Women in the rule of law

Lili Oprea – Experience with a flair

17 July 2014

An experienced practitioner, committed to the rule of law, with determination to explore new places and contribute to the rule of law abroad, arrived recently to Kosovo. Meet Lili Oprea, EULEX prosecutor working in the Task Force Mitrovica Prosecution Office.

She has been a prosecutor in the High Court of Justice and Directorate of Organised Crime in Romania, having practiced as a lawyer for over eleven years. She has also worked as a diplomatic councillor in Republic of Moldavia and as the Head of Romanian Mission in Columbia. However, eager to experience how the rule of law could be applied abroad, she joined EULEX Mission to Kosovo in June 2013.
Task Force Mitrovica Prosecution Office,TFM, is a prosecution unit that operates under the executive mandate of the EULEX Mission.

TFM was established in November 2010 to concentrate efforts in the fight against organised crimes and major crime in the north of Kosovo.
"I investigate, prosecute and represent cases in the Mitrovica Basic Court. At any time, I may be dealing with three to five cases", says Lili, adding that an essential ingredient of working in an international environment is to respect the different opinions of colleagues and find a common ground for better cooperation and understanding. As for Lili Oprea, representing in a court where the panel is composed of international judges, who come from different countries and traditions that have different understanding of law provisions can be very challenging.

"You need to be very persuasive and well prepared in order to convince them of what you are trying to prove in your prosecution", she points out. "And you have to be very flexible in order to make yourself understandable also to the defence council", she says.

TFM Prosecution Office is mainly concentrating on criminal offences committed south and north of the river Ibar. It works together with mixed teams of Kosovo prosecutors, Kosovo Police and EULEX police. Despite the challenges, mainly consisting from difficult access to crime scenes, to lack of appropriate witnesses willing to come forward and testify, the TFM team is achieving good results.

Following the changes to the Law on Jurisdiction the prosecutors of this office are focused on completing the ongoing procedures, not taking new cases and starting to implement new mandate by mentoring, monitoring and advising the counterparts in exercising their responsibilities regarding the strengthening the rule of law in north Kosovo. The nature of the cases TFM prosecutors are dealing with vary; from serious criminal offences to organised crime, fraud and financial crimes.

Having been posted in various multi-cultural and multi-ethnic environments has helped Lili adjust quickly to her new post in Kosovo, making her more flexible and aware of the differences and complex ways of thinking and working. These, according to her are the keys to a better understanding with local and international counterparts whilst dealing with the cases in mixed prosecutor's teams.

She has so far learnt some valuable lessons in Kosovo, mainly how to respect the opinion of others, bearing in mind not to hurt their feelings, when making a final decision. Lili is also certain that the good results could be achieved when working within a team where everyone makes their contribution.

She points out that in Romania there are no legal officers to support prosecutors. "You work alone and you are supposed to make your decisions alone, and not share with others advice and legal opinion", Lili says, adding that she learnt a lot about the rule of law by working in an international environment.

According to Lili, objectivity and flexible understanding are the key to a good prosecutor. One needs to make assessment of each case and understand that truth is always somewhere in the middle; one is never to miss to try real criminal and never to try innocent people. The work of a prosecutor has its ups and downs. It may be stressful at times, but according to her the perseverance leads to results in the end.

She would like to think that by carrying out her work, she has made a contribution to an independent judicial system in Kosovo, free from any interference, enjoying full citizen support – set out as EULEX's goal at the very beginning. Yet, there is an important issue to reflect upon. Before she leaves EULEX, she would like to see more tough ladies practicing the rule of law in Kosovo where like elsewhere in Eastern Europe, women are still being discriminated against. "I have myself experienced such discrimination in the court. Only recently, I had to point out during the trial that I am not a female but a prosecutor", concludes Lili.