All told today during the case session

All told today during the case session

The hearing of witnesses proposed by the Special Prosecutor of the Republic of Kosovo (PSRK) continued on Friday, in the case that former Health Minister Ferid Agani and former Secretary of the Ministry Gani Shaban are being tried for corruption. In her testimony, the government's Health Ministry certificate official (MSH) said the means that [...]

In her testimony, the certificate officer at the Ministry of Health (MSH), Igball Hasani, said that the means that have been separated from the MSH for treatment of patients outside public institutions have been the means that have been separated from the lines of subsidies.

These tools, as Hasani said, have not passed through the Public Procure Law after subsidies, reports the Law on Justice. Such payments, according to the witness, are made not only for patients who have had heart problems but also for other diseases.

For the amount of means shared for patients, the Hasani witness said it put the executive board within the MSH, but, the same ones according to it, could not be executed without the secretary's signing. However, if the amount of separate means was over 10,000 euros, then, as Hasani said, the decision should be signed by the minister. In the absence of the secretary, these decisions, as Hasan said, could also be signed on the part of his replacement.

If the secretary has been on a trip abroad, the signature has been given to the person who has remained in place of the secretary as substitute. We have been announced in advance by e-mail as to who will replace Secretary”, Hasani said.

As for agreements the MSH had had had with private hospitals for treating patients, the witness said she was unaware of and did not see the agreements in question.

As a certificate official, Hasani said that for him, the basis for execution has been the decision signed by the secretary or minister, depending on the amount of tools that have been shared.

However, Hasan said he had the possibility of such decisions being rejected in the event that the same had no legal basis, when, for such a thing, special prosecutor Florije Salihu-Shali was asked.

“If he saw that the bill was not consistent with the bill and the amount was not consistent with the decision or if the patient went to another hospital, not the hospital he was allowed to leave, then the decision was not approved, but it went back. I've never personally rejected any subjects. In the decisions that I've accepted, it wasn't originally the hospital that the patient went to, but later on, it started to figure there and hospital”, the Hasani witness said in her address.

At the end of her testimony, the Hasani witness did not deny the fact that several times he was told by former Secretary Shabani to work under the law and not allow pressures in her work.

That the tools that were separated for patients from the MSH were subsidies and the other witness said in this case, Bardhil Jerliu.

As far as I know, although I don't work in finance, these tools are separated by subsidies”, the witness said.

Jeraliu, who said that by 2014 the task of the division's leader for treatment outside public institutions under the MSH, also explained the basic criteria on which patients should apply for these tools.

“Based on administrative guidelines in force then and now, the basic document to beat the application for financing from the treatment programme is the consular thought, which is issued by the relevant KKUK commission. Then there's an app sheet, an ID document, but the receipts, especially from the institution where the patient will be treated, which the patient himself selects, as well as in social cases the evidence with which he releases it from the payments”, Jerliu said.

The amount shared by the MSH, the witness said it was ranging, 50-70, % for categories that have not been social cases, as well as 100 %s for social cases and children under 18 years.

However, the amount shared by the MSH, according to him, has never dared to exceed more than 30,000 euros, except for leukemia. As the main criteria for sharing the tools, the witness said it was the fact that the patient could not be treated within the framework of the University Clinical Centre of Kosovo.

As for the patient's treatment site, Jarliu said the same have been free to choose the hospital itself where they want to be treated.

In this regard, Judge Violet Namani confronted the witness with an MSH financial report, where over 300 patients had gone to the same hospital, “International Medicine Hospital” (IHM), respectively.

In this regard, the witness said there is no comment, but should be asked patients why they have chosen to go to that hospital.

At the end of his testimony, Jerliu said there was no knowledge that there was agreement between the MSH and private hospitals, IHM and SDA, when the prosecutor asked about it.

Her testimony at Friday's session and even Hidaviete Imer-Fekaj, a nurse at the CKKH cardiosurgy clinic.

Witness Imer-Fekaj before the court showed the way patients are sent from KKUK to MSH, in terms of treatment applications outside public institutions.

The last link there. Similarly, the patient goes to emergency, then gets a launch sheet and if it is said that the same should be treated outside public institutions then comes to us”, the witness said.

After this procedure, the witness said the QKUK commission, composed of doctors at this hospital, examines patients' demands for treatment outside public institutions.

The one on the prosecutor's side, but also by the head of the court, has been asked if this commission can decide without seeing the patient or procedure being conducted only by patient documentation.

Initially, the witness said that the commission calls the patient to look physically and then decides on it, but later, the witness said that the commission occasionally decides without seeing the patient but only with documentation.

I thought it was electrofisolgy and cold cases and not billboards. There are times when the patient doesn't come in and he's a reference letter. Now, our commission only examines matter with electrophysiology there are no cases of heart attacks”, the witness said.

The KKUK's conspiracy commission, the witness said it meets twice a week and if it happens to be missing any members of this commission, then according to the witness it is the responsibility of the clinic director to find the replacement member.

After receiving reference letter from the commission, the witness indicated that it instructs patients to go to the MSH along with the other relevant documentation.

When you take them from us after protocol, we can orally tell the patient and give them our documents and tell them to go to their municipality to get a reference letter for treatment outside the institution. And then we tell him that after he gets that letter he'll tie up our letters to the Ministry, then he's sent the patient or not, I don't know. In the reference letter, it doesn't write in which hospital the patient should go to”, the witness stated.

On the other hand, the witness said she heard about private hospitals IHM and EDA, but the office she worked on, as the witness said, has nothing to do with these two hospitals.

Prosecutor Shamlli asked the witness whether she knows a man named Driton Sylejmani, of whom the witness said she knows after several times coming with his family to arrange documents for their treatment.

Where you know they were his family and you know if this Driton worked at the Turkish hospital”, it was the prosecutor's next question.

In this regard, the witness said Driton Sylejmani himself told her that these people are his family, and she didn't deny the fact that the same one had shown her working at the Turkish hospital, but as the witness said, there are over 150 patients in the day that come to her clinic, so she says she doesn't remember everything.

The next hearings for this occasion were scheduled for August 6th and 7th, at 9:00.

Former Prime Minister Agani and former Secretary Shaban, who by the Special Prosecutor of the Republic of Kosovo are accused of misusing the official position, had been declared innocent about the charges they are charged with in the initial review held on February 26th of this year.

In the initial review of February 26th, it was also announced by the judge of this case, Shadije Grguri, that accused Agani and Shaban will continue to be tried separately by other indictees, who will be tried in two other procedures.

The State Prosecutor, on June 15, 2016, had filed charges against former Health Minister Ferid Agani, MS Secretary General Gani Shaban and 62 other people for criminal acts “the abuse of official position or authority”, “bribe taking”, “bribery”, <6> irresponsible medical treatment”, “The illegal anti-law against legal activity and pharmaceutical> <x-8> and <x>

Meanwhile, the prosecution had resigned from prosecution against cardiologist Africa Bekteshi, arguing that the same was wrongly involved in the indictment.

In this criminal case, investigations were initially conducted against 116 physical persons and 4 legal persons. However, for 56 physical persons, no legal conditions have been met to be included in this indictment, so the same investigations have ceased.

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