Appeal brings the case back to Sokol Bashata

The news about “Justice Vow“has confirmed Apel's spokesman, Arber Jashari, who has announced that the subject in this court has been accepted on January 25th of this year.

The “Justice Vow” has also secured the ruling of the Court of Appeals, where it is said that after reviewing the subject papers and the complaint of the defender of Gashi, lawyer Besnik Berisha, the subject should be cancelled and returned to restoration. “According to the assessment of this court, the complaint act is involved with substantial violations of criminal procedure provisions by Article 250 KKPPRK's”, said the Appeal decision.

According to Appeals, the first-degree court states it agrees with accused Fadil Gashi's defender, who argues that this accused was not an official person in the sense of KPRC's 120th article. The chairman of the court, Syle Lokaj, reportedly argued that it is of the opinion that the actions of the defendant Gashi, as can be reflected by the actual circumstances presented in the indictment, have to do with the exercise of influence in the decision taking.

The reason for this act is said to be that Appely could not accept the court's decision in the first instance, since the same has been taken in violation of the fundamental right of the party. According to Appeal, the first degree court should not express the opinion of whether the accused person is an official person or not and declare what work the accused's actions are.

The first-instance court was to eliminate the presumptional violations and to well justify the refusal of the defenders' claims issued in the requirements for dropping the indictment, and then after reviewing the subject paperwork and claims of defenders of the accused, to make a fair and legal decision”, it is said at the end of the act.

Contrary to the Special Prosecutor's Act of the Republic of Kosovo (PSRK), the accused have committed criminal work “the misuse of official position or authority”.

According to the prosecution's claim, during the process of renting residences owned by the Cline municipality, political agreements have been made (the Democratic Party of Kosovo, the Democratic League of Kosovo, the Alliance for the Future of Kosovo and the Democratic League of Dardania), for the distribution of residences.

After that deal, defendants have influenced the decision-making process, where they have bypassed patients with serious economic status and rewarded their party companions with housing.

According to the prosecution, the two defendants, Esat Raraci and Fadil Gashi, using the provisions of the Law for the sale of residences, in which there is a residential right, had filed written requests for the purchase of residences, which had been divided to them.

But as a result of the investigation, the purchase process was suspended. The prosecution also charges Kline chairman Sokol Basota, and Enver Berisha, both with criminal acts “mos-reporting or false reporting of wealth, income, gift, other material benefits or financial obligations”.

The prosecution accuses the defendants that in the period of January 2009 until June 2016, they have not included information or information when they presented their property statements to the Anti-Corruption Agency.

Otherwise, the defendants are also charged with criminal work “task fraud”.