Prosecutor's Reason that closed her colleague's son's (Video) drug case

Kosovo police in November 2014 had handed over criminal outcry to Pristina's Pristina Prosecutor under suspicion that Valdrin Gecaj, son of Special Prosecutor Haki Gecaj, had committed the criminal work of” Unauthorized drug possession, psychotrope substances, or analogo” by Article 275 of the Republic of Kosovo Penal Code.

As the programme “Justice in Kosovo aired”, the subject was assigned to the competence of Pristina's Founding Prosecutor, more precisely to prosecutor Arreden Shala-Raqa.

Valdrin's father, Hakki Gicaj, had worked on this prosecutor before 2013, where he had been the chief municipal prosecutor before reconstruction.

The investigation testified that in the file of this subject that prosecutor Shala-Raqa had closed, writes that Valdrin Gecaj was caught with 1.12 grams of drugs and his companion E.H. with 0.73 grams.

As written in Valdrin Gecaj's own subject file, he admitted to the Prosecution on the night he was confronted by police.

“ ...I've been in company with my friends, E.H. and K.D., it was late after midnight when the police searched us... I'm now aware of the action I've performed, but then I found it interesting to see from the movies, but now I swear to you and I promise you that from the day I was in the police I've no longer used”, he had declared before the Serbian prosecutor Shala Raqa, son of special prosecutor Hakcaj.

As research showed, with such a statement when the prosecution's actions have been accepted.

But prosecutor Arbeshare Shala-Raqa, who had no doubt that the defendant had committed criminal acts, decided to close the course and not take the case to court.

The prosecutor's reason for closing the special prosecutor's son case is very interesting. How the prosecutor's reasoning explains why the subject is closed without being sent to court.

“In the statements of defendants given to the Constitutional Prosecutor in Pristina, where they have acknowledged that they possessed the amount of narcotics that was confiscated, while in their defense they have expressed deep regret for their actions, that is, emphasiss that they have never possessed or used narcotics before, as well as the material fact that there is no evidence of police evidence, the state prosecutor thanks to their beliefs and understanding the provision of Article 231, has applied the exception of the principle of legality. So even though there are legal conditions for prosecution of the criminal case in the concrete case, the prosecutor gives up the ongoing prosecution, because the two defendants in general meet the legal conditions of Article 231's provision, paragraph 1.2, the Penal Procedure Code of the Republic of Kosovo, which the provision is favourable to the defendants and in particular fulfils the following conditions of this legal exception, which are repentance and the ban of other harmful consequences”, is said to be in the decision to close the case of prosecutor Shala-Raqa.

But, as the investigation proved, in similar cases prosecutors' colleagues Shala had sent the defendants before the court to decide the case.