Prisoners with over 25 years of terrorism seek innocence at Appeals

Bujar Behram, Resim Kastrati, Gramos Shaban, Albert Ademiaj, Leotrim Musliu and Edona Haliti are calling for Apeli to be acquitted of criminal acts to which the prosecution charges them, reports the Bet on Justice”.

The Constitutional Court in Pristina, in September 2019, had convicted the six accused of acts of terrorism that he had sentenced to prison for over 25 years in effective prison.

Disgusted with the sentences pronounced by the first degree court, it had been the Special Prosecutor of the Republic of Kosovo (PSRK), who has filed complaints regarding the extent of the sentence.

This reason that extenuating and embarrassing circumstances have not been assessed correctly by the court in the first degree.

According to the prosecution, the court has downplayed serious circumstances in the case of measuring the height of the sentence on the accused, and especially on accused Musliu.

The complaint for substantial violations of legal provisions, misconception of the actual situation, violation of criminal law and punishment have exercised defenders, lawyers, Flamur Podvorica, Visar Vehapi, Arber Fazliu, Hamdi Jasanica, Aziz Rexha and Zahir Hamza.

The defender of accused Bujar Behram, lawyer Arber Fazliu, said he remains in whole with the complaint, adding that the first degree act is involved in violations of legal provisions.

He said the legal qualifications of the criminal act itself do not coincide with the incriminating actions of his defense.

Meanwhile, the defender of accused Resim Kastrati, lawyer Hamdi Jashanica, said he has not proved his defender to be the perpetrators of criminal acts he was convicted of.

The accused Kastrati himself said the prosecution is not only baseless, it is a slander against him.

I have only Allah as my protector, while the lawyer only does his work in a procedural way. Not only are they baseless accusations, but they are also slander”, Kastrati said.

The complaint on all the complaining bases has also been exercised by the defender of accused Gramos Shabani, lawyer Visar Vehapi, who has demanded the annulment of the court, since the same is involved in procedural violations.

This act does not even minimally meet the formal criteria, and I demand that Appeals break up this act or change my judgment and defend me to release”, Vehapi said.

And in the complaint filed by his protector, the accused Shaban himself, who, among other things, said he is innocent and wants Apel to free him and his wife, Edona Haliti, from the prosecution.

I object to the sentence I am guilty of. I'm innocent. I haven't taken any action to be found guilty of. My innocence was made clear, for who wants the truth, my goal is life, not death”, he declared.

The innocence requested by Apel, even accused Edona Hlaiiti, who through her defender, Aziz Rexha, has sought to be acquitted.

Release for his defense, Albert Ademiaj, also requested by the second-instance court, attorney Zahir Hamza, who has filed complaints on all complaints.

Disgusted with the act of first degree was accused Musliu, who through his defender, lawyer Fatlum Podvorica, has filed complaints on all complaints.

Meanwhile, the accused himself, Musliu, said that he had never seen such a gross, unlawful act in his life.

Otherwise, on December 20, 2019, there was a hearing in which the Court of Appeals would address the complaints of the six defendants convicted of terrorism-related criminal acts, Bujar Bahram, Resim Kastrati, Gramos Shaban, Albert Ademiaj, Leotrim Musliu and Edona Haliti, but because of not sending invitations in order, the same was postponed.

According to the trial pronounced on September 4th 2019, by the chairman of the court, Judge Mustaf Tahiri, accused Bujar Behrami, had been sentenced to 10 years in effective prison for two criminal acts “preparing terrorist acts or criminal acts against the constitutional order and security of the Republic of Kosovo”, as well as “the chief of the terrorist work”.

For the same criminal acts, the accused Resim Kastrati had been sentenced to four years in prison.

The accused of preparing terrorist acts and recruiting to terrorism, Gramos Shaban, was sentenced to a unique sentence of seven years in prison.

Edona Haliti, on the other hand, had been sentenced to one year in prison for “preparing terrorist acts or criminal acts against the constitutional order and security of the Republic of Kosovo”, and criminal work “conducting terrorist activity”.

Albert Ademiaj was sentenced to a year and six months in prison for failing to announce criminal acts.

For failing to announce criminal acts and illegal weapons, Leotrim Musliu had been sentenced to a unique sentence of two years and three months in prison. .

The accused Bujar Behram, as a supplementary punishment, had been seized with a total of 900,000 euros, while accused Musliu, weapons and sequential bullets.

According to the indictment filed by the Special Prosecutor of the Republic of Kosovo on October 4th 2018, accused Bujar Behram of Resim Kastrati, over the period from December 2017 until June 29, 2018, have prepared terrorist attacks in Kosovo.

