possible to reach an agreement in a way that all political parties are committed to th 159 http://kapital.mk/integralno-govorot-na-premierot-gruevski-so-koj-najavi- holding elections on 24 April as it was agreed in the June/July Agree- uslovena-ostavka/ ment. I expect that nevertheless all political parties are still committed

64 CHRONOLOGY OF EVENTS to the June/July Agreement. […] I assured everybody and the public After this meeting, mediator Peter Vanhoutte said that, in the com- that the European institutions stay committed to help and assist the ing weeks, they would continue work on reaching an agreement, es- country. […] Finally, I would like to reassure every citizen that whatever pecially on priority issues. Asked by journalist whether Macedonia is the final decision of the political parties is to have early elections, we ready for democratic elections on 24th April, he expressed scepticism will deploy the European institutions in the monitoring of the situation about functionality of SEC and that, in his opinion, professionals need during the elections…”160 to deal with these problems to have properly organized elections.162

After this meeting, leader of SDSM Zoran Zaev confirmed his position that his party would not participate if elections are held on 24th April. 2. As of today, only Nikola Gruevski

“Negotiations fell through. If elections are held on 24th April, SDSM On 14th January 2016, Nikola Gruevski announced his conditioned res- will not participate because there is no time to create conditions for fair ignation, meaning it would be effective 100 days before the elections. In competition at elections, because there is no time to clean the voters list that, he stated that although deposited with the Parliament Speaker his and there is no time to regulate media sphere. We will continue to fight resignation is conditioned, thus demonstrating that it would be in effect for democracy in Macedonia.”161 only if elections are held on 24th April 2016.

Leader of VMRO-DPMNE Nikola Gruevski, who submitted his condi- On 18th January 2016, after Parliament Speaker Trajko Veljanoski ac- tioned resignation one day earlier, stated: “Zoran Zaev spent 12 hours of knowledged receipt of Prime Minister’s resignation and established termi- our time begging and insisting the elections not to take place, instead nation of the incumbent government’s mandate, at an expressly scheduled of discussing the methodology on revision of the voters list. He does not session and without opposition SDSM, ruling majority in the Parliament want elections because he would certainly lose; he wants postponement, adopted decision on its dissolution. This decision as well has postponed but does not offer serious arguments. He requests changes to the Media effect, i.e. the Parliament would dissolve on 24th February 2016. Law that are not seen in any other state. This person is active only at times of crisis and believes he would come in power only by means of crisis.” Two hours later - with 71 votes FOR and 9 votes ABSTAINED - the Parlia- ment appointed new caretaker government chaired by Prime Minister Emil Leader of DUI Ali Ahmeti also issued a statement saying that consen- Dimitriev, former Secretary General of VMRO-DPMNE. Office of technical sus is needed and negotiations will continue in following days. Effort to prime minister was given to party member who, by the cut-off date for this reach consensual decision is in everybody’s interest and political parties report, has not issued single statement about the elections or revision of must put public interests above their party interests. the voters list, and has not shared in public any opinion about implementation of the Przino Agreement. 160 http://www.24vesti.mk/izjava-na-johanes-han 161 http://24vesti.mk/izjavi-na-gruevski-zaev-i-ahmeti 162 https://www.youtube.com/watch?v=spiwD3jmvnI

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In his address, in a manner similar to his predecessor, new Prime to save itself. SDSM cannot accept elections without clean voters list. Minister indicated that his primary goal is organization of fair and dem- SDSM, using all democratic means and together with citizens, will fight ocratic elections at which citizens will decide whom to give their trust. for free and democratic Macedonia.”164 By the end of his speech, he thanked former Prime Minister Gruevski for all he had done for the state. After this address, MP from VMRO-DPMNE Antonio Milososki stated that if ministers in the caretaker government Echo of the resignation appointed by SDSM do not arrive in time to sign their pledges, they would no longer be ministers and their offices would be performed by For ten years Nikola Gruevski occupied the media. They were his best the Prime Minister. “fellow fighters” in “firmly establishing” his “unquestioned” power and authority. Such heavily paid media darkness faithfully served him and All ministers from the previous government were proposed to be part only him, and for almost one decade during which he performed office of the caretaker government, including those nominated by the opposi- of the Prime Minister, Gruevski was never seen in debate programmes tion, i.e. Oliver Spasovski as Minister of Interior and Frosina Remenski as with any political opponent. Minister of Labour and Social Policy, who did not attend this parliamentary session.163 On the contrary, this hardworking patriot, as he wished to portray himself in public, was seen walking home across Ilindenska Street on Before SDSM left the parliament hall, coordinator of their parliamenta- the occasion of “No Cars Day” or breaking traditional bread at fires or- ry group Goran Sugarevski reaffirmed previous positions of the opposition. ganized on Christmas Eve in settlement Micurin. For whole ten years, each and every weekend the Prime Minister used all and any opportu- “Nikola Gruevski’s resignation is another confirmation that election nity to appear on TV screens in casual sweaters from affordable brands. thefts have been part and parcel of previous election cycles and that Macedonia had organized neither fair nor free and democratic elec- And suddenly the Prime Minister is now only party leader. However, tions. For whole 10 years, Macedonian citizens are waiting for the re- in the manner of an old saying: “Gruevski left the office, but the office gime heads to fall, and this marks the end of criminal and imprudent did not leave him!” government. Nikola Gruevski decided who lives freely in Macedonia, but now he has no doubts that this is his end. We did not have neither fair Media close to the government adopted new rhetoric. The focal in- nor free and democratic elections. Nikola Gruevski is afraid of fair and terest of their editorial policies shifted from the Government and Prime free elections; he does not want clean voters list and free media. Citi- zens would not benefit from the elections without previously cleaned voters list and with widespread media darkness which the family uses 164 http://www.libertas.mk/%D0%BE%D0%BF%D0%BE%D0%B7%D0%B8%D1%86 %D0%B8%D1%98%D0%B0%D1%82%D0%B0-%D1%98%D0%B0-%D0%BD%D0 %B0%D0%BF%D1%83%D1%88%D1%82%D0%B8-%D1%81%D0%B0%D0%BB%- 163 http://novatv.mk/index.php?navig=8&cat=18&vest=26752 D0%B0%D1%82%D0%B0-%D0%BF%D1%80%D0%B5%D0%B4-%D0%BE%D0%B4/

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Minister to the ruling party and its leader. Phrases like “Prime Minister According to analysts, additional problem in pursuit of propaganda Gruevski” were not replaced with “Prime Minister Dimitriev”, but rather whereby former Prime Minister behaves as incumbent is abuse of the with “president of VMRO-DPMNE Nikola Gruevski”. Hence, media news media. “Typical example of perpetual advertising for the ruling party, and stories covered leader of the party making promises on behalf of the marked by abuse of state resource” – wrote TV Telma.169 government and taking decisions about projects to be implemented.165 News agency Meta remarked that Nikola Gruevski, in his public ap- Media polarization is best represented by texts broadly disseminat- pearance and rhetoric, behaves as if he is still the Prime Minister.170 ed when the Prime Minister resigned. While A1.on reported on NSDP’s position that 18th January 2016 would be long remembered as the day “Two days ago Nikola Gruevski, in capacity of party leader, addressed when Dictator Nikola Gruevski resigned from office,166 their press con- VMRO-DPMNE’s Youth Union and pledged he would do many things for ference did not trigger any interest for the public broadcaster which young people.” failed to cover this event. “Opposition SDSM reacted to Gruevski’s address stating that he While Macedonian Radio and Television presented Emil Dimitriev as could not reconcile with the fact that he is no longer the Prime Minis- the right solution for the office of Prime Minister, stating that political ter” – wrote Meta. competitors would not be able to find any blemishes in his carrier,167 internet portal Libertas featured a profile analysis depicting Dimitriev “He makes and delivers on promises, holds state and local officials as silent and intriguing executor, who had never been solid pupil or accountable at televised meetings, he simply does not ‘descend’ tele- student, does not possess great political knowledge, is not particularly vision screens. Nikola Gruevski is no longer Prime Minister, but only intellectual, but is loyal, diligent and intuitive, and known as “scandal- leader of VMRO-DPMNE” – wrote Radio Free Europe.171 monger” in terms of political games and dealings.168 Even in terms of questions raised about the capacity in which he promotes government projects, Gruevski refused to “face” journalists.172

165 http://www.libertas.mk/%D0%B3%D1%80%D1%83%D0%B5%D0%B2%D1%81 %D0%BA%D0%B8-%D0%B8-%D0%BF%D0%BE%D0%BD%D0%B0%D1%82%D0 %B0%D0%BC%D1%83-%D0%BF%D1%80%D0%BE%D0%B4%D0%BE%D0%BB%- D0%B6%D1%83%D0%B2%D0%B0-%D0%B4%D0%B0-%D1%81%D0%B5-%D0%BE/ 166 http://a1on.mk/wordpress/archives/572239 169 167 http://www.telma.com.mk/vesti/gruevski-se-odnesuva-kako-da-e-premier http://mrt.com.mk/node/29154 170 168 http://meta.mk/gruevski-i-deneska-se-odnesuvashe-kako-da-e-premier/ http://www.libertas.mk/%D0%BF%D1%80%D0%BE%D1%84%D0%B8%D0% 171 BB-%D0%BD%D0%B0-%D0%B5%D0%BC%D0%B8%D0%BB-%D0%B4%D0%B8% http://www.makdenes.org/content/article/27503617.html D0%BC%D0%B8%D1%82%D1%80%D0%B8%D0%B5%D0%B2-%D1%82%D0%B8- 172 http://meta.mk/gruevski-ne-saka-da-odgovori-vo-koe-svojstvo-promovira-vladini- %D0%B2%D0%BE%D0%BA-%D0%B8%D0%BD%D1%82%D1%80%D0%B8%D0%B3/ proekti/

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Executive Committee of VMRO-DPMNE decided... 3. Hard feelings about the resignation

One of the main shortcomings of the Przino Agreement concerns its as- By rule, party speeches and in particular those delivered at internal sumed dynamics of implementation and elastic interpretation of its provi- party gatherings are abounding in harsh rhetoric aimed to catch and sions. More specifically, does elections scheduled for 24th April provide goal maintain attention of people in attendance, and to reaffirm positions in their own right or does their organization necessitate additional steps among party members. This time, at the Conference of VMRO-DPMNE that must be taken prior to their organization, for example, voluminous Union of Women held on 23rd January 2016, acting as party leader effort defined as revision of the voters list. Nikola Gruevski delivered 45-minutes speech abounding in insults.

According to what has been agreed, appointment of technical Prime In his speech, he said “people” at least fifty times and repeatedly Minister implied confirmation that the government is keen on holding par- said “fool” and “stupid”. In addition to unbefitting messages, he also liamentary elections on 24th April 2016 at any cost. called for final battle with people in the political arena, referring to them with pejorative words. Doubts surfaced in public that although deposited, Gruevski’s resignation would be rejected by the Parliament, followed by motion from DUI to an- 1. In April, people of Macedonia would kick out artificial and nul the decision on holding elections and similar technical procedures that forcefully imposed officials. might happen and distort the overall process in one or another direction, but none of them materialized. Namely, the public raised doubts that DUI might 2. All criminals with political ambitions who might think that in overthrow the decision on parliament dissolution scheduled to take effect future, by using bribes, frauds, edited tapes, holding the state on 24th February 2016, especially after leader of DUI Ali Ahmeti, exiting the and its people hostage, maintain tensions, engaging in activi- bilateral meeting on 15th January 2016, stated that: “institutions should ties to defer investors from creating long-desired jobs, will fi- establish and announce in public whether they are ready for elections”.173 nally get what they deserve - they would be kicked out by convincing majority of people in this state at the following Immediately after the session when decision was taken for the Par- elections, notably by creating mass stampede, turnout and liament to dissolve on 24th February 2016, SDSM’s Central Board held an balloting. urgent meeting and its leader Zoran Zaev announced they would not participate in the elections on 24th April 2016 and would pressure authorities 3. At the following elections, people would not only say they are to correct the date of elections.174 masters of this territory and decision-makers about their future, but would also demonstrate they are wise people, not stupid as 173 http://novatv.mk/index.php?navig=8&cat=2&vest=26700 somebody might think and that they are much smarter than 174 http://plusinfo.mk/vest/54951/odluka-na-co-na-sdsm-nov-datum-za-izbori-i- the multitude of secret services and their dandling franchises. ponishtuvanje-na-odlukata-za-raspushtanje-na-parlamentot-galerija-i-video-

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“Long, very long time will pass before any politician would even think According to some media, it remained unknown in which capacity about coming into power by means of dirty tricks, in cooperation with for- did Gruevski appear at 16th Conference organised by the Union of Wom- eign intelligence services, by working with criminals, forgers, big-bosses, en: as prime minister (which he is not) or as party leader. One thing people like Vanhoutte or Katica, and other wheeler-dealers. […] wise is clear though: one of the motives for such appearance was his per- people, and not stupid as someone might think. People are much smarter sonal promotion. In its article titled “All Beautiful Words of Gruevski: than the multitude of secret services and their dandling franchises. […] Kick Out, Stampede, Angels, Demons, Imposed, Dandling”, news agency In April, people of Macedonia would restore their partially taken gover- Meta concluded that the ruling party leader - using series of metaphors, nance and with mass turnout at the elections would kick out artificial proverbs and authored phrases - heated sentiments among its member- and forcefully placed officials”. ship in this pre-election period.”177

