Former MP candidate takes 10,000 euros to the state after being arrested illegally

That amount, he had demanded with the claim that he was illegally arrested on suspicion that he was planning a terrorist attack in northern Mitrovica, reports “Justice Vow <x0).

Besides Kelmendi, part of the indictment has been his family members, Arbeesh, Genitana, Drinas, and Kelmendi Station.

Of the total amount of 528 thousand euros, which had been demanded on behalf of the non- material damage caused to them in the case of arrest, he, under this year's October 21st indictment, will be compensated by the state in many of the 10,000 euros.

With this conviction, the court has partially approved the prosecution of plaintiff Muhamet Kelmendi, so he has forced indictees, the Government of the Republic of Kosovo, the Ministry of Internal Affairs and the Kosovo Police, who on behalf of compensation for non- material damage, and the one for spiritual pain to do according to the amount of 6,000.00 euros, while in fear of 4,000.00 euros, all of these with legal interest of 8%, which will be calculated from October 21st to 2019, until the definable payment.

The court has also approved the expenses of the court procedure in many of the 3,041.00 euros.

The trial is said that the court on the basis of evidence has estimated that responsibility for compensation for the damage falls on the indicted side, as the arrest was carried out by the unknown side and the consequences were due to concessions during the exercise of its activity.

According to this indictment, the court approved for compensation of the damage has based it on expertise from psychiatry issue, compiled on June 16, 2019, by psychiatrist Muhammat Karameta, in which it found that the plaintiff had experienced particularly high intensity pain and high intensity.

While, the amount of 440,000.00 euros, the court has rejected it as unfounded, where, as stated in the indictment, the appointment of compensation of the plaintiff to much greater than the one judged, would present special cash sentences, and on the prosecution's side, the purpose of this type of non- material compensation would not have been realized.

The court, too, has rejected in general the demand for his family members, with which they had demanded compensation from indictees in many of the 28 thousand euros, for the spiritual pain and fears experienced in the case of their husband's arrest, whether their father or not.

According to this bias. Such a request, in the concrete case, had no legal basis, referring to the Law on Obligations, the court had found that compensation for non- material damage to members of the families of the persons who were affected in disaster, is presented only to LMD Article 201, paragraph 3, under which family members can only be compensated in case of death, or disability, and in concrete cases, the plaintiff has not suffered complete disabilities, or such proportions.

Otherwise, at the main review hearing that had been held on September 3, 2019, the final word, the prosecution's representative, lawyer Hamdi Podvorica, had written it down.

While this session did not present the accused side, for which Judge Alydin Trsnjak had said they had been invited in a regular manner, but the absence had not reasoned.

Initially, the prosecution had only been Muhamet Kelmendi, but with a parachute on January 13th 2017, the plaintiff's representative, lawyer Hamdi Podvorica, had sought to expand the indictment.

At the session, held on September 3, 2019, Judge Trshnjak had allowed the expansion of the indictment, which included Arbeesh, Genita, Drinas and Kelmendi Station.

In contrast, according to the indictment exercised on June 18, 2015, plaintiff Muhamet Kelmendi, has demanded from the Republic of Kosovo, the Government of the Republic of Kosovo, the Ministry of Internal Affairs, the Kosovo Police, compensation for moral damage, which he says has been caused in the case of arrest.

According to the indictment, indictee Muhamet Kelmendi, on June 10, 2015, at the entrance of Mitrovica, until he was set off to participate in the redependence ceremony of Isa Boletin's remains, by the Kosovo Antiterrorism Unit of the Police, was illegally arrested on the grounds of allegedly planning a terrorist attack in northern Mitrovica.

The indictment says Muhamet Kelmendi is a prominent personality in Kosovo's political and social life, is a member of the Alliance's leadership for the Future of Kosovo, one of the KLA founders, the former Kosovo Assembly deputes, is dean of the AAB College Faculty in Pristina, a scientific worker and exercises other important functions in Kosovo's political and state life.

According to the indictment, according to Article 13 of the Law for State Administration of the Republic of Kosovo, the Republic of Kosovo is responsible for the damage the state administration body has done to its illegal work.

Always according to the indictment, the Kosovo Police Anti-Terror Unit has arrested the indictee in opposition to provisions of Article 17.4 The Kosovo Police Law, because it has not been treated with dignity and has not called the plaintiff for an interview, but has arrested him without warning pointing his weapons in his direction.

The indictment reportedly aims at illegally arresting and charging with allegedly planning to carry out terrorism in northern Mitrovica falsely presents damage to the plaintiff's moral integrity. /Betimy for Justice