In a statement to the press on Monday, Chairman of the High Prosecutorial Council (KLP) Gent Ibrahimi has once again affirmed that the KLP is contemplating the unconstitutional option of establishing the Special Anti-Corruption Prosecution (SPAK) with less than 10 members:
The KLP has discussed this option, I mean the option when SPAK is established with a reasonable number of prosecutors, even if with less than 10, but this is only a discussion. The Council needs to take a formal decision related to this question. The Council thinks that 5 is an insufficient number of prosecutors. Soon, we will have 7, 8, 10, 12 and the Council will convene to discuss whether it is an appropriate number to start SPAK or not.
This follows an earlier claim by Ibrahimi from July that the KLP considered establishing SPAK with 7–8 qualifying prosecutors who have received a final positive verdict from the vetting institutions. Back then, Ibrahimi stated:
It is not the competence of the KLP [to determine the number of SPAK prosecutors]. Their number will depend on the workload, but according to the Constitution, SPAK cannot have less than 10 prosecutors.
Indeed the Constitution states in art. 148/dh(2):
The Special Prosecution Office shall consist of at least 10 prosecutors, who shall be appointed by the High Prosecutorial Council for a 9 year term, without the right to re-appointment.
It would be unconstitutional for the KLP to decide on the establishment of a SPAK with less than 10 prosecutors, which would severely undermine its legitimacy and further erode the rule of law. If the KLP can violate the Constitution on this point, why not on others – because it’s “reasonable”?