Such unbefitting speech delivered by Nikola Gruevski caused an array of reactions in public, as well by individuals named in his address. Katica Janeva, who was appointed special prosecutor last September, 7. “MORE CHRISTMAS DECORATIONS THAN MPs”178 with Gruevski’s approval nonetheless, reacted to MOI and asked them for additional protection on the grounds of concerns for their own safety in the aftermath of this speech. MOI confirmed this request and President of State Gjorge Ivanov was continuously attacked of be- announced that, considering the high degree of threat to life and per- ing the government’s puppet, comfortably propped in his armchair on sonal integrity in performing their tasks and duties at the Special Pros- Vodno. His legitimacy and credibility had long been contested. He was ecution Office, they had been requested to deploy particular number not recognized by the opposition and by DUI – coalition partner to VM- of police officers to guard Katica Janeva and her associates, i.e. other RO-DPMNE, which nominated Ivanov for the office President of State. public prosecutors at SPO.175 He had been accused of being passive throughout the political crisis, as well as being biased towards governing authorities in key political Mediator Peter Vanhoutte did not request personal security mea- developments and of demonstrating utter and complete political ab- sures from MOI, but announced in the media that he does not fear for his personal safety, publicly appealing to Gruevski that he should not kill the messenger. More specifically, he stated: “when somebody does 177 http://meta.mk/site-ubavi-izrazi-na-gruevski-klotsi-stampeda-angeli-gavoli- not like the message, he usually kills the messenger”, adding that: “my nasadeni-tsrpnati/ 178 http://www.dw.com/mk/%D0%BF%D0%BE%D0%B2%D0%B5%D1%9C% job here is not to create pleasant atmosphere. I am here to achieve D0%B5-%D0%BB%D0%B0%D0%BC%D0%BF%D0%B8%D0%BE%D0%BD% results in accordance with European values and standards”.176 D0%B8-%D0%BE%D1%82%D0%BA%D0%BE%D0%BB%D0%BA%D1%83- %D0%BF%D1%80%D0%B0%D1%82%D0%B5%D0%BD%D0%B8%D1%86%D0 %B8-%D0%BD%D0%B0-%D0%BE%D0%B1%D1%80%D0%B0%D1%9C%D0%B0%D1 175 http://novatv.mk/index.php?navig=8&vest=26871&cat=2 %9A%D0%B5%D1%82%D0%BE-%D0%BD%D0%B0-%D0%B8%D0%B2%D0%B0%D0- 176 http://plusinfo.mk/vest/50773/vanhaute-do-gruevski-koga-nekomu-ne-mu-se- %BD%D0%BE%D0%B2/a-18933654 dopagja-porakata-go-ubiva-glasnikot 69 Twenty Sixth Accession Watch Report stinence.179 On many occasions, he was called to act as president of all MP from ruling VMRO-DPMNE Antonio Milososki assessed SDSM and citizens, instead of party activist, while his press releases and actions DUI’s boycott of the annual address as lack of capacity for political dia- triggered mocking reactions in public.180 This “pocket-size Putin from logue and failure to demonstrate minimum political culture.185 Vodno” proved to be equally unfailing inspiration for satire authors and critics.181 DUI replied that: “political culture is much broader concept they would not like to debate about, especially not with their coalition partner whose President of State’s traditional address at the Parliament of Repub- political culture, by the way, raises large scale and serious concerns”.186 lic of Macedonia182 (same as last year) happened in the absence of MPs from SDSM, which boycotted this event. In the opinion of MP Milososki, who had to carry the (un)grateful burden of “defending” Gjorge Ivanov after his annual speech, the President of SDSM clearly stated before the media and repeated its position that State advocated and presented his positions in continuation, irrespective for them Gjorge Ivanov does not have legitimacy to act as President of of daily political turmoil. State because such legitimacy can only be earned on elections that are not criminal and rigged.183 According to political analysts, his address and, in particular, the section addressing journalists when the President of State urged them not to President Ivanov’s annual address was also boycotted by MPs from accept imposed rules and standards and avoid acting as spokespersons for DUI, which insisted on election of consensual candidate for President political press releases and being used as tools for attainment of personal of State and accordingly Ivanov does not represent all citizens.184 interests is in full contrast to and resembles amnesia about statements he had given six months ago. At that time, President Ivanov stated that 179 http://vesti.mk/read/news/6022676/2263727/politichka-kriza-vs-ivanov-dali- Freedom House’s Report on Media Freedom, where the state is ranked low- mozhe-da-se-povrati-kredibilitetot-na-pretsedatelot est among countries in the region, is not based on facts and arguments, 180 http://plusinfo.mk/vest/45077/eve-shto-nauci-pretsedatelot-ivanov-na-prviot- but perceptions!187 cas-po-angliski https://www.youtube.com/watch?v=yGXjQW9B24I https://www.youtube.com/watch?v=kFq6iujLcjw “Continuity in positions upheld and perception thereof are known only 181 https://www.youtube.com/watch?v=x0HUGU4RDRI to former spokesperson Milososki and former journalist Ivanov” – wrote 182 http://www.president.gov.mk/mk/2011-06-17-09-55-07/2011-07-19-10-40- Plusinfo on that occasion. 39/3575-g22122015.html 183 http://www.libertas.mk/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE- 185 %D1%81%D0%B4%D1%81%D0%BC-%D1%9C%D0%B5-%D0%B3%D0%BE-%D0 http://plusinfo.mk/vest/52025/miloshoski-otsustvoto-na-sdsm-i-dui-e-odraz-na- %B1%D0%BE%D1%98%D0%BA%D0%BE%D1%82%D0%B8%D1%80%D0%B0- nemanje-politicka-kultura %D1%83%D1%82%D1%80%D0%B5%D1%88%D0%BD%D0%BE%D1%82%D0%BE- 186 http://plusinfo.mk/vest/52034/mehmeti-politickata-kultura-na-vmro-dpmne-ima- %D0%BE/ mnogu-prashalnici-pred-sebe 184 http://novatv.mk/index.php?navig=8&vest=26293&cat=2 187 http://plusinfo.mk/vest/52334/sloboden-udar-kontinuirana-percepcija

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In his address before the Parliament, Ivanov qualified the Przino Criticism equally targeted his video address at the turn of the year, Agreement as result of political irresponsibility, assessed that current wherein he advised citizens to focus and rejoice “small” things in life.190 situation in the media is degrading, but considered EC’s Progress Re- port to be objective in its assessment, unlike the ruling party for which As the old year ended, the new 2016 started in identical manner, i.e. this document represents “defeat of SDSM’s destructive policies”. criticism targeting President Ivanov.

In this regard, media outlets noted that President Ivanov had aban- More specifically, the President of State was accused that his list of doned his usual positions. 174 convicts being granted pardons includes persons convicted of crimes exempted from presidential pardons, such as paedophilia, drug-related “Underlying tone of President Ivanov’s seventh annual address be- crimes, smuggling of migrants, and crimes related to elections. 191 fore the Parliament differed from the tone used in the past, inter alia, due to his attempt to equally distribute responsibility among leading The President’s Cabinet defined such information as miscellaneous, parties for critical political events in the state from the last ten months. unverified and legally unsubstantiated. Although the media persistently Unlike his past practices when President Ivanov usually had his finger requested insight in the said list of persons granted presidential pardon, pointed at the opposition, thus openly cheering for the ruling party, press services at his residence on Vodno did not disclose this information. this time around his vague messages were directed at all political enti- Moreover, they denied the fact that the President of State had pardoned ties” – wrote Utrinski vesnik.188 the person convicted for the murder of Martin Neskovski and member of special police forces “Tigers” - Igor Spasov.192 Although the year for which he accounted before the Parliament had been “filed” as one of the more active years in his portfolio (marked In the absence of official information, citizens were able to learn by highest number of meetings and summits), analysists believe that some information from media investigating this matter. Hence, investi- based on his track record the column “results” in his portfolio is likely gation conducted by TV Telma revealed that President Ivanov pardoned to remain empty.189 murders, fratricides, criminal accomplices, forest security policemen taking bribes, money lenders.193

188 http://www.utrinski.mk/default.asp?ItemID=A8922317029EBA4898DE9877E73C4 56F 190 http://plusinfo.mk/vest/9909/video-ivanov-za-nova-godina-im-rece-fala-na-site 189 http://www.dw.com/mk/%D0%BF%D0%BE%D0%B2%D0%B5%D1%9C% 191 http://fokus.mk/nikolova-ivanov-treba-krivichno-da-odgovara-za-pomiluvan-eto- D0%B5-%D0%BB%D0%B0%D0%BC%D0%BF%D0%B8%D0%BE%D0%BD% na-osudenitsi/ D0%B8-%D0%BE%D1%82%D0%BA%D0%BE%D0%BB%D0%BA%D1%83- 192 %D0%BF%D1%80%D0%B0%D1%82%D0%B5%D0%BD%D0%B8%D1%86%D0 http://makfax.com.mk/makedonija/kabinetot-na-ivanov-demantira-deka-e- %B8-%D0%BD%D0%B0-%D0%BE%D0%B1%D1%80%D0%B0%D1%9C%D0%B0%D1 pomiluvan-igor-spasov-i-deka-se-pomiluvani-pedofili %9A%D0%B5%D1%82%D0%BE-%D0%BD%D0%B0-%D0%B8%D0%B2%D0%B0%D0- 193 http://telma.com.mk/vesti/telma-istrazhuva-koj-se-e-pomiluvan-od- %BD%D0%BE%D0%B2/a-18933654 pretsedatelot-ivanov

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However, the President of State was not done yet. As part of second This report indicated that in 2015, Macedonia, Bosnia and Herze- round of pardons (unknown practice from the time Republic of Mace- govina and Kosovo have suffered from paralyzing non-functionality of donia declared its independence), he granted additional pardons to their respective governments, regressing democratic benefits, which another 33 inmates, thus making the total number of pardoned con- made their accession in the European Union a distant perspective. victs 207 within a period of one month. As with earlier pardons, the President’s Cabinet refused to disclose the list of inmates pardoned Macedonia dropped two places on the Index of Corruption.197 More in the second round, including reasons for his decision and selection specifically, according to the 2015 Index of Corruption, it holds the 66th criteria applied.194 ranking position among 167 countries worldwide.

Already forgetting his annual address at the Parliament wherein he advised journalists not to allow imposed rules and standards, President Ivanov accused TV Telma of being biased and tendentious in its inves- 8. CSOs WRITE TO COMMISSIONER HAHN tigation story covering the presidential pardons.195

CSOs, in particular those forming part of the civic coalition “Citizens NO LONGER AN ELECTION DEMOCRACY for Macedonia”,198 pursued an active struggle for attainment of key points under the Przino Agreement and the Urgent Reform Priorities, which are Macedonia found itself in the company of Honduras and the Mal- considered of essential importance for organization of credible elections. dives. According to the last report published by Freedom House, in the In the period January–February 2016, these CSOs and other relevant orga- last year these three countries lost their status as election democracies. nizations and groups organized series of events and public addresses which significantly impacted the direction of assessments related to fulfilment According to Freedom House, Macedonia is a partially free country of conditions to hold parliamentary elections on 24th April 2016. In this with an assessment of 3.5 and is characterized by downward trend in section of the analysis we refer to two letter endorsed by several CSOs and freedoms due to the wiretapping scandal which had brought to the sur- number of analyses drafted by organizations profiled in areas tackled un- face broad scope of government-pursued surveillance of political and der “Priebe and Przino”, which essentially contributed to arguments for religious leaders, journalists and other citizens.196 postponement of elections from 24th April to 5th June 2016. FOSM and MCET actively participated in such processes and in attachment to this report we enclose both letters endorsed by these CSOs and the analysis titled “LONG 194 http://telma.com.mk/vesti/telma-otkriva-nov-spisok-pomiluvani-od-ivanov-po- poedinechni-molbi ROAD TO PRZINO: REFORMS FIRST, THEN ELECTIONS!” developed by sev- 195 http://plusinfo.mk/vest/53768/ivanov-prilogot-na-telma-za-pomiluvanjata-e- tendenciozen 197 http://fokus.mk/makedonija-padna-za-dve-mesta-na-indeksot-za-koruptsija/ 196 https://freedomhouse.org/report/freedom-world/freedom-world-2016 198 http://gragjanite.mk/

72 CHRONOLOGY OF EVENTS en CSOs and addressing relevant topics discussed earlier in this report.199 The letter endorsed by 78 CSOs, platforms and initiatives, addressed to the President of European Commission Jean-Claude Juncker, EU High Rep- In the wake of Commissioner Hahn’s visit which took place on 15th Janu- resentative for Foreign Affairs and Security Federica Mogherini, EU Delega- ary 2016, one day earlier (14th January) a total of 74 CSOs (including FOSM tion in Macedonia, Members of the European Parliament, Head of the Senior and MCET) presented him with a letter in which they argued that, by that Expert Group Reinhard Priebe, OSCE Spillover Mission in Skopje, Embassies point in time, crucial conditions have not been secured and favourable at- of all EU Member States with diplomatic offices in Macedonia and the US mosphere has not been created for organization of fair, free and democratic Embassy in Skopje, including carbon copy to Commissioner Hahn, enlisted parliamentary elections that would restore citizens’ trust that free decision- several demands from the international community: making in Macedonia is possible and that electorate’s decision would be respected by institutions and by all political parties. In that, as part of their 1. To adhere to fundamental values upheld by the EU, which you claim open letter CSOs reiterated that full implementation of the Przino Agree- provide basis for the Urgent Reform Priorities and expert recommen- ment should mark the exit from the deepest political crisis in the state since dations from the Priebe Report. 2001 and should result in organization of fair, free and democratic elections. In their opinion, failure to update the voters list and absence of agreement 2. To remain consistent in insisting on implementation of TRUE RE- on media reforms are the main arguments why elections scheduled for April FORMS FOR FAIR AND FREE ELECTIONS. Insisting only on date for 2016 need to be postponed. Civil activists indicated that ruling parties are elections, without previous implementation of reforms for fair and the main culprits for the current situation, as they have obstructed imple- free elections, could only lead to further deepening of the political mentation of the agreement.200 crisis in the Republic of Macedonia.

