Salihu: Brothers' Crime Ramadani and Arben Kicina Heavy to Forgive

Ismet Salihu, a former member of the Commission for Forgiving of Prisoners, has told Gazeta Express that criminal acts such as serious murders cannot be forgiven, saying the crime for which the Ramadan brothers and Kichina have been convicted is extremely serious to forgive.

“For crimes against constitutional order, but even for serious crimes, forgiveness is usually not practiced. The Hajra family case has been an extraordinary crime, the Kichina Brothers and Ramadani have appeared several times in the opinion saying they are innocent, but this should prove justice”, the criminal law professor, Ismet Salihu, has added.

Article 5 of the Law on Forgiveness defines the criteria and circumstances on which forgiveness is based, where the first criterion is the burden of crime committed by the prisoner who has sought forgiveness.

“1. The criteria, which are considered during the decision on forgiveness, are appointed by the president in line with the Constitution and the law in force.

2. Circumstances that may be considered during the apology include, but are not limited to:

2.1. crime burden;

2.2. The risk of reactivism;

2.3. Sincere repentance;

2.4. Display of respectful behavior and character.”, it's expressed in this article.

On August 20, 2001, Hamez Hajra, his wife, Miradija, his son Dzevdet, and his daughters Mimoza and Adela had been killed on a street in the middle of the village of Baica and Trstenik in the Drensian municipality, as they returned from a wedding to their home in Glogovac (Drenas), the case is said to be the case's act.

Source of Arsim Ramadani and Arben, Blerim and Jeton Kicina had been found guilty by the District Court and the Supreme Court for their murder.

The case has gone through all steps of all domestic courts, including the Constitutional Court.

Professor Salihu has explained that the apology can be made by each prisoner, but they are first considered by the Commission on the issue, and their proposals go to the president.

There's a procedure there that first forms a group of experts from 6 people, I've participated several times, they study all the subjects, we get the opinion of the institution where they're holding the sentence, of the prison and of the judge, and then they analyze all of each of the behavior, how much it's condemned, how much part of the sentence it's held, especially how it's handled during the prison and how it will be admitted in around and so on. This group of experts sends it to the president, and he is not obliged, but usually he takes into account this working group, and then he decides to forgive 300 or 400 people, 30 or 3 or so, depending on it. After signing the verdict separately, for each person named and surnamed, it is announced in the Official Journal and made public, and the corrective service and opinion” is announced, Salihu explained.

Otherwise, Salihu has said that the institution of forgiveness should be more frequent even with many people because it affects the motivation and behavior of prisoners.

The apology is not fair to the prisoner, it's the state's right, they're just entitled to forgiveness. Otherwise forgiveness is an act of mercy”