A Suhareka family accuses prosecutor and judge of corruption

A family from Suhareka Semetish is seeking exemption from the prosecutor's case and the chief judge who is leading the case of their family's murder.

Abednego Bytyqi was killed in October 2016. Four people, Murat and Reshat Ademi, wife of the late Resmije Bytyqi and Fadil Fetiu are being charged for the murder.

Abednego's father, Avdi Bytyqi, is doubting the impartiality of Prizren's prosecutor, Genc Nixha, and the chairman of the Judicial Chamber in this case, Xhedin Osmani.

Avdiu is questioning the prosecutor's impartiality and the judge because he has doubts that they have been corrupted by the accused.

Family of the late Abedin Bytyqi, who was killed in October 2016, are seeking to be expelled from the case of State prosecutor Genc Nixha, as well as the chairman of the court, Geeladin Osmani, and are doing so after questioning their impartiality and having doubts that the same have been corrupted by the accused.

The family's doubt in the impartiality of the state prosecutor and the judge had come when this year's Court in Prizren on August 2nd had released accused Reshat Ademi from custody, even though for serious murder in co-ordination the sentence dates back to 10 years and to life in prison. However, after several days again Reshat Ademi had returned to custody.

For Avdi Bytyqi, the release of the accused for the murder of his son from custody is sufficient reason to make him suspect that the judge is corrupt.

He even says that he has no faith in the organs of justice.

I'm looking to start the trial from the beginning to dismiss these guys that I'm suspicious of, are they corrupt or aren't I able to do it exactly, but by the way I'm hearing it. My opinion is, don't keep me in session with these”, said Bytyqi.

Bytyqi says it is pointless for him to have someone committed murder released from custody.

I wasn't called at all in two sessions, in the second or third, when I found out I didn't send a letter myself. I've gone, I've been going to the sessions regularly and I've seen that they're not going well... I'm looking at it myself, it's not going right, man issued into house arrest, the criminal, who's been released, here I'm suspecting”, he says.

And the family's suspicion that the prosecutor of the case had been corrupted had grown when there were some wiretapped in the media and that the accused Resmije Bytyqi had awarded 12 thousand euros to the prosecutor.

The Bytyqi family had earlier sought the state prosecutor's dismissal from the case, but their request had been rejected.

We've requested that I'm not doing well. I was mentioned at 12 thousand euros, according to them, those twelve thousand euros who put it up for him. They've heard the people who made it nearly 12,000 euros to Genc, when he found out now on February maybe they haven't dared even crazier, what I know. I haven't seen them with my eyes, I can't say that he's taken them with his eyes, but I doubt, I doubt I'm going to work, doubting”, says Bytyqi.

The request for the expulsion of Genc Nidja and Xhedin Osmani from the Bytyqi case was submitted last Friday to Prizren's Constitutional Prosecutor and the Constitutional Court in Prizren.

Family lawyer Blerim Mazreku has shown the reasons why they asked for it.

It is the request of the victim's family, respectively, victim Avdi Bytyqi's father, to ask for the court chairman's exemption, not all members, but only the chairman of the court, as well as the prosecutor of the case. Because during the entire trial Avdi Bytyqi has expressed doubts about the impartiality of the state prosecutor and the chairman of the court. Regarding the chairman of the court, the court's request for exemption, respectively, was injured by Avdi Bytyqi, insisting that requests be filed for exemption because the same was decided a few weeks ago that one of the accused for serious murder, Reshat Ademi, respectively, should be released from custody. The decision, which has been broken by the Court of Appeals, was further due to the failure to hand over the decision to cut the detention measure and not announcing at all the damaged party, according to family members made the court's impartiality suspicious. As well as questioning impartiality for the following judgment of this case”, Mazreku said.

While the main reason why they ask for the state prosecutor's dismissal, according to lawyer Mazrek is that during the investigative phase the prosecutor has been mentioned by some accused of having received a lot of money. According to him, this is very suspicious for the damaged family.

Kosova Prees has tried to get answers about these allegations even from State Prosecutor Genc Nijza, but who has not responded to editorial calls, however, he through an SMS has said he is on vacation.

On the other hand, the peaceful one was Judge Geladin Osmani, who has not responded to editorial calls.

But, Kosova Prees has also sought answers from the Prosecutor's and Court's Media Office. Although the reason why accused Reshat Ademi has been released from custody has been requested, the response from the press office has been returned only to ask whether the Court has taken the decision on the plea for the dismissal of Judge Xhedin Osmani.

“For the exception of the chairman of the Judicial Chamber, the request must be submitted to the court and for the same is paid administrative taxes, for which it has not yet been paid -- if the same is not paid -- the court considers the case to be withdrawn”, reportedly in the response of Prizren Foundation Court's Media Office.

Neither has the Office for the Media of the Constitutional Prosecution responded to Kosovo Preess questions, but one has provided only the question of whether or not any decision has been made on the dismissal of State Prosecutor Genc Nixha.

Victory Prosecutor Mehmeti's spokeswoman, through email, has said the decision will be made within time.

Regarding the question posed, we suggest that the Constitutional Prosecutor in Prizren, within the previous legal deadline, will make a decision about the demand in question”, said in response.

The founding prosecutor in Prizren accuses Murat and Reshat Ademi that on October 6, 2016, after the preliminary agreement, they have cruelly deprived of life to the late Abednego Bytyqi. Resmije Bytyqi accuses him of pushing to commit the murder, while Fadil Fetiu is accused of failing to announce criminal work.

According to the indictment, the Ademi brothers met during 2016 with the accused Resmije Bytyqi, whose daughter is an uncle, and she complained to them that her victim, her husband, was mistreating her by beating her. Then, according to the prosecution's body, she had asked them to kill her husband, saying that if they couldn't do the murder, she would hire someone else to do it.

The indictment says that accused Murat Ademi, driven by accused Bytytqi, has gone to the home of accused Fadil Fetiu, where the late man was working on electrical installations and at the threat of firearms has now kidnapped the deceased. On the other hand, the charge is said to have bound the victim and sent him to an unknown place where the other accused Reshat Ademi was awaiting him, and then he was struck with powerful means, causing serious bodily injury. Likewise, the accused after being beaten up by a victim, was killed by a fire and then buried.