2700 days of trial that finally set Fatmir Limaj free

The decision was issued before a hall filled with family members, supporters of Limaj, who received his release from all charges with applause and cheers: “Celik”, “Chelicu”.

It was Fatmir Limaj's militant name that he was one of the commanders of the Kosovo Liberation Army in the 1998-1999 war.

The announcement of the trial by the head of the court, Maria Tuma, lasted for over 40 minutes after the court's findings were read to the public.

And the applause and hugs between each other were strengthened at the moment when Judge Tuma freed Fatmir Limaj from the last point of the indictment for failing to declare the accepted money for the campaign.

Although Limaj and others were acquitted of all charges, Limaj's lawyer, Karim Khan, after declaring, said this process had been quite stressful and has brought great pain to Limaj and his entire family.

Even Limaj himself, after his release, considered the trial against him unprecedented persecution.

The accused, Fatmir Limaj, Edrit Shala of Nedzat Krasniqi, were acquitted of the first instance of organised crime, the second for abuse of office, and the third for bribery.

Florim Zuka, the prosecution's point of bribery had been signed, while she was acquitted of misusing in the economy.

The act was related to the asphalt of several roads in the municipality of Gjilan.

Limaj from the beginning, he had called this act a political order.

According to him, it was all beginning at the time he refused to sign for the highway.

I only know two moments -- the highway decision and the airport decision, since I was against the privatisation of the airport and against giving me concession for 35 years and very interested in building the” highway, Limaj said in court.

“I have once been pressured by privatisation, but I have not signed against my country, and I have signed it for only 20 years, not 35”, Limaj said further, while shortly thereafter the name of Isabel Arnal, former Special Prosecutor's Leader of the Republic of Kosovo, was named.

And for Isabel Arnal, Limaj has always claimed at the court that he had demanded that “seize him, with or without proof”, words that he believed would be witnessed by former EULEX investigator Troy Wilkinson.

Limaj said that although this has nothing to do with the acacacusa, according to him it was a question why “has come to this point”.

Shortly later, Limaj said they had begun raids on MTPT and at his home from a complaint filed by “case suspect, Mehmet Shkodra, now late, as the same has claimed to have been bribed for receiving a tender.

“has started and ends with a letter. How many complaints a day? I have officially been investigated on April 28, 2012, with that complaint. Without verifying the credibility of that letter. The prosecution comes into my house and the minister, based only on the witness complaint now dead, without any evidence. Whoever rushed to do that, these were the things that were brought to my head”, that was Limaj's words two days before the plea.

And for Shkodra's complaint, Limaj's lawyer also had a few words he said in his final address.

Limaj's lawyer, Karim Khan prior to the tribunal, mentioned several Shkodra SMS sent Fatmir Limaj, Adem Grabovci and Nexhat Krasniqi, through which Shkodra had repeatedly insisted on meeting Limaj, and according to the lawyer, citing Frequent meetings between his Limaj on SMS.

Regarding Shkodra's claims, Limaj's lawyer, Karim Khan, said Shkodra has sometimes gone to Limaj's office and waited for hours insisting that the tender for summer maintenance of the roads is given to him, which has not even happened.

The fact that no tenders were given indicates that the tender process has functioned by rule”, Khan said and, according to him, no person who asks for a bribe from anyone, “does not let him cut it for hours for”.

Actual

Initially, Limaj was burdened with the indictment set up in November 2012, one known as MTP 1.

In the case of MTP 1, except Limaj, Andrew Shala, Nexhat Krasniqi and Florim Zuka, charged were former Kosovo Republic of Kosovo Parliament employee Gani Zogaj along with Limaj's two brothers, Florim and Demirin.

The incident involved organised crime and other corruption-related acts in so-called Transport and Post-Telecommunication Ministry issues.

EULEX during February 2014 filed the second indictment against Fatmir Limaj, who assumed him of involvement in corruption.

According to the Constitutional Court in Pristina charged in the MTP 2, except Limaj, the Telaku Rescue and Nexhat Krasniqi, part of that trial were farmer Ali Aliu, after according to the prosecution, his grandchildren seemed to lead the “Burim” company, as well as the company's own owner “Burim<3>, Becir Deda, two who were later acquitted of all charges.

Limaj and others were accused of various criminal acts: organised crime, embezzlement, links to harmful contracts, misuse of official duty or authority, accepting bribes and other acts linked to corruption.

The prosecutor claimed that the Transport Ministry budget had been damaged for at least 890,000 euros, EULEX's then announcement said.

