Sami Lushtaku requires 1.4m euros in state compensation

Financial compensation has asked for Sami Lushtaku, former commanders The NLA and the former head of the Skywright municipality.

1.4m euros is the amount Lushtaku demands from the state.

He has been acquitted, but prior to his ruling by the Supreme Court, Lushtaku has suffered four years and a month in prison.

Considering being declared innocent, his lawyer, Arian Koci, on November 20, 2018, has applied for financial compensation arrangements with the KDR.

Lushtaku is said to have been convicted and held in prison without reason, and requires compensation in the name of material and immatial damage caused by pain, spiritual suffering of high intensity, violation of reputation and right of personality, spending related to deteriorating health, family visits, delivery and transportation for family members.

Also required compensation for the financial obligations to the lawyer for all actions taken in the criminal procedure conducted against him.

Taking into account all the previously mentioned reasons, Sami Lushtaku calls for compensation from the above-mentioned KDR commission for a total of 1 million and 446 thousand and 890 euros.

During the entire trial process conducted against Sami Lushtaku from the day of his arrest to the day of his release from all charges, 50 hearings have been held.

The Special Prosecutor of the Republic of Kosovo (PSRK), on November 8, 2013, had filed charges against Sami Lushtak and others for war crimes against the civilian population during the Kosovo war.

According to the first-instance act, Lushtaku “acted brutally, deliberately claimed the life of an unidentified male about 40 years old, putting a TT-type gun on his head, while the same person had hands tied by two unidentified KLA soldiers”. The same person was shot with three shots fired on the ground, and had passed away, in an undefined location between Galica villages and Dubovc”.

For this crime, Lushtaku had been sentenced to 12 years in prison, while being acquitted of other points of the indictment.

Lushtaku's defense had filed a complaint with the Court of Appeals against the condemned act, and this court on September 15th 2016 has approved in all of the defence complaint declaring him innocent for criminal work “the deliberate taking of life of an Albanian civilian person,”. But the Court of Appeals, finding it based on the prosecution's complaint, found Lushtak guilty of criminal acts “War crimes against the civilian population” that connects with command responsibility. On the other hand, the defense had filed complaints with the Supreme Court. This court on July 3, 2017, approved the complaint exercised by the defence, and acquitted Sami Lushtaku of all charges, releasing him from custody.

Part of the article written by PRIPORTR, under the EU-funded project, managed by the European Union Office in Kosovo and implemented by BIRN and AGK