In the aftermath of failed negotiations held on 15th January 2016, the 3. To clearly condemn the unilateral, frivolous and unconstitutional unilateral decision of ruling parties to hold the elections on 24th April 2016 decision to hold the elections on 24th April 2016 taken by the Parlia- taken at the Parliament of Republic of Macedonia, in the absence of MPs ment of Republic of Macedonia, without the participation of large from the opposition, disturbed the spirit of consensus and agreement that part of the opposition. had been insisted upon by the Przino Agreement. On this account, CSOs published a second letter which, in addition to EU Commissioner Hahn, was In the opinion of CSOs, without fulfilment of conditions for free, fair and also addressed to the broader international community, demanding their democratic elections, which inevitably implies postponement of the date support for organization of fair, democratic and free elections. for elections, they would have no other option but to call for boycott of the elections scheduled for April and for mass protests against the regime 199 This analysis was developed by: FOSM, MCET, Helsinki Committee of Human Rights, that continues to stomp on democracy, human rights and the rule of law in NGO Info-Centre, Metamorphosis Foundation, Institute of Human Rights and Republic of Macedonia.201 Transparency Macedonia. Full text of the analysis is available at: http://fosm.mk/ CMS/Files/Documents/The-Long-Way-to-Przhino-Reforms-before-Elections.pdf 201 http://www.fosm.mk/mk/Home/NewsAndActivity?newsID=5060&catID=7 200 http://www.fosm.mk/mk/Home/NewsAndActivity?newsID=5056&catID=7 73 Twenty Sixth Accession Watch Report

9. DEADLINE FOR A NEW DATE Second criterion concerns the fact that political leaders must reach an agreement on media reforms for the purpose of enabling objective and 1. Technical Prime Minister meets Ambassadors unbiased reporting and equal treatment of political parties.

On 29th January 2015, for the first time after having assumed office, Another important and mandatory criterion enlisted in this letter im- Prime Minister of the Republic of Macedonia held a meeting with US Am- plied measures to ensure sufficient separation of the state and party. Ac- bassador Jess Bailey and EU Ambassador Aivo Orav. At the meeting, ambas- cording to them, senior public officials must make clear statements and sadors presented him with a letter202 enlisting criteria under three points issue written instructions that no pressure on employees in public admin- that should be fulfilled for elections to be fair and democratic, as antici- istration would be tolerated and that no employee or citizens should fear pated with the Przino Agreement. for their jobs or social services as a result of supporting or not supporting any political party. First criterion defined by the United States and the EU concerns the fact that the State Election Commission must be fully staffed and funded After the meeting, Ambassadors Orav and Bailey expressed their sup- by 19th February 2016. port for organization of fair and democratic elections.

As regards the voters list, initial cross-check of all relevant databases “The Przino Agreement set 24th April as the date for elections, but it must be completed to obtain good picture about scope of the cleaning also committed the signatories to structural reforms, including measures process, including field checks. to provide greater media freedom, revised voters list and implementation of all OSCE/ODIHR recommendations to make free and fair elections pos- Furthermore, it was enlisted that SEC must have credible program, as sible. Significant work remains to meet those conditions”, said EU Ambas- well as sufficient time and resources to investigate and adjudicate anoma- sador Orav, to which the US Ambassador Bailey added: “In the end, how- lies found during cross-checks. There must be a clean legal framework for ever, it is up to the Parliament, the Government and the political leaders to timely removal of names that do not belong on the voters list, and ad- make decisions. They are responsible for putting the nation back onto the equate mechanism need to be established for flagging names that cannot Euro-Atlantic track.” Moreover, he reiterated their encouragement to all be removed, but require extra scrutiny. political parties, citizens and organizations to participate in the elections, indicating that such participation is the best to strengthen democratic As part of their letter, EU and US Ambassadors indicated the need for a processes. In addition, political leaders were encouraged to refrain from robust and fair mechanism to deal with complaints arising from revision of attacks on public officials whose job is to create conditions for credible the voters list, with OSCE being invited to monitor the procedure. elections, as they have a difficult job to do, and such rhetoric is unhelpful and undermines faith that elections can take place under conditions con- 203 202 http://europeanwesternbalkans.com/2016/01/29/joint-eu-us-letter-to-prime- ducive to their being broadly accepted as free and fair. minister-dimitriev/ 203 http://meta.mk/bejli-i-orav-mu-dostavija-kriteriumi-za-fer-izbori-na-dimitriev/ 74 CHRONOLOGY OF EVENTS

New Prime Minister Dimitriev also issued a statement after the meet- stitutional crisis and would open perspectives for democratization of the ing wherein he confirmed positions upheld by VMRO-DPMNE and accused Macedonian society. SDSM of hindering the process to organize fair and democratic elections on 24th April 2016. In their analysis, these CSOs indicated that it can be undoubtedly concluded that conditions are not in place to organize fair, free and democratic “I appeal to SDSM to stop blocking adoption of the methodology on elections on 24th April 2016. This conclusion is more credible when com- cleaning the voters list. I call them to immediately inform SEC, as has been bined with other delays and obstructions in implementation of the Przino done by other political parties, that they approve the methodology unani- Agreement. In particular, this concerns obstructions and pressures exerted mously adopted by SEC, thus allowing this commission to start activities by governing parties on operation of the Special Prosecution Office. Equal- on revision of the voters list.”204 ly important is the fact that functional mechanisms are still not in place for parliamentary and judicial oversight for UBK, which indicates that the system for illegal mass interception of communications might still be used. 2. Long Road to Przino: Reforms First, Then Elections! Under such circumstances, it is utterly ungrateful to insist on particular dates to hold early parliamentary elections solely for the purpose of comply- The analysis titled “Long Road to Przino: Reforms First, Then ing with formal commitments assumed under the Przino Agreement, thus Elections!”,205 developed by Macedonian Centre for European Training, undermining serious delays and essential problems that remain unresolved. Helsinki Committee for Human Rights in Republic of Macedonia, NGO Info- Therefore, it is more important to determine a detailed list of obligations Centre, Foundation Open Society – Macedonia, Transparency Macedonia, that should be fulfilled prior to setting the date for elections, and work on Metamorphosis Foundation and Institute of Human Rights was published their implementation. By doing so, citizens will have full trust in the elec- on 19th February 2016, several days before publication of the joint EU-US toral process and will focus on political programmes of parties competing assessment concerning the possibility to hold elections on 24th April 2016. in the elections, freed of any fear that their vote would be manipulated or that they would not have the right to political choice. Otherwise, insistence These seven CSOs have continuously advocated for the position that on the date for holding elections without clear timeframe for fulfilment of addressing this issue is more important than the technical issue of date conditions that should precede the elections would give rise to additional for holding elections. When developing this analysis, organizations were risks for potential boycott of the elections by vast portion of citizens, and continuously led by the overall goal whereby the next parliamentary elec- would inevitably lead to further deterioration of the crisis in Macedonia. tions in Macedonia should enable election of legitimate institutions that would guarantee exit from the long-standing and serious political and in- In addition to this group of CSOs, others have also published their analysis, views and assessments with similar findings.206 204 http://press24.mk/dimitriev-izborite-na-24-ti-april-kje-bidat-fer-demokratski-i- kredibilni-po-site-evropski-standardi 206 http://www.epi.org.mk/newsDetail_mk.php?nwsid=101 и http://respublica.edu. 205 http://www.fosm.mk/mk/Home/NewsAndActivity?newsID=5068&catID=7 mk/2016-02-19-12-37-40/68-2-19-2015-29-2016 75 Twenty Sixth Accession Watch Report

10. NEW DATE FOR ELECTIONS All this is very much regrettable.

On 21st February 2016, Ambassadors Bailey and Orav addressed a We strongly encourage all political leaders, majority and opposi- new letter207 to Prime Minister Dimitriev indicating that sufficient con- tion alike, and institutions to remain fully committed to the June/ ditions are not in place to hold elections on 24th April 2016. In continu- July Agreement including the steps taken under the Agreement so ation, we present highlights of this letter: far. If elections cannot be held at the foreseen date, political parties are expected to work to take the necessary measures to allow holding “Early elections, as envisioned in the Przino Agreement, are intend- credible elections at the earliest possible date, and with full respect to ed as a key step in the reform process that would restore citizens’ faith responsibilities and ongoing preparatory work of the State Electoral in electoral processes, ensure fair competition of ideas and political Commission. We understand that the party leaders have mentioned 5th perspectives, and move the country beyond the political crisis. This June as possible alternative. Serious efforts by all stakeholders are now strategic purpose remains more valid than ever. required to ensure the conditions conductive to credible election process in which all citizens and parties should freely participate. Over the last month, in close coordination with relevant experts, at international and local level, as well as the political parties themselves, The political leaders have the responsibility to take the necessary we have been carefully monitoring progress and advising on number steps to put their country back onto the Euro-Atlantic path, by imple- of issues. These issues were spelled out clearly and publicly in a letter menting the political agreement and the Urgent Reform Priorities, in than we sent you on 28th January. We indicated that we would give our the interests of the country’s citizens. We will continue to follow and assessment on implementation of Przino commitments before the dis- measure progress very closely.”208 solution of the Parliament, in case it needed to consider adjusting the timing of the elections. On 24th February 2016, the Parliament of Republic of Macedonia, several minutes before midnight, voted to change the decision on par- We note that the work of the State Election Commission to date and liament dissolution, thus indicating that the Parliament would dissolve the findings of relevant experts indicate that at this stage the neces- on 7th April 2016, which means that early parliamentary elections will sary conditions for organizing credible elections on 24th April are cur- be held on 5th June 2016. It remains to be seen whether the elections rently not in place, although some progress has been achieved. Equally, would actually take place on this date. an agreement has not yet been reached on media reforms, to ensure a more level playing field. We are also concerned at initial reports of pressure and intimidation of voters and others.

207 http://europeanwesternbalkans.com/2016/02/22/new-joint-eu-us-letter-to- prime-minister-dimitriev/ 208 http://brif.mk/?p=199152

76 CONCLUSIONS AND RECOMMENDATIONS

...III... he purpose of this report is to offer a precise overview of all details under all stages of talks and actions to address the deepest po- Tlitical crisis in Macedonia since 2001. Presentation of these stages and their contents allows comprehensive picture about course of this process, efforts of the international community, criteria defined for implementation of the agreement aimed to resolve the political crisis (Przino Agreement), numerous shortcomings in preparations for early CONCLUSIONS AND parliamentary elections that should allow exit from the crisis, as well as the role of all political and international actors played in this crisis. RECOMMENDATIONS Moreover, many institutions and branches of government had their integrity tested in terms of implementation of points defined under the Przino Agreement. Not all of them were able to carry the burden of their respective functions and take actions in compliance with their consti- tutionally and law-mandated tasks and duties. Actually, these tests of integrity brought to the surface and revealed series of systemic, but also personal, shortcomings of institutions and of public office holders.

