Open letter to Judge Becir Kalludra

Honored Judge Kalludra,

As long as we're only two or three days away from changing weathers, first of all, I want to express my best wishes for New 2018. I can only imagine how beautiful the cream and gifts you will exchange for your family and friends will be. But this opportunity of celebrating and rejoicing, because of your decision to keep them in custody for a disctabil case, will not have Donika Cadaj-Bujupi and Albin Kurti, two parents like you and congregation representatives of the people of Kosovo.

Your Honor,

To eliminate any such prejudice, before I list my thoughts and arguments about not being held in prison, which I consider to be unjust, Mrs. Caday-Buypi and Mr. Kurti, I proudly declare my highest respect for the judges and affirm the importance of justice in society and state.

And let me inform you, I'm not a member of the Vetevendosje Movement organization, and through which they act as political activists of your two prisoners.

I say without doubt, if I had been in their country and opposition deputies in the Kosovo Assembly in 2015-16, I wouldn't have thrown tear gas as a political tool. But this assessment of mine cannot delegate or judge the right to use an unpleasant but tolerant approach by persons consciously political subjects. What is more important, the legitimacy of a political action cannot be judged by either you or any legal judge anywhere in the world. The only judge to be needed and can issue verdicts on political conduct is the sovereign.

Judge Caluldra,

In my opinion, the first formal mistake you and the Pristina Constitutional Court have made by agreeing to you to be the judge of the case regarding the drop of tear in the Cup facilities while overseeing the trial and making a 21-year sentence and six months prison for three activists and a VV deputy for attacking the Parliament building. If I am not wrong, the Pristina Constitutional Court has 65 other judges and your non-compliance in the case of tearloaders would have killed suspicions of conflict of interest, while the minimum judicial detail would have been enabled.

I'm referring to this malpractice because you're in jail. Caday-Buyup and Kurt just using the procedural rules of punishment for those who do not respond to calls and judicial orders.

Whatever it is, before I present my thoughts and arguments why the whole case is unconvinced and a legal parody, let's assume, for a moment, that, basically, you're carrying out the law and you've wanted to give a lecture on disrespect for the court and its calls from Caday-Buyup and Kurti.

The two defendants are in prison for more than a month now, and continuing detention for MPs is a disproportional measure for a non-serious offense. Imagine if a citizen was sentenced to 100 years in prison for a traffic offense. The disproportionate punishment and arbitrary use of your power as a judge only contributes to the breakdown of civic confidence in the necessary impartiality of justice and does not bring any legal or social good.

Honored Judge Kalludra,

Mrs. Caday-Bujupi and Mr. Kurti must be released as soon as possible from you, if not yet because of a lack of legal merit for the charges against them and co-members from VV, AAK and Initiative, for which there is always the option to be tested in the trial, then, however, for equal reasons of treatment for Caday-Buypin and Kurti to have the right to defend in freedom like the 2728 other participants in the work, be the head of the alleged prosecution, respectively, be guilty of prosecution, be guilty of conspiracy in a conspiracy, respectively.

Judge Caluldra,

One of the company's worldwide participants, according to you, criminal, Mr Ramush Haradinaj, today is prime minister of the Republic. Will you judge, or will the Department for Criminal Crimes, honoured justice sharing, even Prime Minister Haradinaj or Deputy Prime Minister Fatmir Limaj? What about Minister Paul Lekaj? What about 25 formers or current MPs who were part of the gas leak?

To consider an act a criminal (actus reus), usually, of course, must be accompanied by a criminal motive or intention (Mens rea). Although each crime is a violation of the law, not every violation of the law is a crime. There are no motives and criminal interests in the political acts of throwing gas into parliament. Most may be sought legally in this subject is civil damage by those present in the meeting room, but this is very difficult to make.

Opposition deputies in 2015 and 2016, during the gas launch, have acted politically and even on December 23rd 2015, have received powerful legal and constitutional exemptions from the Constitutional Court of Kosovo, which, in its act, has ruled 24 violations or constitutional contradictions in the drafts and documents of the project for the Kosovo Communist Community with the ethnic majority Serb population, which has been one of the two reasons for the opposition's opposing insistence and the lighting of teardrops in the Assembly.

So there are two flats where you can't operate as judges; that political and constitutional, and the axle, there's no logic in continuing the process for the tear. In fact, further proceedings were personally introduced to the waters of passing your competencies and the Constitutional Court in the darkness of overcoming legal and jurisdictional powers. Furthermore, your taking and the justice system in the case risks affecting political and party processes, and so, you and the courts, by the Guardians of collective interest, change into influence and definitions of political and party developments, especially taking into account the serious situation that awaits Kosovo 18-36 months and after Mr. Kurti's proclamation that he will race for (reelection) as chairman of the Vetevendosje Movement.

 Honored Judge Kalludra,

Our state has been created with great sacrifices, following the suffering of thousands of years in prison of Kosovo citizens past in the barracks of our former Yugoslavia conqueror. We have all made the state to be its patron and fair-treater for all, like those who think and operate politically like us, like those who use thoughts and actions different from ours. Of course the legality of the law should be respected and when the respective punishments are not respected must be applied, but in the case of the tear you are out of your condition. If someone from dark politics or segments influences you or pressures you, you need to speak publicly, and, asessy sé, you have to take your back because the lower back of judges is the beginning of the slide to the death of every society, state and people. Our justice has so much to do with cases of minors, domestic violence, corruption and murder. Focus there, you and our courts.

Dear Judge Becir Kalludra,

Please take into account the opinions and arguments above by a citizen of the Republic of Kosovo and also using human sensitivity, a component of the judge from ancient times, free from custody and prison to our fellow citizens, Donika Kada-Bujupi and Albin Kurti. I assure you that voters are and will be the best possible judges for politicians, as to convict them as to reward. Let us decide for our representatives.

Honored Judge Kalludra,

I hope you'll be acting before the grand night of the beginning and Mrs. Caday-Bujupi and Mr. Kurti will be able to pass, like you, celebrating the New Year's coming with their children, their families and their friends.

Honestly yours,

Uk Lushi