An accusation is raised against Ishmael

The Constitutional Court in Pristina has confirmed the indictment to Mufti Ismaili MP, charged with criminal acts “obstructing the official person during the performance of official task” and “maintaining ownership, control or unauthorized possession of arms”, in connection with the case of tear gas throwing into Kosovo's Assembly spaces.

This court has rejected the defence request for dropping the indictment and rejecting evidence.

This has been confirmed by the <x0th Justice Bet”, the chairman of the court, Judge Vesel Ishmael. Meanwhile, defendant Ismaili's defender, lawyer Betim Shala, for “The Justice Vow” has said he has filed a complaint against this ruling at the Court of Appeals.

At the December 13th session last year, lawyer Shala had submitted his request for dropping the indictment and rejecting evidence.

According to him, the prosecution's suspicion that his defense, on the critical day had possessed two gas canisters, could not be confirmed only by a test the prosecution owned, and that proof of the temporary seizure of things. While, for criminal work “preventing the official person from performing official duty”, according to Shala, the prosecution for well-based confirmation that Ismaili had committed this criminal act had used only a few videos.

Ismaili is charged that on November 30th 2015, in the lobby of the Republic of Kosovo's Parliament, during a police raid, two tear gas canisters, which he had hidden in his shoes, had been found at the defendant's plenary hall in Kosovo's Parliament.

Ismaili, also charged that on November 17, 2015, at the beginning of the Kosovo Assembly, he had prevented Kosovo Police members Isuf Xhemajli, Mehdi Kozhani, Rifat Gashi, Ali Berisha and Faik Krasniqi from carrying out official duties.

According to the indictment, the moment the police had attempted to stop him and escort his other Vetvendosje MP, Albin Kurti, accused Ismaili, approached other MPs in the middle and unable to accompany him to the police.

Meanwhile, on 22 December last year, the Court of Appeals has also rejected complaints by deputies Ishmael Kurteshi and Haxhi Shala against the Constitutional Court's decision in Pristina, which had confirmed the indictment for dropping tear gas on the Kosovo Assembly.

MP from the ranks of the “Movement Vevendosje”, Ismail Kurteshi, and Kosovo Initiative MP Haxhi Shala are charged with criminal acts “the use of weapons or dangerous tool” and “the obstructing of the official person in performing official tasks”. On the basis of this act, the Court of Appeals has deemed defence complaints, which had demanded that the prosecution's indictment be dismissed as unfounded.

According to Appeal, the Constitutional Court in Pristina has provided sufficient reasoning and which have supported well-based suspicion that the accused committed the criminal acts they are charged with.

In contrast, the Constitutional Court in Pristina, for the same criminal acts, on 3 January 2018, has convicted MPs Albin Kurti, Donika Cadaj-Bujupi, Albulen Haxhiu and Faton Topalli, who had sentenced them to prison on bail.

For dropping gas in the Kosovo Assembly, Minister of Infrastructural Pal Lekaj is also charged, as well as Albanian deputies Pristina, Time Kadrijaj, Glauk Konjufca, Aida Dorgi, and Teuta Haxhiu.