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Implementation of the Przino Agreement and overall process on elections. In particular, this was true in relation to items from international mediation to resolve the political crisis are at critical the political agreement concerning changes to the Electoral point. Elections are scheduled for 5th June 2016, but there are too Code, full establishment and new concept of the State Election many unresolved issues and non-implemented points from the politi- Commission, revision of the voters list and the like. Moreover, cal agreement as result of which this date is still not confirmed by all interparty negotiations have not yielded any results in terms political actors and by all international guarantors, not even by institu- of media issues arising from the Priebe Report, Urgent Reform tions competent for organization of early parliamentary elections. In Priorities and Ambassadors Baily and Orav’s letter from January the light of the critical importance of this moment, MCET and FOSM 2016, and there were no steps taken to address issues concern- offer several conclusions and package of recommendations for the fu- ing equal opportunities for representation of political parties, ture course of developments which are considered most useful not only improving operation of the public broadcasting service and in terms of addressing the current serious crisis, but also in terms of professionalization of the media in compliance with relevant pursuing essential democratization of Macedonia and its return on the standards. Many of the issues arising from “Przino” and “Priebe”, EU accession path, including revival of the recommendation to start such as separation of the state and party, oversight for UBK accession negotiations which had been frozen with EC’s Report for Re- and illegal interception of communications, de-partisation of public of Macedonia published in November 2015. the judiciary, have been superficially treated or have not been opened as problems that will be resolved in the period leading Accordingly, our comprehensive and thorough analysis provided to the elections. several conclusions: 2. At the moment, conditions are not in place to organize free, 1. Implementation of the Przino Agreement, Urgent Reform Pri- fair, democratic and credible parliamentary elections that orities and all additional obligations arising therefrom is pur- should allow Macedonia to exit the deepest political crisis sued slowly and with numerous obstacles and delays. As part since 2001. Above presented information and findings un- of our analysis, we have established that only two or three com- doubtedly provide the conclusion that conditions have not been mitments under the Przino Agreement had been timely fulfilled: secured to hold fair, free and democratic elections in June 2016. opposition’s return to the Parliament of Republic of Macedonia Credibility of this conclusion is further strengthened when (1st September 2015); appointment of the special prosecu- reconsidered against multitude of delays and obstructions af- tor (15th September 2015) and resignation by Prime Minister fecting implementation of the Przino Agreement. In particular, Nikola Gruevski (by 15th January 2016 or at least 100 days prior they concern obstructions and pressures on operation of the to holding elections). All remaining deadlines were marked by Special Prosecution Office exerted by ruling parties. Moreover, serious delays and even more serious obstacles as result of lack equally important is the fact that functional mechanism are not of political will to reach agreement and make crucial changes in place for parliamentary and judicial oversight on UBK, which in key areas that are of great importance for holding credible indicates that the system for illegal mass interception of com-

78 CONCLUSIONS AND RECOMMENDATIONS

munications might still be used. Under these circumstances, it mediated by Mr. Vanhoutte because, in their opinion, he had is utterly ungrateful to insist on particular dates for holding offended representatives of this party throughout negotiations early parliamentary elections solely for the purpose of complet- and his public comments have been interpreted as “continuous ing formal commitments assumed under the Przino Agreement, belittlement of the people and the Republic of Macedonia”.209 thereby undermining serious delays and crucial problems that Having in mind that from the very start of activities to imple- have not been resolved. Therefore, it is much more important to ment the Przino Agreement this political party is working on un- define a detailed list of obligations that should be completed dermining its effect and importance, this act can be perceived prior to setting the final date for elections and to implement as another stepping stone in that direction. Nevertheless, an- them. By doing so, citizens will have full faith in the electoral nouncements that Vanhoutte’s engagement as EU-mandated process, allowing them to concentrate on political programmes mediator in Macedonia expires by the end of March 2016 do not offered by competing political parties, freed of any fears that promise that the EU and other international factors will remain their vote will be manipulated or that they will be denied the equally dedicated to reaching interparty agreement on remain- right to political choice. Otherwise, insistence on the date for ing items from the Przino Agreement or to the future course of holding elections without clear timeframe for fulfilment of implementing what has been agreed and what has been defined conditions that should precede the elections would give rise to in the Urgent Reform Priorities. This gives credibility to the additional risks for potential boycott of the elections by vast conclusion that, at this moment, EU mediation is facing serious portion of citizens and would inevitably lead to further deterio- crisis and requires straightforward plan for its continuation in ration of the crisis in Macedonia, instead of its resolution. the forthcoming crucial period leading to organization of early parliamentary elections as key element for normalization of the 3. EU mediation for implementation of the Przino Agreement situation after essential reforms are completed to restore mini- and Urgent Reform Priorities is facing a serious crisis after mum democratic conditions in the state. the mandate of EU mediator Peter Vanhoutte expired. Notably, EU mediator Vanhoutte achieved excellent results in his media- 4. Political parties remain key actors in agreeing details for im- tion effort, assisted by the political weight of the US, EU and plementation of the Przino Agreement, which gives legitimacy its Member States. His efforts have led to specific agreement to the process, but is marked by numerous obstacles on the ac- and partial implementation thereof despite great resistance, count of day-to-day political interests pursued by most power- especially on the part of ruling parties. As part of his work, nu- ful parties, most often by VMRO-DPMNE. Notably, by means of merous issues have been raised in the public in relation to the its mediation the international community (primarily the EU elections, media and performance of all branches of government and US) has control over the process and moves forward already and their institutions. Nevertheless, his effort reached its maxi- st mum output after VMRO-DPMNE’s statement from 21 Febru- 209 http://www.telma.com.mk/vesti/vmro-dpmne-donese-odluka-da-prestane-da- ary 2016 that they would no longer take part in negotiations sorabotuva-so-posrednikot-piter-van-haute

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agreed obligations. Nevertheless, key movements forward hap- ⋅ SEC should be given sufficient time to pursue recruitment of pen only upon previously reached agreement among the four the best candidates, thus ensuring actual and realistic capac- main political parties at the Parliament of Republic of Macedo- ity strengthening of its information technology and legal ser- nia. This means that interests of political parties play a major vices. Moreover, new employees at SEC should benefit from role in reaching agreement and moving forward with implemen- inception and job-orientation training in order to be able to tation of what has been agreed. perform their very important tasks and duties, as stipulated under the Electoral Code and Przino Agreement. 5. The process on agreeing and implementing items from the Przino Agreement remains predominantly closed for broad ⋅ Realistic timeframe should be defined for thorough and sub- scope of media and interested CSOs, thus rendering it non- stantial revision of the voters list. Shortening the period transparent, elitist and exclusive. Nevertheless, on several needed for revision of the voters list would instigate distrust occasions CSOs have found ways to influence the process and among citizens in its credibility and would consequently lead shape talks on several issues (elections and the voters list, me- to distrust in the electoral process as a whole, ultimately re- dia, etc.) sulting in non-participation of citizens in elections and con- testing their credibility and legitimacy. For the purpose of addressing the problems enlisted under this section on conclusions, we propose several recommendations aimed to im- ⋅ Actions are needed to adopt the legal framework for clear, prove the process of implementing what has already been agreed under precise and regular procedure on deleting names from the the Przino Agreement, as well as steps that will allow the state to exit voters list that do not belong therein. Moreover, efficient this deep political crisis and restore its path towards EU integrations, mechanisms should be established for complaints lodged by as laid down in the Priebe Report and Urgent Reform Priorities. Some people deleted from the voters list or in cases when persons recommendations are copy-pasted from the joint analysis developed by that do not belong there have remained enlisted. Legal and seven CSOs (including FOSM and MCET) titled “LONG ROAD TO PRZINO: institutional framework for establishment of this system will REFORMS FIRST, THEN ELECTIONS!” published on 19th February 2016.210 necessitate legislative changes that would not be possible after the parliament dissolution on 7th April 2016. Moreover, 1. Prior to setting the final date for the elections, plan of urgent time is needed for these mechanisms to become functional in measures and necessary reforms is needed. In that regard, sev- practice. eral specific recommendations are valid and they cover minimum conditions required before scheduling the elections. ⋅ An agreement must be urgently reached concerning rules that govern media operation, with a view to ensure objective me- 210 http://fosm.mk/CMS/Files/Documents/The-Long-Way-to-Przhino-Reforms-before- dia reporting and level playing field for all political actors in Elections.pdf promoting their political programmes, as well as to encourage

80 CONCLUSIONS AND RECOMMENDATIONS

public political debate that is of great importance for citizens lar values.211 Moreover, portion of smaller political parties and to make their political choice. movements have requested to be involved in reaching agreement and making decisions about the Przino Agreement ac- ⋅ Urgent and specific measures need to be adopted for inves- cording to their political weight.212 The approach known as “5 tigating and sanctioning previous violations to the Electoral a.m. diplomacy”213 has often resulted in deteriorated trust of Code or criminal acts made against the elections and voting, the public in negotiations to exit the crisis. Therefore, future as well as specific measures to separate the state and party discussion and solutions on disputable items should be more and prevent existing pressures, intimidations and abuse of inclusive, with involvement of all stakeholders and interested public resources for political party goals. parties. By doing so, greater faith will be instilled in the overall process which, in turn, will deliver main goal of the Przino ⋅ Effective judicial and parliamentary oversight mechanisms Agreement to ensure inclusion of civil society organizations for UBK are needed and conditions should be ensured for un- and actors. hindered operation of the Special Prosecution Office, which plays key role in implementation of the Przino Agreement and 3. Planned and serious international mediation is needed on Urgent Reform Priorities, including restitution of citizens’ dis- the part of the US, EU and its Member States. After the expi- torted trust in institutions and their thorough de-partisation. ration of Peter Vanhoutte’s mediation mission, the US and EU must offer clear plan of mediation covering the period from 2. The process on negotiations and implementation of what March 2016 until full implementation of the Przino Agreement has been agreed under the Urgent Reform Priorities, Priebe and Urgent Reform Priorities. This is of particular importance Report and Przino Agreement needs to be inclusive, with given the fact that many issues have not been tackled so far monitoring and participation of CSOs. So far, the four politi- (for example, media rules and standards, UBK oversight, etc.), cal leaders have been masters of the Przino Agreement, with while issues that have been agreed are implemented with dif- international mediation led by the EU (Commissioner Hahn, ficulties. Moreover, organization of elections on 5th June 2016 EU mediator Vanhoutte and EU Ambassador Orav), and signifi- is still not definite and in case there is another postponement, cant participation of Embassies of the United States, Germany, such mediation would be more than necessary. It would be the United Kingdom, France, Italy, the Netherlands, etc. There difficult for any person to match Vanhoutte’s expertise and were several initiatives raised by civil society organizations and movements to have the process on implementation of 211 http://www.novamakedonija.com.mk/NewsDetal.asp?vest=8415837467&id=9&setI the Przino Agreement and Urgent Reform Priorities opened zdanie=23533 to citizens and CSOs as monitors and advocates for particu- 212 http://meta.mk/dom-bara-i-malite-partii-da-bidat-vklucheni-vo- implementatsijata-na-dogovorot-od-przhino/ 213 http://gragjanite.mk/pregovorite-za-izlez-od-krizata-bea-pet-sabajle-diplomatija/

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resilience, but the EU and US must offer a plan and sponsor future meetings among political parties to discuss remaining issues from the Przino Agreement. Unfortunately, on several occasions in the past we have already witnessed insufficient level of awareness and political culture on the part of political actors to reach an agreement on their own, in particular at the Parliament of Republic of Macedonia as the key political and single legislative institution which, inter alia, should ensure political dialogue among political parties and between parties and citizens.

82 ANNEXES

1. DRAFT LAW ON THE BOMBS

DRAFT LAW ...IV... ON PROHIBITING POSSESSION, PROCESSING, DISCLOSING AND DIS- POSING WITH MATERIALS ARISING FROM THE ILLEGAL INTERCEPTION OF COMMUNICATIONS

Article 1

(1) This law shall establish prohibition to be in possession, process, publicly disclose in the media, social networks or internet portals, and dispose, in any form and manner, with materials arising from the illegal ANNEXES interception of communications, including their use and disposal during the election process.

(2) This law shall, in addition to the prohibition referred to under paragraph (1) of this article, establish the obligation to hand over materials arising from the illegal interception of communications to the competent prosecutor, including criminal responsibility for failure to hand over such materials and for their unauthorized disclosure and transfer.

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Article 2 closed or transferred audio tapes or transcripts and parts thereof that comprise part of the materials arising from the illegal interception of commu- Possession, processing, disclosing and disposing, in any form or nications, or to person close to him or her, the perpetrator shall be liable to manner, with materials arising from the illegal interception of com- imprisonment sentence in duration of at least eight years. munications shall be hereby prohibited. (4) In case the act referred to under paragraph (1) of this article leads to death of another person involved in disclosed or transferred audio tapes Article 3 or transcripts and parts thereof that comprise part of the materials arising from the illegal interception of communications, the perpetrator shall be Any person that possesses, processes and disposes, without autho- liable to imprisonment sentence in duration of at least ten years. rization, in any form and manner, with materials arising from the illegal interception of communications, shall be liable to imprisonment sen- (5) In case the act referred to under paragraph (1) is committed by a tence in duration of at least four years. legal entity, the same shall be liable to monetary fine, while the responsible person at the legal entity shall be liable to sanctions pursuant to paragraphs (1), (2), (3) and (4) of this article. Article 4

(1) Any person that, without authorization and in any form and Article 5 manner, discloses or transfers intercepted or voice recorded conversations or parts and transcripts thereof on the territory of the Republic Any person that is in possession or has access to the materials arising of Macedonia or abroad, shall be liable to imprisonment sentence in from the illegal interception of communications shall be obliged, within a duration of at least four years. period of five days from the day this law enters in effect, to hand over said materials to the competent prosecutor. (2) In case the act referred to under paragraph (1) of this article leads to legal, material or other harmful damages to another person involved in disclosed or transferred audio tapes or transcripts and parts Article 6 thereof that comprise materials from the illegal interception of communications, the perpetrator shall be liable to imprisonment sentence This law shall enter in effect one day after its publication in the “Of- in duration of at least five years. ficial Gazette of the Republic of Macedonia”.

