Tear gas trial postponed by MP Ismaili Ismaili

The tear gas trial has been postponed against MP from the ranks of Movement “Vetevendosje”, Noble Ismali, originally held Monday at the Constitutional Court in Pristina.

Postponing this session has confirmed the chairman of the court, Judge Vesel Ishmael.
According to Judge Ishmael, lawyer Betim Shala, defender of accused Ismaili, has applied for delaying this session for another day, but the same did not show the reasons for the lawyer's request.

Meanwhile, lawyer Shala, contacted by “The Justice Vow”, has said he has sought to postpone the session to MEP Ismaili, because at the same time there was another session scheduled earlier.

The next session is not scheduled yet.

Otherwise, on November 13, 2017, Ishmael was declared innocent of the criminal acts accused of by the prosecution.

While, in December 2017, the Constitutional Court in Pristina, had confirmed the indictment against Ismaili, rejecting attorney Betim Shala's request for the dropping of 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 appeal in January of this year, had rejected attorney Shala's request to drop the indictment, with the argument that the first-degree court has extended reason regarding the suspicion based on controversial evidence and that it has proved sufficient and acceptable evidence exists in the legal-procedure.

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.