Appeals to a new decision in the case of Ishmael's indictment

The Appeals Court has rejected the request to drop the indictment on Kosovo's Parliament MP from the ranks of Movement “vendosje”, Ismaili Ismaili.

MEP Ismaili by the Constitutional Prosecutor in Pristina is being charged with criminal acts <x0 subsisting, unauthorized control or possession of weapons”, as well as “obstructing the official person in performing official duties”, those related to the drop of tear gas into Kosovo's Assembly spaces.

Under the ruling provided by the “Justice Vow”, the Court of Appeals has described defence claims as groundless.

This, as stated in the ruling, has provided sufficient evidence to support the accused's alleged conviction.

Also, according to Appeals, the first-degree court has extended reasons regarding the suspicion based on controversial evidence and has correctly proved sufficient and acceptable evidence in the legal-procedure.

In December of last year, the Constitutional Court in Pristina had confirmed the indictment against Ismaili by rejecting attorney Betim Shala's request for dropping the indictment.

Against the Foundation's decision, the defence had filed complaints at the Appeals, which required the indictment against Mufti Ismaili to be rejected.

The defense claimed that with the evidence proposed in the indictment, there is no proof of the fact that the accused committed the criminal acts that were imposed on him.

According to the defence, the two plastic canisters taken from accused Ismaili by Kosovo police have not been proven the same are with tear gas content.

In contrast, as far as point 2 of the indictment, which Ismaili charges with the criminal act of obstructing the official person, the defence considers that video recording clearly shows that the accused has taken no action against any member of the Kosovo Police.

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.