(3) In case the act referred to under paragraph (1) of this article leads to infliction of serious physical injuries to another person involved in dis-

84 ANNEXES

2. PRIEBE REPORT their visits. Meetings were held with government and non-governmental actors including those involved in external oversight. These included: Brussels, 8 June 2015 Representatives of the Ministry of Interior, including the Director THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA: RECOMMENDATIONS OF and staff of the intelligence service (UBK) THE SENIOR EXPERTS’ GROUP ON SYSTEMIC RULE OF LAW ISSUES RELATING TO THE COMMUNICATIONS INTERCEPTION REVEALED IN SPRING 2015 State Public Prosecutor and members of the Prosecution Office

Background and working methodology: President and judges of the Supreme Court

In light of the large number of illegally intercepted communications, President and members of the Judicial Council which have been published at regular intervals since 9 February 2015, and in particular of the systemic problems which they have revealed or con- Representatives of the associations of judges and prosecutors firmed, the European Commission (DG Neighbourhood Policy and Enlarge- ment Negotiations) recruited a group of independent214 senior rule of law Director of the Academy for Judges and Prosecutors experts to carry out a rapid analysis of the situation and provide recommendations to address these issues. Judges and prosecutors working in the specialized court division and prosecution office dealing with organized crime and corrup- The group’s expert members have extensive professional experience tion in a variety of rule of law related fields (law enforcement, interception of communications, the prosecution service and the judiciary, human rights, The Ombudsman and his staff transition reform) and were already familiar with the country from previous professional assignments for the European Commission, the Council of Director and staff of the Data Protection Directorate Europe and other organisations. The group was led by retired Commission Director, Reinhard Priebe. President and members of the State Election Commission

Members of the group were provided with relevant background materi- Speaker of the Parliament and members of two of its oversight com- als and conducted site-visits to the country on 20-22 April, 3-5 May, 17-20 mittees May. All experts were accompanied by European Commission staff during The group also met with representatives of relevant international or- 214 Disclaimer: The views expressed in this document are those of the experts and the team ganisations, non-governmental organisations, associations of lawyers and leader and do not necessarily represent the opinion of the European Commission. journalists.

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The recommendations which have been prepared will facilitate work entire independence without receiving any instruction from any insti- in connection with the Urgent Reform Priorities drawn up by the Euro- tution as to the content of the report. pean Commission as a short term response to the current crisis, the High Level Accession Dialogue between the European Commission and the for- Main areas of concern mer Yugoslav Republic of Macedonia, the annual progress reporting on the country, the ongoing cooperation in the framework of the Stabilisation (3) The group has focused on what appear to be the areas where and Association Agreement with the country, and ongoing assistance pro- action is most needed to follow up on the current crisis situation. Signif- gramming. icant shortcomings have been identified mainly in five areas: the interception of communications, judiciary and prosecution services, external oversight by independent bodies, elections and the media.

Recommendations of the Senior Experts’ Group (4) The group has been keen to depict an objective picture of the situation. Although in the five areas assessed significant shortcomings General Remarks have occurred and cannot be seriously contested, positive developments Organization have also to be noted. Frequently, the existing legal framework does not raise particular problems and relevant services are generally competent (1) The senior experts’ group (“the group”) examined the situ- and professional. There is however a lack of proper, objective and un- ation in the country and made its findings on the basis of a series of biased implementation. The considerable gap between legislation and technical meetings conducted in Skopje on 3-4 May and 18-20 May practice has to be urgently addressed and overcome. 2015 and numerous reports and materials from various sources. This includes information provided in confidence. Therefore this report does (5) Looking at positive developments, the group noted the com- not reveal sources of information for each single finding. However, the mitment of several NGOs, engaged in promoting democratic standards group is satisfied that each of its findings is based on sufficiently reli- in particular in relation to free elections, free media, proper oversight of able information and material, confirming their accuracy. the intelligence services and an independent judiciary. These organisations as well as state institutions like the Ombudsman, the State Elec- (2) The members of the group have expertise in different areas tion Commission or the Directorate for Personal Data Protection can and of the rule of law and come from different legal systems within the EU. should play a central role in overcoming the current crisis by addressing They are thus aware that for most issues at stake, different rules and shortcomings in an open, transparent and constructive manner. There is solutions exist in different countries. With their diverse backgrounds, a lot of professionalism in the administration and in the judiciary, with the group is nonetheless in complete agreement with regard to assess- devoted staff keen to do their jobs properly. None of these public or non- ing the specific situation in the former Yugoslav Republic of Macedonia, governmental bodies should be put under pressure not to exercise their as well as with regard to its recommendations. The group has worked in mandate and their tasks to the full extent of their responsibilities.

86 ANNEXES

The recommendations (12) The mandate of the group has not been to look into political consequences to be drawn from the events in recent months or to as- (6) On the basis of its findings the group has made recommenda- sess political accountability and responsibility for what happened. tions. All recommendations and comments made by the group are designed to overcome a very difficult crisis situation by taking concrete European values actions. They are addressed to various bodies and institutions in the country as well as to all political actors, both in the government and in (13) Democracy, equality and respect for human rights and for the the opposition. rule of law are among the fundamental values on which the European Union is founded. Strictly respecting and enforcing these values is (7) Only a few recommendations refer to necessary changes in therefore essential for a candidate country. legislation; most of them concern actions and choices within the existing constitutional and legal framework. (14) Meeting essential standards of democratic governance, ensuring transparency in public affairs, guaranteeing the freedom of media (8) The recommendations are not exhaustive. Where they are ex- as well as fighting corruption need therefore to be ensured as overrid- pressed in general terms more concrete actions should be put in place ing objectives in each of the five areas the group has focused on. It on their basis. is important to be aware that most of the problems identified in this report are linked to or have their origin in shortcomings of a broader (9) Recommendations are not intended to substitute for recom- nature and specific difficulties will not be overcome if these shortcom- mendations made by various bodies previously. Many earlier recom- ings are not addressed: mendations following on from assessments made by the European Commission in its Progress Reports as well as by other domestic and Essential standards of democratic governance have to be met. international organisations and bodies remain entirely valid. A constructive political dialogue between the government and the opposition beyond all political differences is indispensable (10) The recommendations in this report address systemic short- for the proper functioning of a parliamentary democracy. The comings and should enable the country to improve the overall situa- place of an elected party is in the Parliament. The interests of tion. They are not intended to cover the handling of individual criminal politicians and of parties should not be confounded with the investigations and court proceedings. public interest of the state. Sensitive information should be handled with care and should not become the plaything of po- (11) The group does not suggest specific deadlines for its recom- litical tactics. Where there are allegations of serious malfunc- mendations. Given the need for urgent action in all the areas, where tioning of state institutions, there is a legitimate public inter- recommendations are made, they should - as a general rule - be imple- est in transparent and comprehensive information. mented without delay.

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Transparency in general should prevail as an indispensable method (16) Obviously, implementing the group’s recommendations will of how to deal with crisis situations like the current one, as well as require political will and determination to address shortcomings and to a culture of legal accountability and political responsibility. make changes. To improve democratic governance all bodies, institutions and actors have to assume their responsibility, according to their mandate. Freedom of the media is an essential basis for an open, democratic society. Media should exercise their task to inform the public (17) Too often, and almost across the board, the group was confronted without any pressure or direct or indirect interference from public with an attitude of abdication of responsibility, minimalist interpretation authorities. This precludes selective government financing and ar- of institutions’ mandates and an inclination to hide behind the compe- bitrary government advertising, according to political preferences. tences of other institutions as an excuse not to act, rather than promoting a governing culture of assuming responsibilities proactively to contribute Revelations published recently demonstrate serious incidents of to overcome the current crisis situation and to reverse the backwards trend. political corruption at various levels and in multiple ways. Fight- ing this form of corruption will definitively need to become a top (18) Bodies in charge of oversight and control in particular should not priority for the country. The problem of corruption would be worthy shy away from, and should by no means be prevented from, freely carrying of a report all to itself; the fact that it is not addressed in detail in out their mandate without inappropriate “political self-restraint”. Bodies this report is not because the issue is not of great importance but which in a properly functioning democracy would be among the more im- because treating it as a side issue in a report the focus of which is portant oversight and control bodies, such as the State Election Commis- elsewhere would not do justice to the problem. Corruption is the sion, the Directorate for Personal Data Protection and the Parliamentary most serious problem facing the country apart from the specific is- oversight committees, appear unwilling to carry out their mandate. By sues arising from the current crisis, caused by the communications contrast, the Ombudsman’s genuine efforts are hampered by other insti- interception scandal, which is the primary focus of this report. tutions. All oversight and control bodies should proactively assume, each under their specific responsibilities, their mandate in order to follow up ef- The way forward fectively on the interception scandal. Relevant statutes should be applied in such a way as to give full effect to the mission of those oversight bodies. (15) Many of the suspicions previously raised concerning interfer- Ex officio action has to be considered in the light of the seriousness of ence in judicial affairs, restrictions of freedom of the media, electoral what has been revealed. irregularities, blurring of state and party, as well as lack of oversight over intelligence activities have been confirmed by the findings of the (19) The interception scandal has revealed a massive invasion of fun- group. Internal and external oversight of intelligence services falls damental rights including the right to participate in public affairs and to short of what is needed and the cumulative effect of a lack of any ac- vote; the right of equal access to public services, the rights to privacy and tivity, on the part of practically all oversight bodies, is a reason for deep the protection of personal data, as well as the right to an independent and concern. impartial judiciary.

88 ANNEXES

(20) Progress on investigating and prosecuting wrongdoing revealed national intelligence service’s facilities219. The content of many of the in the content of the interceptions will require to be kept under review, recordings provide indications of unlawful activities and abuse of pow- including within the framework of the EU’s various institutional contacts er by senior government officials. The head of the intelligence service with the country. and two senior government Ministers have resigned since the start of the interception scandal in January 2015.

1. Interception of communications Causes of the current situation

From 9 February 2015 to the present date, the opposition party The causes of the protracted scandal in the former Yugoslav Re- SDSM has released a total of 36 packages of audio tapes of recorded public of Macedonia can be traced back both to a concentration of telephone conversations of among others the Prime Minister, govern- power within the national security service (UBK) and to a malfunc- ment Ministers215, senior public officials216, Mayors, Members of Parlia- tioning of the oversight mechanism over the UBK. ment, the Speaker of the Parliament, opposition leaders, judges217, the State Prosecutor, civil servants, journalists, editors and media owners The UBK appears, to an external onlooker, to have been operating into the public domain218. The amount of material contained in these outside its legal mandate on behalf of the government, to control top releases so far has reached around 500 pages of transcripted conver- officials in the public administration, prosecutors, judges and politi- sation. SDSM claims that it has access to over 20,000 such recorded cal opponents with a consequent interference in the independence of conversations in total, and that these recordings have been made by the judiciary and other relevant national institutions. the national intelligence services. The making of these recordings is generally acknowledged to have been illegal, to have taken place over From the point of view of technical capability, the UBK holds the a number of years and not to have been part of any legitimate court- monopoly over the use of surveillance in both intelligence and crimi- sanctioned operations. The recordings are also of a quality, scale and nal investigations. Surveillance is executed and monitored exclu- number to be generally acknowledged to have been made inside the sively by the UBK on its own behalf, and also on behalf of the Police, Customs Administration and Financial Police. Therefore the UBK has 215 Including present or former Ministers of Interior, Finance, Transport and the means to interfere in criminal investigations and, indirectly, to Communication, Justice, Culture, Labour and Social Policy, Agriculture, Defence, undermine the independence of the leader of the investigation (i.e. Education, Health, Economy and Foreign Affairs. the prosecutor). 216 Including the Director of the intelligence service (UBK), Director of the Public Revenue Office, Director of Customs, and a prison director. 217 Including the then President of the Supreme Court, President of the Judicial Council, appeal court judges etc. 219 This fact has been acknowledged to the group by the former Director of the 218 See eg. https://www.youtube.com/watch?v=evG_d6MuI1o or https://www. intelligence service (UBK) and can also be inferred from the plea bargain youtube.com/watch?v=nNN39oRCjZA admissions and subsequent conviction of a former employee of UBK.

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Acting on the basis of Articles 175 and 176 of the Law on Electronic Violation of the fundamental rights of the individuals concerned; Communication, each of the three national telecommunications providers equips the UBK with the necessary technical apparatus, enabling Serious infringements of the personal data protection legislation; it to mirror directly their entire operational centres. As a consequence, from a practical point of view, the UBK can intercept communications Violation of the 1961 Convention on Diplomatic Relations (Vi- directly, autonomously and unimpeded, regardless of whether a court enna Convention), given that diplomats have also been illegally order has or has not been issued in accordance with the Law on Inter- intercepted; ception of Communications. Apparent direct involvement of senior government and party offi- The ongoing scandal demonstrates disrespect for professional cials in illegal activities including electoral fraud220, corruption221, ethics, basic principles of risk management and a lack of knowledge of abuse of power and authority222, conflict of interest, blackmail, the sensitivity of the intelligence task at hand within the UBK. The ap- extortion223 (pressure on public employees to vote for a certain parent lack of staff familiarity with, and respect for, basic fundamental party with the threat to be fired), criminal damage224, severe pro- rights and data protection rules is also an area of concern. Family ties curement procedure infringements aimed at gaining an illicit between high ranking politicians and senior officials in the UBK as well profit225, nepotism and cronyism226; as the Public Prosecution Office create a risk environment for conflicts of interests. Indications of unacceptable political interference in the nomination/appointment of judges227 as well as interference with other By contrast, stronger safeguards exist with regard to access to supposedly independent institutions for either personal or politi- metadata, which is retained by telecommunications providers and can cal party advantages228. only be obtained by either law enforcement or security agencies upon submission of a court order to one of the three telecommunications providers. 220 See eg. revelation number 7 (6 March), revelation number 8 (10 March), revelation number 11 (18 March), revelation number 16 (4 April) Content of the interceptions 221 See eg. revelation number 14 (26 March) 222 See eg. revelation number 5 (27 February) The scale of the unlawful recording of conversations, the concentra- 223 See eg. revelation number 7 (6 March), revelation number 8 (10 March) tion of power within the UBK, the over-wide remit of the UBK’s mandate 224 See eg. revelation number 5 (27 February) (which, despite its considerable breadth, was nevertheless exceeded) 225 See eg. revelation number 14 (26 March) and the dysfunctional external oversight mechanism have resulted in a 226 See eg. revelation number 12 (19 March) number of serious violations: 227 See eg. revelation number 2 (15 February), revelation number 12 (19 March) 228 See eg. revelation number 19 (8 April), revelation number 20 (16 April)

