Jabir Zharku could return freely to Kosovo, no one has the right to arrest him

In May 2018, Zharku without the slightest problem can return from Sweden to Kosovo, and the tracking organs have no right to his arrest.

The former head of the Kachanic, Jabir Zharku, was found guilty and sentenced to three years in prison for criminal acts of duty and possession without permission.

Although this sentence was confirmed by the Supreme Court of Kosovo on May 8, 2012, Zhark's leg had not been violated in prison for a minute, as he had repeatedly made demands to postpone the execution of the decision until his escape to Sweden.

Recognition of justice cases, they say the escape of the former Kachanic leader once again showed the failure of justice bodies in executing decisions for individuals.

Ehat Miftaraj of the Kosovo Institute for Justice says the Jabir Zharku case testifies to situations when individuals are fleeing justice, whether because of the failure of state institutions to execute judicial decisions in the concrete case involving the execution of prison sentences but also the avoidance of suffering punishment, exploiting the privileges belonging to another state and the lack of extradition agreement between Kosovo and Sweden.

Kosovo's “Criminal Procedure Cod has defined the prescription of the execution of the sentence. In Mr. Zharku, the Criminal Procedure Code, has predicted that the time of prescribing the execution of sentence is five years from the time the arrest warrant was issued against Mr. Jabir Zharku to serve the sentence pronounced by court”, Miftaraj says.

Based on information available to the Kosovo Institute for Justice, according to Miftaright, the justice institutions in Kosovo, have until mid-2018, to execute the act pronounced against Zhark and send the same to prison to serve the sentence.

If the state of Kosovo fails to carry out this legal obligation by mid-2018, then Mr. Zharku can freely return to Kosovo as a free citizen and all that the state of Kosovo can then do in relation to Mr. Zharku is just saying welcome “Leme Xhema, who, despite having been sentenced to act of court-cut form in Kosovo, had never been implemented and immediately after prescribing the execution of the same sentence had come and conducted election campaigns of the Presevo Valley in Kosovo”, Miftaraj says.

Even lawyer Tahir Rrecaj says that if six years pass by the day when the court is made of a formal form, then there is the absolute prescription of the execution of the sentence, as in the case of former PTK director Lem Xhema.

“As well as six years pass, Zhark can come and stand across the justice organs and have a conversation without any obstacle or fear of being arrested. Like Lemme Gemma, this is a legal case, and when the absolute prescription of the execution of the sentence arrives, no court order is executed”, said lawyer Rhecaj.

Arbresh.info has also sought answers from the Ministry of Justice what he has done for Zhark's return to Kosovo, but has received no answer.

While the absolute prescribing of the execution of his sentence is near, Zharku continues his normal life in Sweden, not missing family parties.

Otherwise, the District Court in Pristina, on April 21, 2011, had pronounced Jabir Zarko guilty of committing criminal acts of illegal possession and possession of weapons, and had pronounced him a three-year prison sentence, as well as a fine of 1,500 euros.

This decision was confirmed by the Supreme Court of Kosovo on May 8, 2012.

Zharku was sentenced for a 2006 case, when a sheep farm in the village of Rakaj, Ferizaj, was privatised by the AKM.

According to the EULEX prosecutor's indictment, Maria Bamieh, the injured in this case, Xhelil and Emruesh Suma, had been the winner of the tender as the first bidder, but, after threats from accused Jabir Zharku, Arsim Kolshi, Besnik Hasani and Nyret Cena, the winners had been forced to withdraw to win him now convict Arsim Kolshi, who had been the second bidder.