In July 2013 the trial had partially confirmed the indictment and concluded that there is sufficient evidence for well-equipped doubt that defendants Fatmir Limaj, former MTP minister, Nexhat Krasniqi, chief of Procurement at MTP and Andrew Shala, former cabinet chief and political adviser to Fatmir Limaj, formed an organised criminal group that carried out serious criminal acts of abuse of office, or official authority and bribery.

The court approved charges of abuse of office or authority filed against Fatmir Limaj, Nexhat Krasniqi and Telakus over the “case. MTPT 2”, meanwhile, Deda and Aliu were released in absence of evidence.

As a result, the panel of judges decided to unite in a MTPT 1 and MTPT 2 cases where part of this judgment by yesterday would eventually be Fatmir Limaj, former chief of cabinet in MTPT and political adviser to Limaj, Andrew Shala, the bodyguard of Luftj Shpetim Telaku, former chief of the MTP Procurement Department, Nexha Krasniqi and Florim Zuka, owner of the <x0Tali<1> Company.

The consolidation Act of these two cases known as MTPT 1 and 2 was established by the prosecution in late September 2015.

According to the consolidation indictment, the first point charged Limaj, Shala, Krasniqi and Telach with organised criminal offence for 2008-10.

The objective of this organized criminal group has been to give favourable road construction contracts, where road maintenance tenders are given to road construction companies with the promise that a 20% payment from the total value of contracts be made for this organized criminal group. The criminal group has been structured and its members have been operating together for a long time. The members of this group have either had family or social ties with Limaj”, the indictment said.

It's about how long Limaj has been in the position of Transport and Post-Telecommunication Minister (MTPT). According to the prosecution, Limaj has had the power of actual decision-making over members of his group, including Andrew Shala, Nexhat Krasniqi and Rescue Talaku.

Limaj has remained the leader of this criminal group after leaving the post of MTPT minister in 2010. He has often been referred to as “daja”, “Bos” and “chief” from 2008-2012. Limaj has been overseeing and leading the conduct of serious criminal acts committed by members of the organised criminal group, the indictment said.

Meanwhile, Shala, in the indictment, was described as Limaj's right-hand “”, which had served as “sexual”) being involved in bribery along with Florim Zuka, from Tali Company in 200809.

Shala was also claimed to have helped Limaj and Krasniqi use their official positions.

Nexhat Krasniqi, according to the indictment “another close friend of Limaj”, is said to have controlled procurement procedure manipulations.

“He proposed who members of the MTP Commission will be, who have assessed the tenders and who, according to Limaj directives, have been interconnected and made sure the contracts were won by companies that were willing to pay the bribes”, were further said in the indictment.

The prosecution claimed Krasniqi has signed contracts with winning companies.

“Krasnici, who has been present at meetings where illegal agreements have been discussed, has personally signed contracts with winning companies, such as with the company ʹTaliı, despite having been aware of the consequences of his actions. He also, has been actively involved in talks about accepting bribes”, following the indictment linking Krasniqi to the company owned by Florim Zuka.

Part of the prosecution's indictment is the Telaku, Limaj's bodyguard, who from the prosecution was considered a close friend and associate of the “Limaj group”.

He is from the same village as Fatmir Limaj and has served under Limaj in the Comanova Brigade. As a member of Limaj's group, Telaku has arranged private meetings between Limaj and the brokers of construction companies before and during the respective tender processes. He has requested construction documents before, as well as during relevant tender processes”, the prosecution's indictment says.

From this point of the indictment, the three -- Limaj, Shala, Krasniqi and Telaku -- were released.

The second and third points to Limaj, Shala, Krasniqi and Telaku tasked the same with abuse of their official positions and taking bribes through conducting talks, promises and tenders for building roads “Talli” and “Inter-European” in exchange for search and receiving bribes.

According to the prosecution, these tenders are provided by bypassing and manipulating the legal rules of procurement, under the Public Procure Law, which prohibits one company's favour over another.

The prosecution's Telaku had helped Limaj and Krasniqi manipulate the tender's procedures, making commitments for private and negotiating agreements, carrying out tender documents, asking for money and carrying in private communication -- including pledges for tender delivery, between company representatives Ali Aliut and Limaj, before and during the tender process.

Meanwhile, Shala and Krasniqi, always according to the indictment, were said to have helped the company “Talli” owned by Florim Zuka, to arrange the tender documents, while on the other hand said that Limaj had promised Mehmet Shkodra from the “Inter-European” company that he would regulate the tender documents.

Shkodra, who is now feeling late, according to the prosecution, from the company “Inter-European” had refused to pay the 20% required bribe, while Zuka from the company “Talli” agreed to pay the 20% required bribe.

