A review initiated by Supreme Court Chief Justice Aigars Strupiņš regarding potential misconduct by current Prosecutor General Juris Stukāns will delay the selection process for the next Prosecutor General, admitted Minister of the Interior Rihards Kozlovskis (New Unity) in an interview on Latvian Television’s “Rīta panorama”.
Kozlovskis noted that the Judicial Council was originally scheduled to decide on candidates for the position in early May. However, the launched review is creating systemic complications and postponing the nomination process.
He refrained from commenting on how such a review, or its potential outcome might affect the reputation of law enforcement institutions, stating that he trusts the Supreme Court’s competence to evaluate the issue.
As reported, Strupiņš initiated the review after reviewing a whistleblower’s report to assess whether grounds exist for the dismissal of Prosecutor General Stukāns.
The Supreme Court has authorized Criminal Division Senator Aija Branta to conduct the review, which is expected to be completed by the end of May or early June. Until the review is concluded, the nomination process for the next Prosecutor General is on hold.
Stukāns is one of three candidates for the role. The Judicial Council had initially planned to hear from the candidates this Friday, the 25th of April.
The Supreme Court received a submission alleging that the Prosecutor General violated the Prosecution Law and the Criminal Law section on “Disclosure of Non-Public Information” by issuing instructions in a criminal case that contradicted the supervising prosecutor’s opinion and by disclosing investigative secrets to Members of Parliament.
Prosecutor Viorika Jirgena confirmed to Latvian Television that she is the whistleblower in this case.
Stukāns told TV3 News that the review came as a surprise, but when asked whether he would seek to understand the nature of the review, he responded that he saw no need—adding that, in any case, he likely wouldn’t be able to find out more due to procedural limits.
Upon examination, the submission initially met the criteria of a whistleblower claim under the Whistleblower Protection Law. In deciding whether to proceed, the Supreme Court Chief Justice considered two key aspects:
First, the legal plausibility – whether the report describes circumstances that could hypothetically indicate an attempt to improperly influence a prosecutor. And second – credibility – whether the facts stated in the report appear, at least on the surface, to be supported by other individuals involved in the events.
The Chief Justice Strupiņš concluded that, on a preliminary level, the allegations about giving instructions contrary to a supervising prosecutor’s opinion are partially substantiated and warrant a formal review. However, no review will be conducted regarding the alleged disclosure of investigative secrets, as no preliminary confirmation of such claims was found.
Strupiņš does not have legal tools to investigate potential criminal offenses; such inquiries must follow procedures set by law.
The programme “Kas notiek Latvijā?” recently reported that the whistleblower report, submitted at the end of February, is related to Stukāns’ conduct in the so-called former Prime Minister Krišjānis Kariņš flight case.
Multiple sources confirmed that several meetings were held at the Prosecutor General’s Office involving Corruption Prevention and Combating Bureau (KNAB) investigators, prosecutors of various levels, and Stukāns. These meetings reportedly included debates over whether there were grounds to bring charges, including against the former Prime Minister, his chief of staff, and the Director of the State Chancellery.
At the end of February, a whistleblower report was filed regarding Stukāns’ conduct in these meetings, alleging possible overreach of his powers as Prosecutor General.
As previously reported by LETA, on the 5th of March, Stukāns confirmed to the media that the Prosecutor’s Office had decided to take over the criminal case from KNAB regarding the potential misuse of public funds linked to chartered flights used during Kariņš’ foreign trips.
The position of Prosecutor General was opened for competition due to the upcoming end of Stukāns’ term on the 11th of July. He was unanimously confirmed for the role by the Saeima on the 18th of June 2020, having previously chaired the Criminal Cases Division at Riga Regional Court.