90 ANNEXES

The competent authorities have, as a consequence of the revealed latter has convened eight times since it was first constituted in 2006, interceptions, initiated several investigations, which can be divided in but has never functioned properly. Members of the Committee have not two groups. carried out inspections at the UBK or collected statistics on interceptions. The Committee does not appear to have available the technical Investigations were initiated in January 2015 by the Basic Public skills to retrieve data logs from the UBK apparatus or from the tele- Prosecution Office for Prosecution of Organized Crime and Corrup- communications providers, if any such exist, in order to be compared tion against 7 individuals, believed to be either directly or indirectly with the number of interception orders issued by the Courts, so as to responsible for the illegal interceptions and for the dissemination of identify any abuses. The Committee is also practically hindered from those intercepted communications. Some have been charged with il- performing inspections at the UBK, as out of the five members at any legal interception (Article 151 of the Criminal Code), others with espio- given time there are always one or two who lack the required clearance nage (Article 316 of the Criminal Code) and others for violence against certificate to access classified information such as interception logs - representative of high institution (Article 311 of the Criminal Code). clearance which, in an obvious conflict of interest, is supposed to be Out of these suspects, one person has already been convicted, on the issued by the UBK itself (i.e. the body to be inspected). basis of a plea bargain, of espionage and illegal interception. For five others an indictment has been lodged on 30 April 2015. The three members of the opposition party which partly constitute this Committee have, for over one year, prevented the Committee’s The group was informed that further investigations have been initi- proper functioning by not participating, due to their party’s boycott of ated, or are planned, in relation to the actual revelations of criminal the Parliament. Moreover, the Committee is in breach of its statutory conduct deriving from the content of the interceptions. It would be a requirement to submit an annual report to the Parliament. matter of concern to the group if these investigations focused exclusively or primarily on opposition-linked figures and related to the leak- Recommendations ing of the documents rather than the substance of the wrong-doing which appears to emerge from many of the transcripts. In relation to the causes of the current situation

Parliamentary oversight Interception of communications for the purpose of criminal investigation and interception for security purposes should The country in theory has in place a system of parliamentary over- be considered as separate functions and regulated separately sight in the form of a Committee supervising the work of the Directorate to reflect the concerned agencies’ respective competences. In for Security and Counterintelligence and the Intelligence Agency and a general, competences related to crime prevention and detection Committee for oversight of the application of communication intercep- should be strictly respected. The mandate of the UBK should be tion techniques by the Ministry of Interior, Ministry of Defence and other narrowed down accordingly, to focus on these tasks. empowered agencies. The former Committee has never convened. The

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The UBK should be divested of its intermediary function, so as to Bearing in mind that the scope of intelligence services’ activities not interfere with the autonomy of law enforcement agencies (Po- should be determined by the purpose of their tasks and that any lice, Customs Administration and Financial Police) when intercept- interference (such as interception of communications) should be ing communications; restricted to what is necessary and proportionate, human resources and equipment should be allocated accordingly. Given the high The UBK should have no direct access to the technical equipment staff numbers currently available to the UBK, and the relatively low allowing mirroring of the communication signal. The proprietary number of court-ordered interceptions carried out annually, this switches should be moved to the premises of the telecommunica- will require a significant reduction of resources and equipment. tion providers. The providers should activate and divert signals to At the same time sufficiently functioning and well-trained human the competent law enforcement agencies (Police, Customs Admin- resources need to be allocated to control and oversee the intel- istration and Financial Police) or the security agencies (the Securi- ligence services. ty and Counterintelligence Service (UBK), the Intelligence Agency, and the Ministry of Defence’s military security and intelligence ser- Risk management tools should be put in place to guide and lead vice) only upon receipt of the relevant court order, and only for the all intelligence operations. purposes of lawful interceptions. Under no circumstances should the UBK have the practical capability to capture communications Data security should be reinforced to avoid any risk of uncon- directly. trolled and unlawful dissemination of interception of communications, particularly within the Ministry of Interior, which in Intelligence services involved in the interception of communica- accordance with Article 34 of the Law on Interception of Com- tions should act only in accordance with a clear mandate set out munication is supposed to store data “under a special regime”. by law, defining and limiting their tasks to the purpose of national security and overriding public interest. Under no circumstances Reports on interception made for security purposes should be can they be entitled to collect information for political or other deleted within a reasonable timeframe (the current 5-year limit purposes. is too long) and according to the principles of necessity and proportionality. Recruitment and selection of staff should be based on stringent criteria of merit and integrity, take full account of the sensitivity In relation to the content of the interceptions of intelligence work and safeguards against conflicts of interests. Staff should be regularly trained, including on respect for data pro- Investigations into criminal conduct disclosed by the intercep- tection rules, fundamental rights of citizens and professional eth- tions should be seriously addressed without hesitation and fear, ics and integrity. in a non-selective manner, prioritising the more serious wrongdoing which appears to be disclosed.

92 ANNEXES

Effective investigation may require the seizure of data log files Parliament should insist on institutions strictly respecting and any available log file archives from the UBK and telecom- their reporting duties, e.g. the obligation on the Committee munications providers, and their comparison with issued court for supervising the application of communication intercep- orders. Where necessary, investigators may consider seeking in- tion techniques to report once a year. ternational support and expertise, for example in the recovery or authentication of deleted log files. 2. Judiciary and Prosecution In relation to parliamentary oversight The country possesses a comprehensive set of rules which, if fully The committees of the Parliament on security and counter- observed, should generally ensure a proper functioning of the judicial intelligence and on the oversight of interceptions measures system to a high standard, although there is a need for some further should convene immediately and meet regularly (with the par- reform, particularly in relation to the appointment, promotion and ticipation of all parties elected to the Parliament) to ensure removal of judges and prosecutors. Highly qualified and experienced parliamentary accountability. judges, prosecutors and judicial staff are available in sufficient numbers to enable the judicial system to function effectively. The parliamentary boycott, if sustained, might require ad-hoc solutions, preferably within the structures of the Parliament, The judiciary and the prosecution services should be able to act in avoiding the situation where parliamentary oversight is de an independent and impartial manner (thus avoiding giving any im- facto suspended for a prolonged period. The withdrawal of a pression - justified or not - of treating cases in a selective and unbal- minority of the Committees’ membership should not be per- anced manner) and in many areas, this seems indeed to be the case. On mitted to hamper the performance of its statutory functions, the other hand, there is a perception, that in some areas and in particu- and if necessary the parliamentary rules of procedure should lar with regard to cases considered to have a political dimension or be- be amended to permit this to take place. lieved to be of interest to politicians, the usual standards are set aside.

The necessity for security clearance must not be used as a rea- It was reported to the group by several sources that there is an son to delay the work of the committees, and the process of atmosphere of pressure and insecurity within the judiciary. This is con- granting security clearances should be fast-tracked to permit firmed by the revelations made by the leaked conversations229. Many this. judges believe that promotion within the ranks of the judiciary is re- served for those whose decisions favour the political establishment. Members of the Committee should be allowed to be assisted by There must be no such thing as a “political case” in the judicial process. technical experts. 229 See eg. revelation number 2 (15 February)

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All cases reaching the judiciary should be handled with the same ap- The perception is that, particularly in relation to promotions to proach to efficiency, independence and impartiality, simply applying higher posts, political considerations prevail, and there is evidence in the law, both substantial and procedural, in a clear and predictable way. the leaked telephone interceptions which supports the view that this This is essential if the confidence of the public in the proper function- perception is justified230. ing of the judiciary and the public prosecution is to be maintained or, to the extent that may be necessary, restored. In the area of dismissal of judges and disciplinary responsibility, numerous recommendations made in recent years have still not been The recruitment of judicial personnel (including court staff at all lev- addressed.231 The high numbers of judges, who have been dismissed or els) should according to the rules be based on merits only. The Academy resigned in recent years, in particular following controversial decisions for Judges and Prosecutors plays a central role in ensuring that judges in high profile cases, is a serious concern and has a chilling effect on and prosecutors are recruited to study in the Academy according to morale and independence within the profession. merit only. Despite the merit-based system of admission to the Acad- emy, and the requirement that all judges and prosecutors be recruited Strict rules regulating the assignments of cases to judges exist and from amongst its graduates, there is still a political dimension to the are implemented by an electronic case management system. However, actual appointment of prosecutors as these appointments have to be ap- there is a perception that these rules are not always respected and that proved by Parliament. As regards the appointment of judges, there is a ways can be found to circumvent the system. Although the Judicial lack of transparency in both the appointment standards and the proce- Council is supposed to audit the functioning of this system, it has not dure. There is no comparison of the merit of candidates, but rather they been shown that any such auditing actually takes place in practice. must be nominated by a member of the Judicial Council and then pass two rounds of voting, without any apparent recourse to objective criteria Only around a tenth of around 100 judgments of the European and with no obligation on the voting members to justify their reasoning. Court of Human Rights against the country appear to have been properly executed. There may be a number of reasons for this, one of which The system of performance management for judges and court staff appears to be a lack of resources and capacity of the Government Agent. is weak, lacks credibility and is open to abuse. In particular, performance criteria for judges have been established which are formalistic The handling of the numerous pending or upcoming cases and in- and predominantly quantitative. This is partly because it has long been vestigations related to the current crisis is a particular challenge and considered impossible for users and evaluators within the judiciary to apply a system of qualitative merit assessments in an objective and 230 See eg. revelation number 12 (19 March) non-selective way due to the pervasive political culture and mentality. 231 Relating to, for example, the lack of clarity and precision of the grounds for Furthermore no clear-cut methodologies or harmonised approach exist disciplinary action; the lack of clear and predictable reasoning in Judicial Council’s decisions; the lack of proportionality of the disciplinary measures chosen; the to prevent court presidents from taking performance management deci- dismissal of judges on grounds relating to the actual content of their decisions; sions in their respective courts, apparently at their complete discretion. questions over the efficacy of the appeal system against dismissal etc.

94 ANNEXES will be a test case for the functioning of the judiciary and the public as a reward for participating in a cover-up of the involvement of others. prosecution of the country in an efficient, independent and impartial The verdict refers to the evidence placed before the court, including manner. The prosecution of various possible criminal activities related the records of the defendant’s interrogations. The verdict does not in- to the interception of communications, both to their making and their dicate that any issue as to the propriety of the plea was raised before release, as well as to criminal activities which have become known from or considered by the court. The verdict does not suggest that the court the content of the communications themselves, has to be carried out made any finding that Kostovski acted alone; on the contrary it seems proactively, where necessary on the initiative of the prosecution ser- that he was found to have acted as part of a structured group with vices themselves, deploying all possible means of efficient investiga- premeditation incited by two other defendants. We were informed that tion. While the authenticity of the intercepted conversations does not there is neither a video or audio recording nor a complete transcript of appear to be seriously contested, the fact that data might have been the hearing, which seems surprising for such an important, high-profile obtained illegally is a complicating factor in relation to any investiga- case. The group does not know what evidence the court heard to sup- tion or prosecution based on that data. port the plea to espionage since the elements of this offence require the offence to relate to a “state secret” and to be “obtained for the It is a source of concern that so far prosecutions arising from the purpose of dissemination to a foreign state”. Nor does the group know scandal appear to have been selective and have related exclusively to the content of any admissions which may be alleged to have been made the acts of making, obtaining, releasing and publishing the intercep- by the defendant during interrogation. tions but not to the many potentially criminal or otherwise illegal acts revealed in the content of the interceptions themselves. The group was It appears, that where plea bargaining is used, it is subject to a assured by the authorities that this is because these first-mentioned very formalistic oversight of lawfulness and fairness, and that no es- cases are the easiest to prove, and that investigations into the sub- tablished test exists in practice for the judicial oversight of ‘sufficient stantive wrongdoing evidenced by the content of the tapes is ongoing evidence of guilt’233. There is furthermore no ‘public interest consider- and will result in prosecutions. ation’ test to require the authorities to continue with a criminal investigation into further possible wrongdoing despite a plea bargain. In one of these cases, Zvonko Kostovski was convicted, on the basis of a plea bargain, of the offences of espionage and illegal intercep- Recommendations tion232. A source of concern is that, because the case was dealt with as a plea bargain, it is impossible for the group to know to what extent In order to ensure the independence of, and in particular the the trial judge made enquiry into the factual basis of the plea bargain absence of political influence over, prosecutorial and judicial so as to satisfy himself that the plea was a proper one and that the ac- decision-making the appointment and promotion of judges cused was not, for example, receiving a deal involving a light sentence and prosecutors should be de-politicised. Appointments and