All this, according to the prosecution, was made for Limaj, Shala and Krasniqi to reap material benefits and to collect and seek bribe money.

Regarding the tender for construction of the Pontesh-Jevovac road in Gjilan, Limaj has met privately with Shkodra from the Inter-European Company, advising him to submit bids with other companies to win tenders for the upcoming MTP projects, the indictment said.

According to the prosecution, as far as the tender for summer and winter maintenance 2009 in the Gjilan region, Limaj had told Shkodra from the “Inter-European”, that “would not speak and summer maintenance for the streets for 2009 would be yours”.

The prosecution claimed that Krasniqi, under Limaj's instructions, had specified the agreement by telling Shkodra that “would deposit 20% of the total amount in advance and you would then give us that money”.

According to the indictment, when Shkodra had agreed to pay the required bribe, Limaj had instructed Shala to negotiate a bribe deal with Zuka from the company “Talli” for his personal benefit, so that in March 2009, following detailed discussions on the bribe between Shala and Zuka, the company “Tali<3> was awarded the tender at the value of 1,9244,94 euros, in exchange for a bribe that reached many of the 250,000 euros that would pass directly to the Limai family.

Meanwhile, for the next tender for the asphalt of Duraj-Birrica Street, the prosecution claimed Limaj had directed it through a letter, which was written in the presence of representatives of the company <x0).

According to the prosecution, Telaku helped establish private communication with Ali Ali when the tender procedure had begun. Krasniqi, according to the indictment, even though he has known about private agreements and arrangements made by Limaj, has acknowledged the continuation of tender procedures, has not reported any misuse and signed contracts with winning companies “Eskavator” and “Source”.

As for this point, Judge Tuma said the prosecution did not prove it beyond the suspicion based on this charge, but only partly on the basis of the late man's statements, Mehmet Shkodra.

Furthermore, according to Judge Tuma, the court cannot be based solely on his statement, since the law says that a test cannot be considered such if it cannot be challenged by questioning during any phase of procedure when necessary and taking Mehmet Shkodra into question was impossible during this trial, since the same had changed lives.

As a result, the court has failed to conclude that Limaj has misused his official position in giving this tender, nor has Shala been assisting in Limaj, as well as through expert reports that Krasniqi has been aware of price arrangements.

The fourth point of the prosecution was linked to Florim Zuka and charged the same with bribery, since, as mentioned earlier, his company “Talli” through a bribe which, according to prosecution Mehmet Shkodra, had refused, has managed to win the tender.

On March 23rd 2009, the bribe between Shala and the company Talı) went to the final phase. Zuka assured Shala that Tali “would fulfill the vow to you (Endrit) and certainly to your people” and that he “do give you (Endrit) 25 with four zero”, was written in the indictment.

During the process, according to the prosecution, the tender was awarded to the company “Talli” for the bid worth 1.192.844,94 euros.

As the court's findings were read, Judge Tuma said that the point which charges Zuka with bribery has reached the absolute prescription.

During the final address, Zuka's lawyer, Blerim Prestreshi, also pointed out that this work has only reached its absolute predestination at the time of the consolidation of MTP 11&2 in 2015.

Meanwhile, the fourth prosecution's indictment also charged Zuka with misuse of authorisations in the economy over the construction of the Pontesh-Ragovc Street in Gjilan, with the claim that Zuka in the quality of the company's owner “Talli” has seriously violated the rules of business activity by tolerating agreements to regulate the price of “Zuka Commerce Company<3>, his brother's property without revealing that both companies worked together.

The bids, submitted by “Talli” and “Zuka Commons” for this tender, contained identical prices in the required positions in which the bids had to be exacted, the indictment indicated.

At the same point, Zuka was charged with acting the same for the summer maintenance tender for the path of the Gjilan region for 2008. But in this case, the prosecution claimed to have done it with the company “Eurokos”.

In turn, Judge Tuma indicated that even this charge has not been proven beyond the prosecution-based suspicion.

The sixth and final indictment in the indictment charged Limaj with other criminal acts in the form of failing to declare the accepted money for the campaign.

That had happened on October 18th 2007, when Limaj has accepted a contribution to the political campaign by Ibrahim Mislimi for the election campaign for mayor of Pristina in 2007.

The contribution to the campaign was arranged between Mislim and Shala until Limaj was visiting Germany. Shala was the manager of Limaj's election campaign during this relevant time. 5,000 euros were transferred from Ibrahim Mislim to Limaj's private bank account. Despite the obligation to declare these 5,000 euros as an official contribution to the campaign, Limaj has not officially declared this amount to relevant authorities”, it was written in the indictment.