According to the prosecution, accused Bujar Behrami has attempted to create the group named “supporters of the Islamic State on land of eagles” to operate in Kosovo, Macedonia and Albania. Except for terrorist attacks on discotheques “Insomnia” and “Kamboja” in Gracanica, as well as the Orthodox Church near the “Moskva” cafe, in the northern part of Mitrovica, as well as other urbanised countries.

The indictment says Resim Kastrati is engaged in the supply of fire weapons and explosive materials, as well as the finding of persons for placing explosives vests.

According to the indictment, the two indictees have committed criminal work “the preparation of terrorist acts or criminal acts against the constitutional order and security of the Republic of Kosovo”, by Article 144 pars. 3, in terms of criminal activity “the conduct of terrorist activity” by Article 136, par. 1 related to Article 31 of KPRK's.

The accused Bujar Behram, following the prosecution's claim, during April, May 18th, with the aim of committing terrorist acts in Kosovo, during communication with the person named Mursel Murseli, the same from Germany has sent financial means for suspect Resim Kastrati, in order to purchase explosive materials and fire weapons.

The indictment reportedly dated April 20, 2018, April 24, 2018 and May 14, 2018, through the institutions for transfer of money “Money Gram “and “Western Union”, has indirectly sent the amount of money of 2629.45 euros, 3117.01 euros and 3255.00 euros (however 9001.46 euros), in the name of the person named Petrit Gashi, and that the same transactions with the implementation of secret surveillance measures and investigation have been confirmed by the suspect.

With that, according to the prosecution, Bujar Behrami has committed criminal work “relief in the conduct of terrorism”, from Article 138, par. One of KPRK's.

The Act also charges Gramos Shaban with criminal work “the preparation of terrorist acts or works against the constitutional order and security of the Republic of Kosovo”, by Article 144, par. Three, in terms of criminal activity “the conduct of terrorist activity”, from Article 136, par. One of KPRK's.

This is because, according to the indictment, during May and June 22, 2018, accused Gramos Shabani has directly planned to prepare terrorist acts in Belgium and France, since he is also Belgian citizens.

According to the prosecution, he has planned suicide explosives attacks on citizens' frequent locations, which, with the implementation of secret investigation and surveillance measures, respectively, monitoring talks in public and private places by the Kosovo Police DKT in Pristina, on June 05, 2018, the same one is arrested.

Also, Gramos Shabani, on June 22, 2018, has directly appealed to his wife, Edona Haliti, in terms of preparing terrorist acts in Kosovo, instructing him to make suicide attacks with automotive explosives, on KFOR members in Kosovo and in other countries frequented with citizens, and also planning his supply of firearms and explosives, with the aim of carrying out the terrorist act.

For these actions, the prosecution charges the criminal act “rescript for terrorism”, by Article 139 of KPRK's.

The indictment of Edona Haliti, according to the indictment, during May 02th and June 2018, acting on the instructions of accused Gramos Shabani, has been involved in in incriminating the preparation of terrorist acts in Kosovo, planning to stage suicide attacks with explosives in vehicle to members of KFOR in Kosovo, as well as in other citizens' frequented countries, supplied with fire weapons and explosive matter aimed at carrying out the terrorist act.

Because of these actions, the indictment charges Edona Halit with criminal work “preparing terrorist acts or criminal acts against the constitutional order and security of the Republic of Kosovo”, from Article 144 pars. 3, in terms of criminal activity “the conduct of terrorist activity” by Article 136, par. One of KPRK's.

Two other indictees, Albert Ademiaj and Leotrim Musliu, the prosecution accuses them of being preparing terrorist acts in Kosovo from December 29, 2017, in Pristina and other countries in Kosovo, even though they have been informed and informed that Bujar Bakram and Resim Kastrati are preparing terrorist acts in Kosovo, have not reported to police the incriminating actions by chapter XIV criminal acts against constitutional order and security of the Republic of Kosovo from us 144 par. 1 in terms of criminal work by Article 136, par. One of KPRK's.

With that, Albert Ademiaj and Leotrim Musliu, according to the indictment, committed criminal work “with no warning of criminal acts or their perpetrators”, from Article 386, par. 1, below paragraph 1.4 KPRK's.

The accused Leotrim Musliu is also burdened with criminal acts “ownership, unauthorized control or possession of weapons”, by Article 374, par. One of KPRK's.

That is because, according to the indictment, in unconfirmed time, without currency permission, and in violation of the applicable law regarding weapons in Kosovo, accused Musliu, has secured and held in the possession of fire rifles, which, in the case of raiding the house and watch items on the part of the Kosovo Police, the same, along with ammunition, have been seized.