232 Articles 316 and 151 of the Criminal Code 233 Article 334 (1) (2) of the Law on Criminal Procedure

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promotions should be made by the Judicial Council and the interference and attack affecting their independence. This Council of Public Prosecutors according to transparent, objec- could be done, for example, by strengthening the communica- tive and strictly merit-based criteria, and using transparent tion capacities of the Judicial Council and the courts. procedures which should be established by law and not merely by internal rules, in accordance with the recommendations of The condition that only graduates of the Academy for Judges the Venice Commission’s reports on judicial appointments and and Prosecutors can be recruited to the judiciary and the pros- the independence of the judiciary234 as well as specific recom- ecution should be, for the time being, maintained and therefore mendations contained in opinions specific to the former Yu- there should be no stepping back from the current system of goslav Republic of Macedonia, many of which have not been recruitment based on qualification only. implemented235. There should be no scope for political or party affiliation or support as criteria for selection. A harmonized performance management system based on quantitative and qualitative performance standards needs to be put The Judicial Council plays a central role in making the judiciary in place, as a basis for all career decisions. system function efficiently and in ensuring the independence of the judiciary. Members of the Judicial Council have to be se- Dismissals or other disciplinary penalties against judges need lected only from amongst the most skilled judges and the most to rigorously respect procedures and rules laid down by law, distinguished and experienced lawyers of the country. A clear meaning not only the letter but also the spirit of the law. The and foreseeable test should be developed in practice as to the applicable procedures should be regulated in a similar manner meaning of the statutory term “a distinguished lawyer”. to questions of appointment and promotion, without political interference. The Judicial Council should exercise its duties without any political interference (either direct or - equally importantly - indi- The rules regulating random case assignments should be strictly rect). It needs to be more proactive in defending judges against respected. Any exemption should be clear and foreseeable and should not jeopardize this principle. There should be no ad hoc 234 Venice Commission Report on Judicial Appointments (Opinion No. 403 / 2006 of assignments. Compliance with the rules should be assessed reg- 22 June 2007, CDL-AD(2007)028); Venice Commission Report on the Independence ularly by the Judicial Council and the assessments published. of the Judicial System, Part I: the Independence of Judges (Study No. 494 / 2008 of 16 March 2010, CDL-AD(2010)004); Venice Commission Report on European The principle of random case assignment should not detract Standards as regards the Independence of the Judicial System, Part II: the from the need to ensure greater specialization of judges in cer- Prosecution Service (Study No 494 / 2008 of 3 January 2011, CDL-AD(2010)040) tain categories of cases. 235 See, for example, CDL-AD(2007)011, Opinion on the Draft Law on the Public Prosecutors Office and the Draft Law on the Council of Public Prosecutors of “the former Yugoslav Republic of Macedonia” adopted by the Venice Commission at its Judgments and Decisions of the European Court of Human 70th Plenary Session (Venice, 16-17 March 2007) Rights should be strictly and speedily implemented, in accor-

96 ANNEXES

dance with the country’s obligations under the ECHR, and a list 3. Other oversight institutions of practical and effective measures should be designed in each case or category of cases. The group interviewed two other oversight institutions: The Office of the Ombudsman and the Directorate for Data Protection. Investigations and prosecutions should be beyond any doubt as to their impartiality and with regard to an equal treatment of The Ombudsman any person under investigation. This includes the duration of investigations and the intensity with which they are carried out. The Ombudsman (or People’s Defender in Macedonian) was established in 1991 on the legal basis of Article 77 of the 1991 Constitution. Operational independence of criminal investigation services The first Law on the Ombudsman was enacted in 1997 and the first from political pressure or control should be strengthened. There ombudsman was elected in 1998. The Law on the Ombudsman has been should be no scope for ministerial instructions in operational amended since. matters. Judicial Police and Investigative Centres should start operating in order to strengthen the functional independence The present Ombudsman, Ixhet Memeti, is serving his second, of investigators and prosecutors. and last, term (each term is 8 years). He was re-elected in 2012. The Ombudsman not only has the classical ombudsman’s mandate of deal- There needs to be practical and effective application of the ban ing with maladministration but also a broader human rights mandate on the use of detention on remand, liberty-, property-directed or empowering him to protect the constitutional rights of the citizens in other intrusive measures merely for the purpose of forcing the case of violation by public authorities. The mandate does not include suspect to enter a plea bargain. This should be done by means the private sector or the Judiciary. However, the Ombudsman may in- of clear, published practice guidance for prosecutors and judges. vestigate complaints about delays in judicial proceedings or the perfor- The ‘sufficient evidence’ test allowing a plea bargain needs to mance of the court services. Complaints against the judiciary, accord- be clarified with a view to the practical and effective control ing to the Ombudsman, are frequently received. of lawfulness and fairness of each plea by the courts. Moreover, the public interest should permit continuation of criminal in- The Ombudsman is accredited with a B-status by the International vestigations despite a plea bargain. Coordinating Committee (equivalent to an observer-status). The reasons for not being accredited with a A-status have been e.g. the fact Particular attention should be paid to the proper functioning, the Ombudsman’s mandate formally does not include promotion of hu- sufficient staffing and the independence of administrative man rights (although it is recognised that he does in fact promote hu- courts, bearing in mind their specific mandate of controlling the man rights in practice), the lack of sufficient funding to implement public administration and in particular their important role in reviewing decisions by the State Electoral Commission.

97 Twenty Sixth Accession Watch Report its OPCAT236 mandate and certain concerns about the appointment, Although the Ombudsman cannot issue legally binding decisions, composition and pluralism, including insufficient transparency in ap- the Ombudsman does have some investigating powers such as to ask pointment processes of the Ombudsman. However, the Ombudsman is for explanations, information and evidence; enter official premises, considered by many as being generally an independent institution in a and to call elected or appointed persons or any other official or public difficult environment that carries out his functions delicately. officer for interviews. If a case shows a violation of constitutional or legal rights or that other irregularities have occurred, he may raise an The Ombudsman is empowered to react to complaints from indi- initiative for commencing disciplinary proceedings against an official viduals as well as to act on his own initiative. The Ombudsman’s deci- or submit a request to the competent Public Prosecutor for initiation sions are not legally binding, which is not uncommon for this category of a procedure in order to determine criminal responsibility (Article 32 of institution. The power of the Ombudsman relies, through his insti- of the Ombudsman Law). tutional standing as an independent authority, on willingness of the public authorities to comply with his recommendations, inform him, if Article 32 of the Law does not require that the Ombudsman can they do not comply, and in general not to obstruct his work. If the pub- prove the criminal responsibility and the wording “irregularities” like- lic authorities are not complying with or are obstructing the Ombuds- wise indicates that the result of the investigations of the Ombudsman man then the head of the executive, his ministers or Parliament should is not required to be undisputed. criticise them, require an explanation or simply express dissatisfaction with the attitude. Nevertheless, the Ombudsman appears reluctant to use his mandate fully, probably as he is balancing between not upsetting the establish- The Ombudsman has informed the group that he experiences that ment too much in relation to concrete cases and his ability to carry the system is not always complying with his decisions, that his com- out investigations into less politicised cases. Furthermore, the tense munication is at times ignored and that the public authorities are not political environment seems to contribute to a lack of respect for his cooperating. In other countries, failure to comply with instructions or work and powers leading to obstruction. Yet it is precisely during such obstruction of the work of the Ombudsman or a National Human Rights times of crisis that a strong oversight by the Ombudsman is essential Commission may result in a sanction237. The Ombudsman also informed to the rule of law, good governance, the protection of human rights and that his Office is, at present, investigating one case related to the in- the restoring of public trust in the state institutions. terception scandal, but that the investigations are progressing slowly. Consequently, the Ombudsman is not systematically addressing the revealed potential violations of human rights although apart from ob-

236 vious political pressure (direct or indirect) nothing, in theory, seems to Optional Protocol to the UN Convention Against Torture prevent him from acting strongly on the revelations, like a real watch- 237 e.g. the Irish Human Rights Commission Act 2014, the Law on the Human Rights Ombudsman of Bosnia and Herzegovina, Chapter VII-IX or the Law on the Public dog. Defender of Georgia, Article 25

98 ANNEXES

The Directorate for Personal Data Protection The Directorate for Personal Data Protection is established in the Law on Personal Data Protection section IX as an independent state Data protection should be seen in light of the right to privacy pro- body. The director is appointed by Parliament and he has full control tected by Article 25 of the Constitution and the European Convention over the budget, technical, human and financial resources. The Direc- on Human Rights, Article 8. Furthermore, the European Union has ad- torate may conduct investigations, receives complaints, makes analysis opted Directive 95/46/EC on the protection of individuals with regard of proposed legislation, and promotes data protection including train- to the processing of personal data and on the free movement of such ing of government as well as private institutions and companies. The data238. The Directive is expected to be substituted by a new data pro- Directorate has received continuous support from the EU. The mission tection regime.239 of the Directorate is to perform inspections over lawfulness of actions taken during the processing of personal data and their protection in The Directorate for Personal Data Protection reflects the standards the country. Prior to taking office, the director must declare “I hereby in the current EU Directive and the national data protection legisla- state that I shall perform the function of a director diligently, impar- tion has been assessed some years ago to be largely in line with it. The tially and responsibly, I shall protect the right to personal data protec- directive requires complete independence of the supervisory authority. tion and I shall respect the Constitution and the Laws of the Republic The authority must have: of Macedonia.”

investigative powers The Directorate appears generally to function well and with a high level of professionalism. It has received substantial international sup- effective powers of intervention port.

power to engage in legal proceedings However, it is worrying that a directorate for data protection has not been more actively engaged in investigating the apparent lack power to receive complaint of data protection, the potential improper and uncontrolled registra- tion of telephone-numbers as well as invasion of the right to privacy through potential unauthorised surveillance. 238 The country has ratified the Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, regarding supervisory authorities and transborder data flows. The convention The group was informed that the Directorate believed that it could requires that the supervisory authorities shall exercise their functions in complete not react as long as criminal investigations are being conducted, and independence (article 5) that it preferred to stay idle in order not to be criticised for choosing a 239 The European Commission has in January 2012 proposed a draft legislative package side in the current situation. The Directorate also referred to the fact to establish a unified European data protection law. The data protection reform will contain three main innovations: One continent, one law; One-stop-shop and not 28 that it has not received any complaints. entry points for companies, and the same rules for all companies.

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The group understands the sensitivity of the matter; however, an The national legislation does not seem to prevent the Directorate independent institution cannot be accused of being used politically from carrying out investigations in relation to the revealed intercepted as long as it pursues matters falling within its mandate (and mission recordings. Furthermore, the legislation does not appear to exclude, in statement) and does so without being selective. The attitude of stay- general, certain ministries, departments or units, in general, from being ing idle is, as such, a statement of fear and subject to criticism as the subject to the mandate of the Directorate. Directorate then shows that risks of intimidation from third parties govern the decision-making process within an independent institution. Recommendations

The group further noted that in fact, the Directorate is not excluded In relation to the Office of the Ombudsman from investigating violations of the right to privacy and data protection if criminal investigations are conducted. The Public Prosecutor Although the Ombudsman is perceived to be acting indepen- confirmed this during the meetings with the group. dently within a relatively strong mandate, the Ombudsman should be granted sufficient financial means, guaranteed by law, The governing law on the directorate concerns failures to protect to operate independently and effectively, and the Law on the data and to comply with data processing standards as well as inspec- Ombudsman should be amended in order to comply fully with tion supervision over the implementation of the law and the regula- the Paris Principles240. tions adopted on the basis of the law. Public authorities must without any exception cooperate with Failure to comply with the data protection legislation may result in the Ombudsman. Any unjustifiable failure should be regarded as payment of damages as the subject of the personal data could exercise obstruction of the Ombudsman and sanctionable by law. the right to damage compensation caused by the processing of personal data or other activity carried out contrary to the provisions of the Consideration should be given to strengthening the Ombuds- law, by submitting a claim for damage compensation to the competent man’s powers, e.g. to request Parliament to establish special- court, cf. article 21. ised temporary commissions of inquiry into gross violations of human rights or to initiate case before the courts against au- Chapter IX-a on inspection supervision also provides the Director- thorities that do not comply with his recommendations. ate with powers of sanctions if a State Body does not comply with the governing legislation. It is further noted that the Directorate can request to be given aid by the state administration body competent for internal affairs during the implementation of the executive decision, provided that there is physical resistance or such resistance is expect- 240 Principles relating to the Status of National Institutions (The Paris Principles), ed to happen, cf. article 4-d. adopted by UN General Assembly resolution 48/134 of 20 December 1993

100 ANNEXES

In relation to the Directorate for Personal Data Protection party and its presidential candidate and mainly negative against the main opposition party and its candidate. Although the Law on Personal Data Protection is, in general, in compliance with relevant European standards, the Directorate’s The recent revelations have confirmed previous presumptions on some lack of action undermines the confidence in the independence election irregularities. The seventh and eighth revelations on 6 March and of the institution. The approach of the Directorate appears also 10 March 2015 included what appears to be discussion of manipulation of to be inconsistent with the law and the mission of the Director- the voter list; voter buying; voter intimidation, including threats against ate, as well as the declaration made by the Director. The Direc- civil servants, and prevention of voters from casting their votes. torate should immediately conduct investigations into the matter and report transparently about its conclusions, regardless 1,779,572 voters were registered for the presidential election and its findings. 1,780,128 for the early parliamentary elections. According to the State Statistical Office of Macedonia241 estimates are that the total population Any attempt to influence the Directorate in its work should be is 2,065,769 people (end 2013). OSCE has previously expressed concerns disclosed and reported to relevant authorities as it would be about what appears to be an inflated voter list compared to the total popu- attempt to influence the Directorate from carrying its mandate. lation242.