Limaj was acquitted.

Witnesses

Witnesses invited to testify in this trial were also former MTPT 2, Ali Aliu and Becir Deda, both invited witnesses from the prosecution this year to be questioned about the tenders for summer street maintenance in the Ferizaj region.

Aliu in almost all the prosecutor's questions answered with “does not know” or “do not remember”.

Aliu during his testimony said he spoke to the Strong Rescue about road tenders, which he ordered to speak to Fatmir Limaj, but Aliu said he did not benefit from this.

Immediately after Ali's testimony, the prosecutor's guest was former defendant Becir Deda, owner of the company “Source”, the company that deals with road construction and has rocks.

In prosecutor Charles Hardaway's questions, if in 2008 there was a tender for summer maintenance of roads in the Ferizaj region, witness Deda said there was no such tender at that time.

The witness was later asked by Prosecutor Hardaway that in 2008 he had been working in Stagova in cacacan company “Source” in asphalt.

Deda said the company worked in Kacanik, but not in tenders opened by the former Transport Ministry.

Before Ali and Deday, in March of this year, Adem Grabovci, former deputy minister of the Ministry of Transport and Post-Telecommunication, was questioned by Fatmir Limaj.

Adem Grabovci, who witnessed the prosecution in the process in March of this year, was questioned about some SMSs he had accepted during the time he had been in office in the MTP.

These SMSs themselves contained the theme of stretching out roads with asphalt.

Grabovci of the prosecutor's questions about whether he remembered the SMS he was reading to, denied to remember them and said he has no responsibility for who sends the SMS in his number, even the same “wipes out without reading”.

Also, during his testimony, Grabovci denied knowing the late businessman Mehmet Shkodra.

I remember being questioned by the prosecution earlier sometime in 2009 or 2010, I gave the statement about these SMSs and I've been asked about Mehmet Shkodra and I've never met him and I don't know”, and he said Grabovci.

The last Witness in this trial was Marina Toivenen, former EULEX investigator, who took over Limaj's case.

Toivenen, a 32-year professional police officer from Finland, traveled to Kosovo in early November to testify in the judgment of Kosovo's deputy prime minister.

Marina Torvenne after entering EULEX became the main investigator in Limaj's case and others.

During that leading time of P SRK had been Isabele Arnal, for which Toiven said there was no good reputation and that “has heard the rumor that Isabel Arnal said he wants the “Limaj's recovery, with or without proof”.

I didn't hear anyone say that, I heard that many of my colleagues weren't happy with Isabel Arnal's behavior, and I don't remember who said it, but I remember that someone said it in front of others, but exactly who said it I couldn't say”, the witness went on.

And several days after that testimony, another charge against EULEX emerged.

<x0)

On November 16, on the day before the session was scheduled for 1: 00 p.m., the public left the hall at the order of the jury chairman, arguing that it should be stayed outside until the same session was announced.

The hearing began an hour late, at 2: 00 p.m. Until that time, as the public was standing in expectation, Limaj was seen in the corridor wandering with several letters in his hand, these containing the article published in “Le Monde”, this article in which interviews were published with former EULEX Justice Chairman Malcolm Simmons.

In this article, former EULEX Judge Malcolm Simmons' leader has said EULEX is a political mission that wants “rooting out a classroom of Kosovo politicians, like Fatmir Limaj”.

As soon as the session began, Limaj began to talk about the article in question.

The thing that's important to me is that my name is specifically mentioned and it's said this is a political mission that has Mr. Limaj”, Limaj said, talking about the article in “Le Monde”

I've been judge for seven years almost eight of the first day I've expressed concern. This is definitely shocking to me”, he added.

The defense then demanded from the court that Malcolm Simmons be cooled into witness quality, but that such a request be refused.

In this case, in his final address, the prosecutor called it “elephant in room”.

The prosecutor said these claims are serious, but they are just claims, so he asked the court not to take it into account.

Until, in his final defense address, Limaj's lawyer, Karim Khan, said he would be seen through the press what will happen next.

Simmons' claim was not mentioned in the court's findings during the proclamation of judgment.

And for that decision, the prosecution has the right to file complaints within the legal deadline.

After the plea of the court, as the whole public followed out of Fatmir Limaj, in the courtroom continued to stand alone, prosecutor Charles Hardaway.

Asked by KALLXO.com whether the prosecution will file a complaint, case prosecutor Charles Hardaway said nothing more could mean, except for more details a communique will be issued through the EULEX information office.