The Electoral Code has been comprehensively amended in recent years 4. Elections in line with successive ODIHR recommendations.

The OSCE/ODIHR Election Observation Mission Final Report on the The State Election Commission’s composition, mandate and functions 2014 presidential and parliamentary elections found that they were effi- are regulated in the Electoral Code. The members are elected for 4 years ciently administered, including on election day. However, the report also and a professional service must be established for the State Election Com- found several shortcomings compared to the principles contained in the mission, in order to execute the professional-administrative and organi- 1990 OSCE Copenhagen Document and other international obligations for zational-technical responsibilities of the Commission. The Commission is democratic elections. Some of the observations concerned an inadequate obliged to safeguard the legality of the preparation and the administration separation between state and party activities; allegations of voter intimi- of the elections in accordance with the Electoral Code and consequently dation; the inadequacy of the voter list; indirect control of the governing is expected by the electorate to be a guarantee for free and fair elections. party over the media because of the state’s dominance in the advertising market; the failure of the media to distinguish between the coverage of state officials in their capacity as ministers and as candidates which 241 See http://www.stat. gov.mk/OblastOpsto en.aspx?id=2 contributed to the blurring of the line between state and party; and that 242 See OSCE/ODIHR Election Observation Mission Final Report, Early Parliamentary the majority of monitored media was largely biased in favour of one ruling Elections, 5 June 2011, page 8

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Regardless of its powers and mandate, the Commission has not initi- Recommendations ated any procedures to determine whether the recent revelations could imply violations of the Code and the principle of legality. The Com- Any irregularity revealed should be followed up in such a way mission is apparently divided internally on the issue and coincidently that all shortcomings, including those identified in the OSCE/ the division is aligned with the political affiliation as a reflection of ODIHR Election Observation Mission 2014 Report, are addressed the Parliament, regardless of the fact that each individual member is before the next elections take place, to make sure that such ir- required to execute the duties of their office independently, in good regularities will not occur again. faith and responsibly in accordance with their competences determined in the Electoral Code. An electoral commission must work in the Direct political involvement in election manipulations, as ap- interest of the electorate and not political parties. pears from the published interceptions, is a serious violation of basic democratic principles and must be properly addressed A member of the Commission informed the group that the reason for both at judicial and at political level. not being able to initiate any investigations of violations of the Code was that the Commission has not been asked by the judiciary to do so. The State Election Commission plays a central role in the super- The group finds it difficult to understand that an independent body vision of elections. Any interference in its work is unaccept- with an explicit mandate to safeguard the legality of elections, and able. The Commission, as an independent body, should develop consequently the Constitution, and with powers to initiate proceed- a culture of a bipartisan approach to its work based on its broad ings, when there are bases of suspicion that there has been a violation experience and should resist taking majority decisions accord- of the provisions of the Electoral Code, simply concludes that it can- ing to political camps. Serious consideration should be given to not undertake any action in relation to the revelations. The Electoral appointing a substantial number of members of the Commission Code does not appear to prevent the Commission from taking such ac- who are of proven independence and free of any political party tion. On the other hand, the Commission should interpret its enabling connection. legislation with the objective of protecting the electorate. The group also observes that the Public Prosecutor has informed the group that The timing of irregularities, or the timing of their discovery, its investigation does not prevent the State Election Commission from should not present any obstacle to their effective investigation making its own investigation. by the State Electoral Commission.

The group finally notes that the Commission is regarded by many The Commission should pro-actively exercise its broad powers interlocutors as politicized and incapable of acting independently due and take initiatives on its own, according to its mandate. It can- to undue political influence from all parties. This is damaging to the not ban itself from assessing the irregularities of past elections, Commission and will result in a decline in public trust and at the end as recently revealed, with the simple argument, that the elec- of the day making it impossible to conduct credible electoral processes. tion process has been closed.

102 ANNEXES

Funding of parties should respect existing rules, e.g. with re- In the recent index of press freedoms of Reporters without Borders gard to advertisement or use of public funds and public admin- 2014, the country has dropped to its lowest ranking ever and is now istration for party activities. The introduction of deadlines for ranked as number 123 in the world. Freedom House ranks it as “partly the State Commission for the Prevention of Corruption to in- free” in terms of freedom of press but with a declining score over the vestigate complaints on misuse of state resources during the recent years244. In the IREX’s 2014 Media Sustainability Index (MSI) campaign could be considered and the necessary resources to it is rated with an overall score of 1.40.245 MSI observed the country’s resolve them in a timely manner should be provided, in accor- “prospects for media sustainability further deteriorated... The low dance with outstanding GRECO and ODIHR Recommendations243. scores reflect the media community’s pessimism about the prospects of escaping the trends toward greater state control, politicization, and economic degradation of the media.” 5. Media Against this backdrop it is important to emphasise that the media The group recalls that Article 16 of the Constitution guarantees the is a key player in a democracy, not only as public watchdog but also as freedom of conviction, conscience, thought and public expression of a contributor to pluralism, democratic development and dialogue. thought, speech, public address and public information. The country has ratified the relevant European and international legal instruments The media crisis deprives journalists of their ability to perform guaranteeing and regulating the protection of freedom of expression professionally and without fear. Media owners and private advertisers such as the European Convention on Human Rights and the UN Cov- may risk retaliation from political forces for not showing support to enant on Civil and Political Rights. their agenda. Several interlocutors have informed that a chilling effect is dominating the media in the sense that intimidation, the absence The country is perceived to have suffered from a media crisis that of good labour conditions for journalists and financial instability for has become gradually worse over the last couple of years, although media companies is making them reliant on government advertisement some positive steps have been taken, e.g. the de-criminalisation of and producing an environment of fear which encourages self-censor- defamation, alignment with the Audio-Visual Media Services Directive ship. The crisis has also highlighted serious concerns over selective and establishment of a self-regulatory body (Council of Ethics). reporting and lack of editorial independence on the part of the Public Service Broadcaster.

243 See 2014 OSCE/ODIHR Election Observation Mission Final Report http://www.osce. 244 org/odihr/elections/fyrom/121306?download=true and GRECO Compliance Report See https://freedomhouse.org/report/freedom-press/freedom-press-2015#. on “Transparency of Party Funding” adopted by GRECO at its 63rd Plenary Meeting VWK7obkw_IU 24-28 March 2014 https://www.coe.int/t/dghl/monitoring/greco/evaluations/ 245 This was the lowest rating ever and 1 point lower than the highest score achieved round3/GrecoRC3(2014)2_Second_The%20former%20Yugoslav%20Republic%20 in 2005. The rating is 1 to 4, with 4 as the highest, see https://www.irex.org/ of%20Macedonia_EN.pdf resource/macedonia-media-sustainability-index-msi

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The recent interception revelations confirm the existence of an un- Media play a particularly important role in situations of politi- healthy relationship between the mainstream media and top govern- cal crisis. In the public interest it is their task to reveal possible ment officials, with the former seemingly taking direct orders from the shortcomings in the functioning of a state or a society. There- latter on both basic and fundamental issues of editorial policy246. This fore, public bodies should refrain from discouraging media to practice harms the public’s right to receive information from a variety carry out their mandate. of sources and expressing a variety of views, and reduces the scope for objective and balanced reporting of facts. Defamation actions should not be used as a means to stifle debate or prevent public figures from being held to account. It is The group took note that numerous expert recommendations have of particular concern when politicians sue journalists for defa- already been made in the area of the media, both in the framework of mation, but also when they sue other political figures, instead other reports and the European Commission’s ongoing monitoring of of resolving their differences through other means such as pub- the country, which have still not been addressed247. lic debate.

Recommendations Courts should handle defamation claims in a balanced way, independently of possible political implications of a particular All media have to be free from any political pressure without any case. Courts should develop clear and foreseeable practice on interference or intimidation. the protection of freedom of expression in view of defamation claims. Both mediation and self-regulation should play an im- Media should distance themselves from party politics and portant role in reducing the high number of cases reaching the should not be at the service of politicians and political parties. courts. Consideration should be given to extending the scope of the current statutory ceilings on media liability for defamation The Public Service Broadcaster should strive to be completely to all types of defendants. impartial and independent from political, commercial and other influences and ideologies and contribute to an informed citi- “Buying” political support from the media through financially zenship. supporting media outlets is unacceptable. Stringent rules on government advertising should be enforced.

Media ownership and media financing should be transparent. 246 See eg. revelation number 3 (20 February), revelation number 4 (25 February), revelation number 7 (6 March), revelation number 20 (16 April), revelation number 23 (22 April). Journalists’ labour conditions should be improved in order to 247 Including in the areas of defamation, government advertising, the lack of independence reduce self-censorship. of the public service broadcaster, journalists’ professionalism and ethics, etc.

104 ANNEXES

3. PRZINO AGREEMENT 6. During the transitional period:

2 June 2015 By June 10, the parties shall agree on the exact organization of the government preparing the elections. When agreement is Agreement reached on this item, the opposition will fulfil its obligation under the second indent of the item 6 and will return to the Parliament. 1. The parties agree to put the interest of the country first and confirm their commitment to the Euro-Atlantic process and i. On 20 October 2015, a new Minister of Interior shall be ap- democratic principles. pointed upon nomination by SDSM and after consultation with VMRO-DPMNE and DUI. This Minister shall be a techni- 2. In the interest of all citizens and all communities in the country, cal appointment. the parties agree on steps to overcome the current crisis. They commit to ensuring inclusiveness in taking this agreement for- ii. On 20 October 2015, a new Minister of Labour and Social Af- ward, through consultation and coordination with the main par- fairs shall be appointed upon nomination by SDSM and after ties in the country. consultation with VMRO-DPMNE and DUI. This Minister shall be a technical appointment. 3. The parties commit to respecting the democratic principle of political accountability in addressing key challenges facing the iii. On 20 October 2015, new additional Deputy Ministers will country. be appointed for the following Ministries:

4. At a time of great national challenge, the parties agree that they Ministry of Interior, upon nomination by VMRO-DPMNE; must, acting in the interest of all citizens, address critical and unprecedented challenges facing the country, to consolidate its Ministry of Labour and Social Affairs, upon nomination economic and democratic development, to strengthen inter-eth- by VMRO-DPMNE; nic relations, to ensure full implementation of the Ohrid Frame- work Agreement, to strengthen good neighbourly relations and Ministry of Finance, upon nomination by SDSM; its international standing and, in so doing, to bring the country forward on its Euro-Atlantic path. Ministry of Agriculture, Forestry and Water Supply, upon nomination by SDSM; 5. The parties therefore agree to establish a “transitional period” starting immediately and ending in free and fair elections, in full Ministry of Information Society and Administration, compliance with European standards, by the end of April 2016. upon nomination by SDSM.

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These Deputy Ministers shall have the full right of review and By 15 September 2015, there shall be a new Special Prosecutor veto in their respective Ministries in all legal, financial and person- with full autonomy to lead the investigations surrounding and aris- nel matters related to the organization of the election. All afore- ing from the interception of communications. This Special Prosecu- mentioned new Ministers and Deputy Ministers shall remain in tor shall be appointed by agreement of undersigned parties. their positions in the new government referred to below. Between June and the end of August 2015, the EU will facilitate iv. The incumbent government will submit its formal resignation a cross-party dialogue (open to all main parties represented in to Parliament in due time to enable the new government to be parliament) to reach an agreement on structural reform issues. sworn in on 15 January 2016, 100 days before the parliamen- This agreement shall inter alia include reforms that need to be tary elections which shall be held on 24 April 2016. The new taken in the areas of Chapters 23 and 24, representation in and government shall be headed by a new Prime Minister nominat- independent functioning of relevant state bodies, greater me- ed by VMRO-DPMNE. Its governmental program shall be limited dia freedom and fully aligning with Venice Commission Opinions to the organization of the early parliamentary elections. and recommendations.

v. The above rule that the incumbent government shall resign in The parties also agree to implement all recommendations to be time to leave office 100 days before the next elections, and issued by the European Commission in relation to systemic rule that a new government shall be appointed, shall apply to the of law issues. Implementation will be reviewed in the context April 2016 elections, and following the necessary legal changes of an inclusive High Level Accession Dialogue involving all main which shall be enacted as soon as possible, for future elections. political parties and civil society and ahead of the Commission’s October 2015 Progress Report. On 1 September 2015, SDSM will return to Parliament and will chair a specially constituted parliamentary committee of inquiry into By 31 July 2015, the composition of the State Elections Com- the wiretap scandal. The intelligence oversight and interception of mission will be reviewed and modified. By 30 September 2015 communications committees, also chaired by SDSM, will commence the State Elections Commission will be given enhanced powers work, looking into democratic oversight failings in the functioning to ensure free and fair elections and a level playing field for of the state intelligence services (UBK). An initial report by these all parties. This shall notably include stronger oversight pow- committees shall be completed by November 2015. ers. All OSCE/ODIHR recommendations shall be implemented, including revision of the voter’s list according to a new and With immediate effect there shall be no further publication of any agreed methodology. In the run-up to the next elections, the wiretap material. Upon the SDSM’s return to parliament, all of the government shall request enhanced long and short term elec- material in possession of the SDSM or any other actor will be hand- toral observation from OSCE/ODIHR. ed over to the public prosecutor for immediate action.

106 ANNEXES

The parties commit to complying with this Agreement in full and in good faith. The parties also commit to avoiding any new im- pediments including in relation to the holding of elections on 24 April 2016.

This agreement is open to signature by interested political parties.

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